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DEPT.L 174 & 175.
5/27/86 DENSITY CALCULATIONS FOR OPEN SPACE - ZCA-19O/AMENDMENT TO MP-1, 139, 149
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CITY MGR.
RECOMMENDED ACTION:
It is recommended that the City Council Introduce Ordinance No. 9794, applying the new density ranges to existing Master Plans
and Introduce Ordinance No. 9795, amending the Zoning Code to
restrict development on certain open space areas and to exclude them from density calculations.
ITEM EXPLANATION
On February 11, 1986, the City Counc amend the Zoning Code, the General P Master Plans in order to accomplish
1) Application of the recentlj Master Plans; and
1 considered a request to an and existing approved
he foll owing:
revised density ranges to
2) Not allowing certain identified Open Space to be used to calculate permitted residential density.
The Council approved the General Plan Amendment but referred the Zoning Code Amendment and the Amendment of the Master Plans back to staff and the Planning Commission for additional information.
Background on this matter and the requested information is
contained in the attached memorandum to the City Manager dated May 20, 1986.
FISCAL IMPACT
This item is staff and Planning Commission related only. The adopted standards will be worked into the staff review process. Additional staff costs may be incurred in calculating revised
densities, however there is no specific cost to implement this program.
EXHIBITS
1. City Council Ordinance Nos. 9794 and 9795 2. Memorandum to the City Manager from Planning Director dated
3. Supplementary Staff Report to Planning Commission dated
4. Previous City Council Agenda Bill dated February 11, 1986
May 20, 1986
April 23, 1986
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ORDINANCE NO. 9794
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING ORDINANCE NO. 9778, 9708,
9706, 9735, 9570 AND 9694 TO APPLY THE LAND USE ELEMENT DENSITY RANGES AS ADOPTED ON DECEMBER 17, 1985 AND NEW OPEN SPACE PROTECTION MEASURES TO EXISTING MASTER PLANS 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 Educational
Park Master Plan as adopted by Ordinance No. 9778, the Rancho
Carillo Master Plan as adopted by Ordinance No. 9706, the
Calavera Hills Master Plan as adopted by Ordinance No. 9708, the
Kelly Ranch Master Plan as adopted by Ordinance No. 9735, the La
Costa Master Plan as adopted by Ordinance No. 9570, and the Hosp
Grove Master Plan as adopted by Ordinance No. 9694, are amended
to apply the residential density ranges established by the
General Plan Amendment adopted by the City Council on December
17, 1985 as follows: RL 0 - 1.5 dwelling units/acre, RLM 0 - 4
dwelling units/acre, RM 4 - 8 dwelling units/acre, RMH 8 - 15
dwelling units/acre, RH 15 - 23 dwelling units/acre.
(b) Residential developments within each master plan
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 development
permit process whereby a minimum density is guaranteed, the
density is reduced so that the guaranteed density maintains the
same relationship to the density range established by this
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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 the
range. The Planning Commission or the City Council, whichever is
the final discretionary body for a project, may allow a project
to be built at a density greater than the minimum if it finds
that a greater density is justified under the provisions of the
Master Plan.
(d) Whenever a master plan establishes a specific number
of dwelling units which may be built in a portion or portions of
the master plan and the specific number exceeds the midpoint
density of the range established by this ordinance that number
shall be reduced, if necessary, to correspond to a number which
is the midpoint of the density range established by this
ordinance unless the Planning Commission or City. Council,
whichever is the final discretionary body finds that a greater
density is justified under the provisions of the Master Plan, but
in no event shall the top of the density range established by
this ordinance be exceeded.
(e) Projects which have received final discretionary
approval under a master plan prior to the effective date of this
ordinance, may obtain a final map without complying with this
section for a period of two years from the date of the tenative
map approval. Any time during which approval of the final map is
prohibited by Ordinance No. 9791, or any other growth management
ordinance shall be added to the two year period. Upon expiration
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of the tentative map, the standards of this ordinance shall apply
to the property.
