Loading...
HomeMy WebLinkAbout1986-02-11; City Council; 8516; MASTER PLAN DENSITY RANGES AND DENSITY CALCULATIONS FOR OPEN SPACE - ZCA-190 | GPA|LU 86-1 | AMENDMENT TO MP-1, 139,149, 174 & 175' AB# 85/& TITLE MASTER PLAN DENSITY RANGES AND *< a 2/11/86 DENSITY CALCULATIONS FOR OPEN SPACE - a, .. 5-a, $4 MTG. -ti G aa, al ,.c DEPT.- MP-1, 139, 149, 174 st 175. ZCA-lgO/GPA/LU 86-1/AMENDMENT TO Mcd DEPT. I ClTYA CITY M , . j I. 'e, a $40 Ma % 0% a0 $401 hG .rl $4 0 0 0.d cd 0a 0 4-1 ha, U ria, (d a0 *rl a, 0aa .rl al a00 a 00 (da, $4- $4 -rl a, oaa g 2.2 e2: .rl G *rl 0,.c 0 g 52 4-1G aa, mGE mrd(d ad hcd G a4 a b 0L-J a 04 c\ s-4 cn Ob oaL.9 zc)a, * (ds as0 $40 * 0 mc boc 0 a c) .rl .rl au3 01 =ra,om G 'r) $4 *rl +oaE 0$4aE d a(d 0 0 U u4-101 00 M ri cc -4 SI a, .rl b a .- 01 cd $LA * L)oo UGEC dP=r G s:: u capl \D 03 I 4 4 N I .. 2 0 g 2 J z 3 0 0 c CI~F CARLSBAD - AGENOQILL RECOMMENDED ACTION: It is recommended that the City Council 1) Introduce Ordinance No. 979q , applying the new density ranges to existing Mac Plans; 2) Introduce Ordinance No. q'79ay , amending the Zonii Code to restrict development on certain open space areas and tc exclude them from density calculations; and 3) Direct the City Attorney's Office to prepare documents APPROVING GPA/LU 86-1 tc wording to the text of the Land Use Element regarding open spat areas. ITEM EXPLANATION This item is a request to amend the Zoning Ordinance, the Gene Plan and existing, approved Naster Plans to accomplish the following: 1) Application of the newly revised density ranges to Ma Plans; and 2) Not allowing identified Open Space to be used to calculate permitted residential density. These items were approved in concept by the City Council on December 10, 1985 and subsequently referred to the Planning Commission for review and recommendation. At the Planning Commission meeting of January 22, 1986, the Commission voted 7 approve these items. The Commission did include four additior the types of property which would be excluded from density calculations. The additions are as follows: I) Only 50% credit for slopes with an inclination of 259 40% (slopes over 40% are already entirely excluded fr density calculations). 2) Only 50% credit for future primary and major arteria shown on the Circulation Element (existing roads are already entirely excluded from density calculations) 3) Land already designated as open space on the General Land Use Element Map. 4) Railroad track beds. For additional background information on this item, please re the staff report to the Planning Commission dated January 23, 1986. I. .*, m 9 .. Page 2 of Agenda Bill No. B;sc 4 EXHIBITS 1. City Council Ordinance Nos. 977v and 979d 2. Exhibit "A" - GPA/LU 86-1 (Wording to be added to the tex 3. Planning Commission Resolution Nos. 2534, 2535 and 2536 4. Staff Report dated January 22, 1986 the Land Use Element) . ~ ., .. 1 2 3 4 5 6 7 8 g 10 11 12 i% oo 13 58 gs 2 6;;z 14 gozu 0 gba >>$ - 15 li.5; wzz8g I-&" - 16 0822 >s f 5 & 17 0 18 k a e ORDINANCE NO. 9794 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 9706, 9735, 9570 AND 9694 TO APPLY THE LAND USB'ELEM DENSITY RANGES AS ADOPTED ON DECEMBER 17, 198B'AND N OPEN SPACE PROTECTION MEASURES TO EXISTING YASTER PL WITHIN THE CITY OF CARLSBAD The City Council of the City of Carlsdd, California CARLSBAD, CALIFORNIA AMENDING ORDINANCE NO. 9778-, *f ,.f ' & b+ does ordain as follows: f d;' SECTION 1: (a) That the Batigui(-os Lagoon Education Park Master Plan as adopted by Ordinand No. 9778, the Ranchc Carillo Master Plan as adopted by O&%nance No. 9706, the Calavera Hills Master Plan as ado#ed by Ordinance No. 9708, Kelly Ranch Master Plan as adosed by Ordinance No. 9735, thc x' Costa Master Plan as adopted,/& Ordinance No. 9570, and the € Grove Master Plan as adopted by Ordinance No. 9694, are amenc *." LR oi' dfK i ,J to apply the residentiafdensity ranges established by the P General Plan Amendmen)! adopted by the City Council on Decembc 17, 1985 as follows( RL 0 - 1.5 dwelling units/acre, RLM 0 . dwellinq units , RM 4 - 8 dwelling units/acre, RMH 8 - I! J 25 26 / (c) Whenever a master plan establishes a developmen ,,/errnit process whereby a minimum density is guaranteed, the ' 8 , density is reduced so that the guaranteed density maintains same relationship to the density range established by this -n -** 1 2 3 4 5 6 7 8 g 10 11 12 rn m 13 28 gz m $32 0~14 14 zoza p E 2 g 15 ,;u - zzgz 16 0a$Ja zo I? >5 2 17 to k 0 18 19 20 21 22 23 24 25 26 27 28 0 a N ;:z2 40 0 0 ordinance as it had to the previous density range; provided, however, that the guaranteed density shall not exceed the midpoint density of the density ranges established by this ordinance. Where no specific density is assigned by a master plan, the density shall be the lowest density established on 1 range. The Planning Commission or the City Codncil, whichevei the final discretionary body for a project,, ay allow a projec to be built at a density greater than the'minimum if it finds that a greater density is justified under the provisions of tl Master Plan. 4 (d) Whenever a master pldn establishes a specific nul of dwelling units which may be hilt in a portion or portions the master plan and the specific number exceeds the midpoint density of the range estab$*ished by this ordinance that number shall be reduced, if necessary, to correspond to a number whic is the midpoint of thq'.'density range established by this ordinance unless th? Planning Commission or City Council, whichever is the Final discretionary body finds that a greater density is justijfied under the provisions of the Master Plan, in no event sEall the top of the density range established by this ordinan'ce be exceeded. /' 1 (e) For projects which received final discretionary i approval under the master plan prior to the effective date of this drdinance, but for a final map or buildinq permits have r been' issued, the master plan developer or his successor in interest shall have two years from the date of the final discretionary approval to obtain a final map and building permits, and to commence construction. If the final map and I J -2- 1 2 3 4 5 6 7 8 9 10 11 12 s m 13 !38 a= 8 Ow< 14 gLzz oua zcsg 15 m:z< iI- -Jv l-zu ~ zz~s 16 oa2m zo I? '5 = 17 >J 0 18 19 20 21 22 23 24 25 26 27 28 0 74 k , ab a building permits are not obtained within that period, the development permit issued under the Master Plan shall be invalid and the density ranges establish1 by this ordinance shall apply to such projects. SECTION 2: (a) Notwithstanding anything to the conti in any of the master plans identified in Secti6n 1 of this ordinance, residential density shall be determined based on tl number of dwelling units per developable, cre of property. Development within master plans shall &e subject to the provisions of Sections 21.44.230 ang 21.44.240 of the Carlsbac Municipal Code. * J , (b) The prbvisions of this section shall apply to projects in the same manner and subject to the same limitations as set forth $n Section l(b) and (e) of this ordinance. SECTION 3: The City Council finds that application c the density range an'd open space regulations as stated in this ordinance is necedsary to protect the public health, safety an welfare by ass$ing that public facilities which have been reuuired for /&he master planned areas will be sufficient to se the resideryts of the master plan area and the surrounding community,.: and by ensuring that the quality of life and the environment in the master plan area and surrounding community will ,6e protected. The City Council further finds that appxication of this ordinance is consistent with and will iiplement all applicable elements of the General Plan. / 2 r I .I I / EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and City Clerk shall certify tc -3- 1 2 3 4 5 6 7 8 9 10 11 12 rn m 13 f?8 $5 2 ggzz Owa 14 z wa QF@ 15 ct;" - z 00 16 gixs $5 2 17 >s a a :!ss 18 c 0 19 2o 21 22 23 24 25 26 27 28 e 0 the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days aftc its adoption. INTRODUCED AND FIRST READ at a regular eting of thc Carlsbad City Council held on the 1985, and thereafter PASSED AND ADOPTED at a reguZar meeting of said City Council held on the day of ' I 1985 by the following vote, to wit: AYES : NOES : ABSENT: MARY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (seal) ~ -4- -I 1 2 3 4 5 6 7 8 9 10 11 12 L3 m m 13 38 N OWQ 14 zowa 0 C 2 !? 15 ma,< LL '-IO k2"" oc?m zo II '5 a: 17 >a 18 19 20 21 22 23 24 25 26' fc j7 28 Q gs cn glLzz wzz82 16 != 0 e a ORDINANCE NO. 9795 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 , CHAPTER -21.4 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITIOrJ OF ON CERTAIN OPEN SPACE AREAS IDENTIFIED I PLAN AND TO EXCLUDE CONSIDERATION OF OPE The City Council of the City of Carl , California does ordain as follows: < SECTION 1: That Title 21, Chapp'er 21.44 of the Carl: Municipal Code is amended by the addiplon of Section 21.44.231 read as follows: 3 ,2* ,e3 21.44.230 Residential Density Calculations, Resident Development Restrictions on Ope$ Space and Environmentally Sensitive Lands. (a) For the purposes of Title 20 and Title 21 of th code, residential density shall be determined based on the nul of dwelling units per developable acre of property. undevelopable and shall :be excluded from density calculations: (3 1 (b) The followi-ng lands are considered to be ( 1 ) bea.c'hes (2) pehanent bodies of water (3) floodplains (4) ,'slopes with an inclination of greater than (5J' significant wetlands (,6) significant riparian woodland habitats ((7) land subject to major power transmission or more easements environmenbal features as determined by the environmental revj process fpr a project are located. Plan Land Use Element Map. exclyded from density calculations: indusive. dhe Circulation Element of the General Plan (existing roads ar (d) Railroad track beds shall be excluded from densi calculations. (e) No residential development shall occur on any property listed in Subsection (a). Subject to the provisions Chapter 21.31 and 21.33, the City Council may permit limited I c' (8) land upon which other significant i i (9) land designated as open space on the Gener; (c) Fifty percent of the following lands shall be is (1) Slopes with an inclination of 25% to 40% r (2) Future major and prime arterials as shown i ,,/completely excluded from density calculations). -. 1 I. 2 3 * 5 6 7 a 9 1o 11 l2 n m CD 13 54 0) g-dZ OW6 14 ZOZE QCZE 15 ;vz< d" i$g$ 16 oa2.m zo 3 '' >-s a: I? 18 19 20 21 22 23 24 25 6 2: t 0 26 d 28 0 e development of such property if, when considering the property as a whole the prohibition against development would constitute an unconstitutional deprivation of property. The Planning Commission or City Council, whichever the final discretionary body for a residential development may permit accessory facilities, including but not limited to, recreatio facilities, view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter ) and on land subject to major power transmission easements inclination of 25 to 40 percent inclusive 11 be designed tl minimize the amount of grading necessary @ accommodate the project, For projects within the coasta*F" zone, the grading provisions of the Carlsbad Local Coastaf program shall apply. (9) For projects which receiykd final discretionary approval under the provisions of Ti 20 or 21 prior to the effective date of the ordinance but r which a final map or building permits have not been issgied, the owner shall have t years from the date of the final&scretionary approval to ob a final map and building permit?