(f) Projects with all discretionary approvals under the
provisions of a master plan and with a final map approved prior
to the effective date of this ordinance or approved pursuant to
Subsection (e), or for which a subdivision map is not required,
may obtain building permits without complying with this section
for a period of two years from the effective date of this
ordinance. Once building permits are obtained, construction must
be diligently pursued to completion or the provisions of this
section will apply. Upon expiration of the two year period or
the building permits, the standards of this ordinance shall apply
to the property.
SECTION 2: (a) Notwithstanding anything to the contrary
in any of the master plans identified in Section 1 of this
ordinance, residential density shall be determined based on the
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 Carlsbad
Municipal Code.
(b) The provisions of this section shall
apply to projects in the same manner and subject to the same
limitations as set forth in Section l(b) and (e) of this
ordinance.
SECTION 3: The City Council finds that application of
the density range and open space regulations as stated in this
ordinance are necessary for the following reasons:
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(a) Since January 1985, the City of Carlsbad has been
undertaking a comprehensive review of theLand Use Element of its General Plan. As part of that review a Council appointed
Citizens Committee prepared a comprehensive report and
recommendation to the City Council. That report was subject to public hearings by both the Planning Commission and City Council. Included in the recommendations of the Land Use Committee, were
recommendat ions concerning development on open space and slope areas.
(b) On August 6, 1985, the City Council adopted Interim Ordinance No. 9766, imposing certain temporary land use controls
on property within the city, consistent with the recommendation
of the Citizens Committee which reviewed the Land Use Element. On September 3, 1985, the City Council adopted Interim Ordinance
No. 9771 which extended the restrictions of Ordinance No. 9766 until July 20, 1986. On December 10, 1985, the City Council approved in concept several land use proposals not contained in
the Citizens Committee report. The Council finds that it is
necessay to amend the Land Use Element of the General Plan and appropriate sections of Title 21 of the Carlsbad Municipal Code
to impelement the Open Space policies previously approved by the Council.
(c) This action of the City Council is consistent with
long standing policies and objectives of the City to protect significant open space areas within Carlsbad to enhance the
environment of the City by protecting those significant open
space areas and to improve the quality of life within the City by ensuring that a sufficient balance between open space and developed areas continues to exist within the City. This action
will protect the public health, safety and welfare of the
citizens of Carlsbad by preserving significant environmental
features and by preserving natural and manmade open space buffers
between and within urbanized areas of the City. Further, protection of open space areas will ensure both passive and
active recreational opportunities for the citizens of Carlsbad.
This action will also protect the rights of property owners by
clearly delineating those properties which are not developable,
allowing the property owner a better opportunity to assess the development potential of their property. This action will also result in more accurate density calculations since nondevelopable
open space areas may not be included in density calculations.
(d) This action is consistent with the City's policy to
provide housing opportunities for all economic sectors of the community, because sufficient opportunities for new housing continue to exist within the City even though the absolute number
of housing units which may ultimately be constructed will be
reduced. Reduction of residential densities and protection of open space will ensure the quality of life and the environment
within the City of Carlsbad. In addition, development of housing
for low and moderate income persons and families would most
likely occur in areas of the City already designated for higher density residential development. These areas will be affected by
this action only to a limited extent.
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(e) The Council determines that there is no reason to
treat undeveloped areas of existing master plan communities any differently than undeveloped areas within the remainder of the City. All of the existing master plans acknowledge that the City
has the right and the obligation to amend the Master Plan to
address change circumstances within the community. Application
of the density range and open space regulations as stated in this action are necessary to protect the public health, safety and welfare by assuring that public facilities which have been required for Master Plan areas, will be sufficient to serve residents in the master plan area and the surrounding community
and by ensuring that the quality of life and of the environment in the Master Plan area and the surrounding community will be
protected. This action will not affect areas of the Master Plan
for whch development rights have already vested. the Master Plans affected by this action specifically recognize that development of one portion of the Master Plan does not vest development rights to the remainder of the Master Plan. The City
Council has been presented with no evidence that this action will unconstitutionally deny any master plan developer of any property right.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and 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 27th day of May I
1985, and thereafter ...