* and commence construction. final map and building permit $re not obtained within that period, or for which construction is not diligently processed those projects shall be subj,dct to the provisions of this section. (f) Residential development on s SECTION 2: Th - Title 21, Chapter 21.44 of the Carl! Municipal Code is amenged by the addition of Section 21.44.241 read as follows: 21.44.240 Ron-residential development restrictions 01 Open Space and Env,Zronmentally Sensitive Lands, Non-residential development shall be designed to avo development on l+nds identified in Section 21.44.230. EFFECTIVE DATE: This ordinance shall be effective thirty days-after its adoption, and City Clerk shall certify t the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after : adopt ion. i INTRODUCED AND FIRST READ at a regular meeting of thc Cqrlsbad City Council held on the day of ,8986, and thereafter I J ; J //// //// -2- .1 ', 1 2 3 4 5 6 7 8 g 10 11 12 rn QJ 13 I?8 gs 8 6°!js 14 gbEa: Qgzg mqr2 15 LL JO I-&"" $282 16 ouym gg 2 17 >$ 18 19 20 21 22 23 24 25 26 0 a t 0 27 28 0 PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 1986 by th following vote, to wit: AYES : NOES: ABSENT: MARY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -3- /I e 0 EXHIBIT "A" GPA/LU 86-1 Add the following wording to the text of the Land Use Element of the General Plan regarding density calculations: "Residential density shall be determined based on the number of dwelling units per developable acre of property. The following lands are considered to be undevelopable and shall be excluded from density calculations. ( 1 ) beaches (2) permanent bodies of water (3) floodplains (4) slopes with an inclination of greater than 40% ( 5) significant wetlands (6) significant riparian woodland habitats (7) land subject to major power transmission easements (8) land upon which other significant environmental features as determined by the environmental review process for a project are located. (9) land designated as open space on the General Plan Land Use Element Map. NO residential development shall occur on the lands listed above, however, the City Council may permit limited development of such property if when considering the property as a whole the prohibition against development would constitute an unconstitutional deprivation of property, Limited development of accessory or non-residential uses may be permitted. Fifty percent of the following lands shall be excluded from residential density calculations: (1) slopes with an inclination of 25% to 40% (2) future major and prime arterials as shown in the inclusive. Circulation Element (existing roads are completely excluded from density calculations). Development on slopes with an inclination of 25% to 40% inclusive shall be designed to minimize the grading and slope development provisions of the Carlsbad Local Coastal Program shall apply. Railroad track beds shall be excluded from density calculations. 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 m m PLANNING COMMISSION RESOLUTION NO. 2534 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA,, RECOMMENDING APPROVAL OF A ZO AMENDMENT, AMENDING TITLE 21, CHAPTER 21.44, OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SECTION 21.44.230 AND 21 -44.240 TO RESTRICT DEVELOPMENT ON OPEN SPACE AND ENVIRONMENTALLY SENSITIVE AREAS IDEN IN THE GENERAL PLAN AND TO EXCLUDE CONSIDERATION OF SPACE LANDS FROM DENSITY CALCULATIONS. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-190 WHEREAS, the Planning Commission did, on the 22nd d January, 1986, hold a duly noticed public hearing as prescri law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all per5 desiring to be heard, said Commission considered all factors relating to the zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann: Commission as follows: A) That the above recitation are true and correct. B) That based on the evidence presented at the public hea- the Cornmission recommends APPROVAL of ZCA-190, accordii Exhibit "A", dated January 14, 1986 attached hereto an( part hereof, based on the following findings: Findings : 1) This Zone Code Amendment will result in better protect Open Space areas in the City. 2) This amendment will protect the health, safety and we1 the citizens because it helps preserve significant env features which the citizens desire to have protected. amendment is, therefore, consistent with the Open Spac Conservation Elements of the General Plan. 3) This amendment will result in more accurate calculatic density since nondevelopable areas will not be include //I/ //// 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 aJ 0 PASSED, APPROVED AND ADOPTED at a regular meeting 0 Planning Commission of the City of Carlsbad, California, he1 the 22nd day of January, 1986, by the following vote, to wit AYES : Chairman Schlehuber, Commissioners: Marcu McFadden, McRane, Smith, Holmes & Hall. NOES: None. ABSENT : None. ABSTAIN: None. CLARENCE SCHLEHUBER, Chair CARLSBAD PLANNING COMMISSI ATTEST : MICHAEL J. HOLZMILLER PLANNING DIRECTOR I PC RES0 NO. 2534 -2- 1 2 3 4 5, 6 7 8 9 10 11 12 0 4 g 13 . 5%. z Q) owa 14 ',. $2zz >>Q B F a u. 15 "sara :,io z2g$ 16 ogcm .E y '5 % 17 >o a k 18 19 3. e EXHIBIT "E JANUARY 14,l Qt e ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIONS 21.44.230 AND 21.44.240 TO RESTRICT DEVELOP ON CERTAIN OPEN SPACE AREAS IDENTIFIED IN THE GENERA PLAN AND TO EXCLUDE CONSIDERATION OF OPEN SPACE LAND FROM DENSITY CALCULATIONS. The City Council of the City of Carlsbad, California CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.4 does ordain as follows: SECTION 1: That Title 21, Chapter 21.44 of the Carl Municipal Code is amended by the addition of Section 21.44.2: read as follows: 21.44.230 Residential Density Calculations, Resident Development Restrictions on Open Space and Environmentally Sensitive Lands. (a) For the purposes of Title 20 and Title 21 of tk code, residential density shall be determined based on the nL of dwelling units per developable acre of property. undevelopable and shall be excluded from density calculation: (b) The following lands are considered to be ( 1 ) beaches (2) permanent bodies of water (3) floodplains (4) slopes with an inclination of greater thai ( 5) significant wetlands (6) ' signiftcant riparian woodland habitats (7) land subject to major power transmission or more I .. , e as eme n t s ! 