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 3rd day of June , 1985 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin and Pettine
NOES: Council Members Casler and Chick
ABSENT: None
E MARY H CASLER, Mayor
ATTEST:
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ORDINANCE NO. 9795
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.53
OF THE CARLSRAD MUNICIPAL CODE BY THE ADDITION OF
SECTIONS 21.53.230 AND 21.53.240 TO RESTRICT DEVELOPMENT
ON CERTAIN OPEN SPACE AREAS IDENTIFIED IN THE GENERAL
PLAN AND TO EXCLUDE CONSIDERATION OF OPEN SPACE LAND
FROM DENSITY CALCULATIONS.
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.53 of the Carlsbad
Municipal Code is amended by the addition of Section 21.53.230 to
read as follows:
21.53.230 Residential Density Calculations, Residential
Development Restrictions on Open Space and Environmentally
Sensitive Lands. (a) For the purposes of Title 20 and Title 21 of this
code, residential density- shall be determined based on the number
of dwelling units per developable acre of property.
undevelopable and shall be excluded from density calculations: (b) The following lands are considered to be
( 1) beaches
(2) permanent bodies of water (3) floodways
(4) slopes with an inclination of greater than 40%
(5) significant wetlands
(6) significant riparian or woodland habitats (7) land subject to major power transmission
(8) land upon which other significant
or more
easements
environmental features as determined by the environmental review
process for a project are located
(9) railroad track beds (c) No residential development shall occur on any
property listed in Subsection (b). Subject to the provisions of
Chapter 21.31 and 21.33, 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. The
Planning Commission or City Council, whichever the final
discretionary body for a residential development may permit accessory facilities, including but not limited to, recreational facilities, view areas, and vehicular parking areas, to be
located in floodplains (subject to Chapter 21.31) and on land subject to major power transmission easements.
inclination of 25 to 40 percent inclusive shall be designed to
(d) Residential development on slopes with an
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minimize the amount of grading necessary to accommodate the project. For projects within the coastal zone, the gradina provisions of the Carlsbad Local Coastal program shall apply.
approvals under the provisions of Title's 20 and 21 prior to the effective date of this ordinance may obtain a final map without complying with this section for a period of two years from the date of the tentative map approval. Any time durinq which approval of the final map is prohibited by Ordinance No. 9791 or any other qrowth management ordinance, shall be added to the two year period. Upon expiration of the tentative map, the standards of this ordinance shall apply to the property.
the provisions of Title's 20 and 21 and with a final map approved prior to the effective date of this ordinance or approved pursuant to Subsection (e), or for which a subdivision map is not
rewired, may obtain building permits without complying with this section for a period of two years from the effective date of this
ordinance. Once building permits are obtained, construction must
be diligently pursued to completion or the provisions of this section will apply. Upon expiration of the two year period or
the building permits, the standards of this ordinance shall apply
to the property.
(e) Projects which have received all discretionary
(f) Projects with all discretionary approvals under
SECTION 2: That Title 21, Chapter 21.53 of the Carlsbad
Municipal Code is amended by the addition of Section 21.53.240 to
read as follows:
21.53.240 Non-residential development restrictions on
Non-residential development shall be designed to avoid Open Space and Environmentally Sensitive Lands.
development on lands identified in Section 21.53.230.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and 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 27th day of May ?
1986, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 3rd day of June , 1986 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin and Pettine
NOES : Council Members Casler and Chick
ABSENT: None
+dG< MARY H., CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City C# rk
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MAY 20, 1986
TO: FRANK ALESHIRE, CITY MANAGER
FROM: Planning Director
MASTER PLAN DENSITY RANGES AND DENSITY CALCULATIONS FOR OPEN SPACE
On February 11, 1986, the City Council considered a request to amend the Zoning Code, the General Plan and existing approved Master P1 ans to accompl i sh the foll owing:
1) Application of the recently revised density ranges to Master Plans; and
2) Not allowing identified open space to be used to calculate permitted residential density.