20 21 22 23 24 25 26 27 28 (8) land upon which other significant environmental,? .features as determined by the environmental re1 process for a project are located. (9) land designated as open space on the Gene. Plan-Land Use Element Map. excluded from density calculations: inclusive. the Circulation Element of the General Plan (existinq roads completely excluded from density calculations). calculations. property listed in Subsection (a). Subject to the provision Chapter 21.31 and 21.33, the City Council may permit limited ... (c) Fifty percent of the following lands shall be (1) Slopes with an inclination of 25% to 40% (2) Future major and prime arterials as shown (d) Railroad track beds shall be excluded from den (e) No residential -deveh~EEIIk\ShZ€E~ 'accu'E~on.';any. e evelopment of such property if, when considering the operty as a whole the prohibition against development would anning Commission or City Council, whichever the final cessory facilities, including but not limited to, recreatia cated in floodplains (subject to Chapter 21.31) and on land an unconstitutional deprivation of property. The iscretionary body for a residential development may permit acilities, view areasf and vehicular parking areas, to be ubject to major power transmission easements. nclination of 25 to 40 percent inclusive shall be designed t inimize the amount of grading necessary to accommodate the oject. For projects within the coastal zone, the grading rovisions of the Carlsbad Local Coastal program shall apply. (9) For projects which received final discretionary pproval under the provisions of Title 20 or 21 prior to the ffective date of the ordinance but for which a final map or uilding permits have not been issued, the owner shall have t ars from the date of the final discretionary approval to ok final map and building permits and commence construction. nal map ana Inri2d.ing pedt are nut obtained within that eriod, or for which construction is not diligently processec ose projects shall be subject to the provisions of this (f) Residential development on slopes with an SECTION 2: That Title 21, Chapter 21.44 of the Carl Municipal Code is ,amended by the addition of Section 21.44.2r read as follows: Open Space and Environmentally Sensitive Lands. development tm Tands identified in Section 21.44.230. 21.44.240 Non-residential development restrictions c Non-residential development shall be designed to avc EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and City Clerk shall certify the. a&option of ,this ordinance and cause it to .be published ( least once in the Carlsbad Journal within fifteen days after INTRODUCED AND FIRST READ at a regular meeting of tl Carlsbad City Council held on the day of I 1986, and thereafter -2- 1 2 3 4 5 6 7 8 g 10 11 12 8 m 13 a2 z -,a a ow: 14 g-.-zz zow= o>>E zka 15 LLc;)12 +;do. zzO"2 16 n a o=?m LO I? '5 5 17 to t 0 18 t 19 20 21 22 23 24 25 26 27 28 a e W PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 1986 by th following vote, to wit: AYES: NOES: ABSENT: MARY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -" . ~. Ti -3- r 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 W PLANNING COMMISSION RESOLUTION NO. 2535 ' A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT' CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE TEXT OF THE LAND USE ELEMENT OF TI GENERAL PLAN BY THE ADDITION OF WORDING TO RESTRIC' DEVELOPMENT ON CERTAIN OPEN SPACE AREAS AND TO EXC CONSIDERATION OF OPEN SPACE LAND FROM DENSITY CALCULATIONS. APPLICANT: CITY OF CARLSBAD CASE NO.: GPA/LU 86-1 WHEREAS, a verified application for an amendment t General Plan Land Use Element Text as shown on Exhibit "A" , January 22, 1986, attached and incorporated herein, has bee with the Planning Commission; and WHEREAS, said verified application constitutes a r for amendment as provided in Title 21 of the Carlsbad Munic Code; and WHEREAS, the Planning Commission did, on the 22nd January, 1986, hold a duly noticed public hearing as prescr law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all pel 1 desiring to be heard, said Commission considered all facto1 1 relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr I Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public he: the Commission recommends APPROVAL GPA/LU 86-1, based following findings: Findings: This General Plan Amendment will result in better pro of Open Space areas in the City. 11) //// //I/ i 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 0 W 2) This amendment will protect the health, safety and well the citizens because it helps preserve significant envi amendment is, therefore, consistent with the Open Spacc Conservation Elements of the General Plan. features which the citizens desire to have protected. 3) This amendment will result in more accurate calculatior density since nondevelopable areas will not be include< PASSED, APPROVED AND ADOPTED at a regular meeting ( Planning Commission of the City of Carlsbad, California, he: the 22nd day of January, 1986, by the following vote, to wii AYES : Chairman Schlehuber, Commissioners: McBai Marcus, McFadden, Smith, Holmes & Hall. NOES : None. ABSENT : None . ABSTAIN : None. CLARENCE SCHLEHUBER, Chai CARLSBAD PLANNING COMMISS ATTEST: MICHAEL J. HOLZMILLER PLANNING DIRECTOR I PC RES0 NO. 2535 -2- EXHIBIT "A" JANUARY 14,198f e GPA/LU 86-1 Add the following wording to the text of the Land Use Element of the General Plan regarding density calculations: "Residential density shall be determined based on the number of dwelling units per developable acre of property. The following lands are considered to be undevelopable and shall be excluded from density calculations. ( 1 ) beaches (2) permanent bodies of water (3) floodplains (4) slopes with an inclination of greater than 40% (5) significant wetlands (6) significant riparian woodland habitats (7) land subject to major power transmission easements (8) land upon which other significant environmental features as determined by the environmental review process for a project are located. (9) land designated as open space on the General Plan Land Use Element Map. -" No residential development shall occur on the lands listed above, however, the City Council may permit limited development of such property if-when considering the property as a whole the prohibition against.development would constitute an unconstitutionaI'.deprivation of property. Limited development of accessory or non-residential uses may be permitted. residential density calculations: Fifty percent of the following lands shall be excluded from (1) slopes with an inclination of 25% to 40% (2) future major and prime arterials as shown in the inclusive. Circulation Element (existing roads are completely excluded from density calculations). Devebpment.,on slopes with an inclination of 25% to 40% inclusive shall be designed to minimize the grading and slope development provisions of the Carlsbad Local Coastal Program shall apply. Railroad track beds shall be excluded from density calculations. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 25 0 W PLANNING COMMISSION RESOLUTION NO. 2536 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT! CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A Ai TO EXISTING MASTER PLANS TO APPLY NEW REVISED DENS: RANGES, APPLICANT: CITY OF CARLSBAD CASE NO,: AMENDMENT OF MP-1, MP-139, MP-149, MP- MP-174 AND 175 WHEREAS, a verified application for an amendment tc existing Master Plans in the City has been filed with the C Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a r( as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 22nd January, 1986, hold a duly noticed public hearing as prescr law, to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all per desiring to be heard, said Commission considered all factor relating to the Master Plan Amendments; and 1 jcommission as follows: A) That the above recitations are true and correct, B) That based on the evidence presented at the public hea Commission recommends APPROVAL of the Amendment to the Plans according to Exhibit "A", dated January 22, 1986 hereto and made a part hereof, based on the following findings: NOW, THEREFORE, RE IT HEREBY RESOLVED by the Plann Findings: This amendment will result in the same density ranges applied to all areas of the City. facilities and services will be provided in all areas City. 2) This amendment will help to ensure that adequate publi 11) //// .) 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 0 m 3) This amendment will still allow for a variety of housir and densities and, therefore, is consistent with the gc the Housing Element of the General Plan. PASSED, APPROVED AND ADOPTED at a regular meeting c Planning Commission of the City of Carlsbad, California, he1 the 22nd day of January, 1986, by the following vote, to wit AYES : Chairman Schlehuber, Commissioners: McBar Marcus, McFadden, Smith, Holmes & Hall. NOES : None. ABSENT : None . ABSTAIN : None . CLARENCE SCHLEHUBER, Chair CARLSBAD PLANNING COMMISSI ATTEST : MICHAEL J. HOLZMILLER PLANNING DIRECTOR ~ I PC RES0 NO. 2536 -2- I 1. 1 2 3 4 5 6 7 8 g 10 11 12 m m 13 D a u..' 15 16 17 I.8 19 20 21 tu k 0 3 22' 23 24 25 26 27 28 __.____-. - w JANUARY ' e ORDINANCE NO. AN ORDINANCE OF THE' CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING ORDINANCE NO. 9778, 97 9706, 9735, 9570 AND 9694 TO APPLY THE LAND USE ELEM DENSITY RANGES AS ADOPTED ON DECEMBER 17, 1985 AND N OPEN SPACE PROTECTION MEASURES TO EXISTING MASTER PL WITHIN THE CITY OF CARLSBAD The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: (a) That the Batiquitos Lagoon Education Park Master Plan as adopted by Ordinance No. 9778, the Ranchc Carillo Master Plan as adopted by Ordinance No. 9706, the Calavera HiIls Master Plan as adopted by Ordinance No. 97U8, Kelly Ranch Master Plan as adopted by Ordinance No. 9735, thc Costa Master Plan as pted by Ordinance No. 9570, and the I Grove Master Pfan as ted by Ordinance No. 9694, are amen( to apply the residential density ranges established by the General Plan Amendment adopted by the City Council on Decembt 17, 1985 as follows: RL 0 - 1.5 dwelling units/acre, RLM 0 dwelJ'hqunits/acre, RM 4 - 8 dwelling units/acre, RMH 8 - 1' I I dwelling units/acre, RH 15 - 23 dwelling units/acre. <! ' , f-b) Residential developments within each master pla area which have not received final discretionary approval pursuant to the provisions of the master plan prior to the effective date of this ordinance shall be subject to these density ranges. (c) Whenever a master plan establishes a developmen permit process whereby a minimum density is guaranteed, the density is reduced so that the. quaranteed density:ma.htaks c same relationship to the density range established by this <. 1 2 3 4 5 6 7 8 g 10 11 12 3 OD 13 38 gs % &=lZ 0 w 4 14 zoZ= g>-> mtag 15 uyz$ ii 0. z$gs 16 oa2m 20 3 5 5 4 17 0 18 19 20 21 22 23 24 25 26 27 28 0 >0 t e a ordinance as it had to the previous density range; provided, however, that the guaranteed density shall not exceed the midpoint density of the density ranges established by this ordinance. Where no specific density is assigned by a master plan, the density shall be the lowest density established on range. The Planning Commission or the City Council, whichevei the final discretionary body for a project, may allow a projei to be built at a density qreater than the minimum if it finds that a greater density is justified under the provisions of t Master Plan. (d) Whenever a master plan establishes a specific nu of dwelling units which may be built in a portion or portions the master plan and the specific number exceeds the midpoint density. of $he .range established by this ordinance that numb€ shall be reduced, if necessary, to correspond to a number whi is the midpoint of the density range established by this ordinance. unless the Planninq Commission or City Council, whichever- is, the final discretionary body finds that a great! I density is justified under the provisions of the Master Plan in no event..sha11 the top of the density range established b this ordinance be exceedell. I (e) For projects which receive&- final discretionary approval under the master plan prior to the effective date o this ordinance, but for a final map or building permits have been issued, the master plan developer or his successor in interest shall have two years from the date of the final discretionary approval to. obtain a,~ fhak map and',btr~l&~rrg-~ permits, and to commence construction. If the final map and -2- 1 2 3 4 5 6 7 8 9 10 11 12 m m 13 Y8 5% 8 * $35 Ow4 14 ztuk 15 I--$" - zo I? > 5 2 17 0 18 19 20 21 221~ 23 24 25 26 27 28 D 4 5:;: u?3$ gggz 16 t.0 t e rn building permits are not obtained within that period, the development permit issued under the Master Plan shall be invalid and the density ranges establish( by this ordinance shall apply to such projects. SECTION 2: (a) Notwithstanding anything to the cont in any of the master plans identified in Section 1 of this ordinance, residential density shall be determined based on t number of dwelling units per developable acre of property. Development within master plans shall be subject to the provisions of Sections 21.44.230 and 21.44.240 of the Carlsba Municipal Code. (b) The provisions of this section shall apply to projects in the same manner and subject to the same limitation set forth in Section l(b) and (e) of this ordinance. SECTION 3: The City Council finds that application the density range and open space regulations as stated in .thi ordinance.. &s essary to protect the public health, safety z welfare by a ing that public facilities which have been required for the aster planned areas will be sufficient to h the residents of -the master plan area and the surrounding community, and by ensuring that-the quality of life and the environment in the master plan area and surroundinq communitl will be protected. The City Council further finds that application of this ordinance is consistent with and will implement all applicable elements of the General Plan. EFFECTIVE DATE :* This ordinance. shaZP- be. e-ffevtive- thirty days after its adoption, and City Clerk shall certify -3- -* 1 2 3 4 5 6 7 a 9 LO 11 12 m m 13 58 *F$ 3 gLLzz OwU 14 ,t4k 15 I-$" - 328% 16 oKzm zo 3 n 4 i 5>%8 0 UCISS >5 $ 17 tu c 0 a W the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days aft1 its adoption. INTRODUCED AND FIRST READ at a regular meeting of th Carlsbad City Council held on the day of 1985, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 1985 by the following vote, to wit: AYES: NOES : ABSENT: MARY H. CASLER, Mayor ALETHA L. RAUTENKRANZ, City Clerk ,- e m STAFF REPORT DATE : JANUARY 22, 1986 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZCA-IgO/GPA/LU 86-1, AMENDMENT OF MASTER PLAN NOS. 1, 139, 149, 150, 174 and 175 - CITY OF CAEUSBAD - Applying new density ranges approved by the City Council to existing, approved Master Plans and excluding nondevelopable Open Space lands from being used for residential density calculations. I. RECOMMENDATION That the Planning Commission ADOPT Resolution Nos. 2434, 2535, and 2536 recommending APPROVAL of ZCA-190, GPA/LU 86-1 and Amendment of MP-1, 139, 149, 150, 174 and 175, based on the findings contained therein. 11. PROJECT BACKGROUND AND DISCUSSION On December 10, 1985, the City Council approved in concept several new land use proposals. The two which are before the Planning Commission at this time are as follows: 1) Application of the newly revised density ranges to 2) Not allowing identified Open Space to be used to Master Plans; and calculate permitted residential density. These two items are outgrowths of the Citizens Committee Review of the Land Use Element which occurred last year. Attached Exhibits "X" and "Yl' are excerpts from the Committee recommendations which pertain to these two items. When the Planning Commission was previously reviewing the Citizens Committee recommendations and considered these two items, the Commission voted: (1) 5-2 to apply the new density ranges to existing master plans and (2) 5-2 to agree with the Citizens Committee regarding using designated Open Space in calculating density (refer to minutes from Planning Commission meeting - Exhibit "Z" ) . The proposal now before the Commission would implement the Citi Council's action by approving an amendment to all the existing Master Plans to apply the new density ranges and approving a Zc Code Amendment and a General Plan Amendment to exclude nondevelopable Open Space lands from being used to calculate residential density. The amendments will result in better e m -. protection of significant Open Space areas in the City. They will allow for more accurate calculations of density since nondevelopable Open Space wil not be included. The amendment to the Master Plans will result in the same density ranges being applied to all areas in the City rather than having two differen sets of standards. With the revised density ranges, there will be more assurance that adequate public facilities and services will be provided in all areas of the City. Since the density ranges still allow for a variety of housing types, the amendment are consistent with the goals of the Housing Element. 111. ENVIRONMENTAL REVIEW This item is exempted from environmental review according to Section 15308 of the State Guidelines for Implementation of the California Environmental Quality Act. ATTACHMENTS 1) Planning Commission Resolution Nos. 2534, 2535, and 2536 2) Exhibits "X" and 'CYa 3) Exhibit "2" MJH : bn 1/16/86 -2- EXFIBIT "X" e 0 II I I I 1 I 1 I I 0 I I 1 I I 33 I * Achieve a variety and choice of housing in all I economic ranges throughout the city. * Offer safe, helpful, attractive residential areas with a wide range of housing type88 styles and price levels in a variety of locations. (20-4-0) 3. The Citizens Committee recommends that the following implementation program be incorporated into the Land Use Element: The City Council direct the Planning Staff to review and make remmmndations for the purpoaea of increasing the parking requirements for future apartment units and to continue with a periodic reviev every two years. (25-0-0) o SPECIAL TREATMENT AREA - The Citizens carmittee reccDrmends that *the beach - area, ie-. that area bounded by the railroad tracks OD the east. Pacific Ocean on the west, city limits om the north, and Agua Hedionda Lagoon on the south. be designated a Special Treatment Area and be considered for Redevelopment assistance: excluding the present Redevelopment Area and open space zone% where they coincide- (18-6-0) ARCHITECTURAL REVIEW The Citizens Cormittee recommends that the. following imglementation program be incorporated into the Land Use A city wide ardhitectural review board be kmplemented as part of the compatibility requirements- The principle charge of the Committee is to ensure quality and integrity of design- The second charge is to enhance the unique character of g E lemen t : I each neighborhood- ( 17-5-2) PROCEDURAL RECOMMENDATIONS 1 1- RecormPPenaations made to the City Council by the Land Use Element Cdttee shall have no effect on the land use designatioms sbawn on adopted master plans. Special attention should be paid by the City Council to preserve the integrity J and intent of the adopted master plan documents- (214-0) 8- L x I 8 T A. The follawbg areas of a residential site cannot be used to calculate density: 1. Beaches 2- Water Bodies 4- Slopes greater than 40% 5. Existing public rights-of-way 3- Floodways 41 1 e features the follaving areas of a residential site can be used to calculate density: 1- Significant wetlands - after this feature is identified and used for calculating density. the area will be designated as open space on the open space element plan- 2. Significant riparian habitat - after this feature is identified and is used for calculating density. the area will be designated as open space on the open space element plan. - 0 0 -- us I! E 1F: P P 6 (24-0-0) li; E p. I 3. Major power line easements - only when enhanced and maintained as a passive green belt corridor. If density is calculated on this feature this area cannot be used to meet the open space requirements of a project. (22-2-0) - The City Council should enter into discussions and negotiations with other cities, or the countyr when prospective developments in their areas are incoepatible with adjacent Carlsbad areas 3.m regards to density, type of dwelliag or zoning- Attention should be given to the use of transitional methods to enspIe compatibility- * LAND USE CLASSIFICATIONS 'endorses the exis- Land- - The Citizens Committee Use classifications as shown on the current General Plan. (A-3-01 RESIDENT1 AL 1. The Citizens Committee recommends that the following be added as an overall goal of the existing Land Use Element: - Provide for a variety of housing types and density ranges to meet the diverse eeondc and social requirements of the citizenry, yet still ensure a cohesive urban form with careful regard for 2. The Citizens Committee endorses the guidelines presently contained in the existing Land Use Element which are as follows: o A major principle in allocating residential land uses is to provide for a variety of housing types and density ranges to meet the diverse requirements of the citizenry, yet still create a cohesive urban form. 3 compatibility. (22-2-0) I[ E I I: @ E ., Retain the present predopplnan ce of single family residences throughout the cammunity, while proviw a variety of housing types in the cotamunities within the city, including teu8es8 c0ndaninirrms. apartments. mobile hcsn-8 modular and prefabria- J housing. 32 EXHIBIT "Z" >. 0 @ .. CARLSBAD PLANNING COMMISSION JUUE 19, 1985 PAGE SIXTEEN commissioner i4cFadden moved to delete exception #l on page 31 and add "in the RL zone credit for slopes up to 40% will be given for density, but cannot be built upon. Second Smith. - ---- ------- (7-0) Commissioner Rombotis moved to accept Item A on page 31. Second PlcFadden. ( 7-0) McFadden - Significant wetlands and significant riparian habitat should be excluded from density calculation. They need to be inventoried, identified and designated open space Rombotis - The Committee felt we had more leverage to negotiate for the preservation of these areas with the developer if they were allowed to count them as density. x Commissioner Rombotis moved 1, 2 and 3 of E3 on pages 31 and 32, as is. Second Hall (5-2 with Schlehuber and Marcus voting no). / Commissioner Rombotis inoved ll2 on top of page 32. Second Smith. (7-0) EXISTING MASTER PLUS L'Heureux - Find the language to be confusing. Understand the intention, but the wording does not come through. Are we grandfathering in the existing densities or existing master plans? What do we do with existing Master Plans with tentative -_ --._ \ % Commissioner McFadden moved that the revised standards adopted on density, open space, parks and public facilities will ly to existing Master Plans. Second Smith. (5-2 with s and Smith voting no). 1 -- - Commissioner Rombotis moved to accept the Committee's rec- ommendation on page 34. Second Hall. (3-4 with Schlehuber, McFadden, L'Heureux and Marcus voting no.) 16 0 NOTICE OF PUBLIC HEARING MF'-1/MP-139/MP-149/MP-l50/MP-l74/MP-l78/GPA/LU 86-1 0 .1 ._ NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a publi February 11, 1986, to consider applying new density ranges to existing master plans an amend the Land Use Element of the General Plan relating to density calculations for id Open Space areas. If you have any questions regarding this matter, please call the Planning Department i 438-5591. If you challenge the Master Plans or General Plan Amendment in court, you may be limit raising only those issues you or someone else raised at the public hearing described j notice, or in written correspondence delivered to the City of Carlsbad at or prior to public hearing. APPLICANT: City of Carlsbad PUBLISH: February 1, 1986 CARLSBAD CITY COUNCIL at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on a NOTICEOFPUBLIC HEARING I) NOTICE IS HEREBY GIVEN that the Planning Cadssion of the City of Carlsbad dl hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Wednesday, January 22, 1986, to consider applying new density ranges to existing master plans and to and the Land Use Element ( the General. plan relating to density calculations for identified open Space areas. Those persons wishing to speak on this proposal are cordially invited to &keM the public hearing. Department at 438-5591. If you challenge the Master Plans or General Plan Amendment in court, you may I limited to raising only those issues you or someone else raised at the prblic hearing described in this notice, or in written correspondence delivered to thf City of Carlsbad at or prior to the plblic hearing. . ., If you have any questions please call the Planning CASE FILE: Ml?-1/MP-139/MP-149/MP-150/ MP-174/Me-l78/GPA/LU 86-1 AppLrcAwII: CITY OF -BAD PUBLISH: January 11, 1986 CITY OF CARISBAD PLANNING COMMISSION C*J Clerk's office a 0 .r a@ -’ Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. 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 mc i am principal clerk of the printer of the Carlsbad Journal a newspaper of general circul published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and newspaper is published for the dissemination of local news and intelligence of a general characte which newspaper at all times herein mentioned had and still has a bona fide subscription list of F subscribers, and which newspaper has been established and published at regular intervals in th City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one next preceding the date of publication notice hereinafter referred to; and that the of which the annexed is a printed copy, ha published in each regular and entire issue I newspaper and not in any supplement ther - NOTICE OF PUBLIC HEARING the following dates, to-wit: MP-l/MP-l39/MP-149/MP-l50/ MP-174/MP-l78/GPAnU 86-1 NOTICE IS HEREBY GIVEN that February 1, 1 the City Council ofthe City ofCarls- had will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6 00 P M , on Tuesday, February 11, 1986, to consider applying new density ranges to existing master plans and to amend the Land Use Element of the General Plan relat- ing to density calculations for iden- tified Open Space areas If you have any questions regard- ing this matter, please call the Planning Department at 438-5591 Ifyou challenge the Master Plans or General Plan 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 writ- ten correspondence delivered to the City of Carlsbad at or prior to the public hearing Applicant City of Carlsbad CARLSBAD CITY COUNCIL CJ 4878: February 1,1986 ................................. ................................. ................................. ................................. ................................. I certify under penalty of perjury that the foregoii and correct. Executed at Carlsbad, County of Sz State of California on the 1st day of February, 1986 X202-ZM-9185 Clerk of th ,9- I *{ :* Carlibad Decreed a Legal Newspaper by the Superior Jiurnai Court of San Diego County 3 138 ROOSEVELT ST. 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 ma I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circul published twice weekly in the City of Carlsbad, County of San Diego, State of California, and 1 newspaper is published for the dissemination of local news and intelligence of a general characte which newspaper at all times herein mentioned had and still has a bona fide subscription list of F subscribers, and which newspaper has been established and published at regular intervals in th City of Carlsbad, County of San Diego, State of California, for a period exceeding one next preceding the date of publication ( notice hereinafter referred to; and that the of which the annexed is a printed copy, has news pa per a nd not in a n y supplement therc the following dates, to-wit: NOTICE OF PUBLIC HEARING Place and more particularly de- Lot180ofLaCostaUnitlaccord- If you have any questions regard- scribed as. I- GpAnu 85-7'zc-337 ' ing to Map NO. 6117, filed June 3, published in each regular and entire issue c + NOTICE IS HEREBY GIVEN that 1968, the City Council of the City of Carls- . the City Council Chambers, 1200 bad will hold a public hearing at Elm Avenue, Carlsbad, California, at 600 P.M., on Tuesday, February 11,1986, to consider an application ~ for a ~~~~~al Plan Amendment ing this matter, please call the If you cha11enge the Genera1 Plan Amendment or Zone Change In Court, YOU may be limited tora'sing only those issues You or Sm~eOne P1anning Department at 4385591 February 1, from RMH (Residentla1 Medium else raised at the public hearing ................................. 1 High) tO R~ (Residentla] Medium) and a zone change fro,,, RD-M(Res. : ldential Density Multiple) to RD-M- 6.5Q for a 158 acre property gener- ally located on the south side of La Costa Avenue. west of La Coruna described in this notice, or in wnt- ten correspondence delivered to the CltY of Carlsbad at Or Prior to the public hearing App1lcant city Of Car1sbad LOCATION MAP ................................. 1 CARLSBAD CITY COUNCIL ................................. 1 ................................. 1 u coon oow counu ................................. 1 I certify under penalty of perjury that the foregoin1 and correct. Executed at C rlsbad County of Sa State of California on tte 1 s t 1: zc-337 GIPNLU 86-7 . t'UIu.8 CRC / LA C0,STA