The Council action at that time was as follows:
1) Refer the ordinance amending the Master Plans back to staff for additional information on the "grandfather provision" contained in the ordinance. This provision would have exempted for 2 year projects which had a1 ready received all their discretionary approvals. The City Council wanted to know the impact of this e xempt i o n .
2) Refer the Zoning Ordinance Amendment regarding open space back to staff and the Planning Commission for additional information and a supplementary report. The information from staff was again to address the impact of the "grandfather provision" which was also being recommended in this ordinance. The supplementary report from the Planning Commission was to address the four additional categories of open space that the Commission was recommending to be excluded from permitted density calculations. Staff was originally recommending eight open space categories that could not be used in density calculations. The Planning Commission recommended including four additional items which were:
A) Only 50% credit for slopes with an inclination of 25% to 40%.
9) Only 50% credit for future primary and major arterials as shown on the Circulation Element.
C) Land already designated as open space on the General Plan Land Use Element Map.
D) Railroad track beds.
The City Council requested a report and supplementary recommendation from the Commission regarding the impact that these items would have on density reductions in the City.
3) The City Council approved the General Plan Amendment which excluded from density calculations the eight categories of open space originally recommended by staff.
I. Additional Open Space Categories
Regarding the density reduction impacts of the four additional categories of open space to be excluded from permitted calculations, the attached supplementary staff report to the Planning Commission dated April 23, 1986 describes the impact. The 25%-40% slope restriction would result in an overall City
buildout reduction of approximately 2137 dwelling units. This equates to an approximate population projection reduction of 5,300 persons. This does not appear to be as significant City wide as staff originally assumed but it should be noted that the impact would affect certain individual properties much more significantly than others (i .e, HPI property, Carrillo Ranch Master P1 an).
The restriction which would permit only 50% credit for primary and major arterials would result in an overall buildout reduction of approximately 376 dwelling units or 932 persons.
Railroad track beds have never been included in density projections so there is no impact associated with this.
It was not possible for staff to isolate and analyze the separate impact of not allowing credit for any area shown on the General Plan Land Use Map as open space forhe reasons contained in the supplementary staff report. Most of these areas are already excluded. The additional areas are negotiated at the time of master plan approval.
A1 though the Planning Commission previously voted unanimously (7-0) to include these four additional open space categories, upon reviewing the supplementary information, the Commission's recommendation and vote was as follows:
1) 25%-40% slopes - Deferred opinion until Hillside Ordinance completed (June 1986) - Vote 6-0
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3) Railroad track beds - Recommended no credit -
Primary ai- major arterials - Split u e 3-3 - NO . , recommendazion
Vote 6-0
4) 50% credit for any open space shown on Land Use Map -
Based on these recommendations, the Ordinance (ZCA-190) before the City Council has been revised to include railroad track beds.
If the Council determines to add any of the 3 other items, the
Ordinance should be modified accordingly.
Split vote 3-3 - no recommendation
11. Master Plan Density Ranges - Impact of Grandfather
There are nine projects (1977 residential units) located in existing Master Plan areas which have already received all their discretionary approvals. Staff analyzed the impact that the new
density ranges would have on these approved projects and all of the projects would still be within the revised and reduced density ranges. Although a couple of the projects would be
closer to the higher end of the density range, exempting the projects would not result in any exceeding the new range.
Provision
111. Density Calculations for Designated Open Space - Impact of
Grandfather Provision
There are ten projects (approximately 2586 units) which have
received their discretionary approvals but have not yet been constructed which would be impacted by the ordinance not allowing certain designated open space areas (i.e, 25-40%
slope, riparian area, power line easements) to be used to
calculate density. Again, however, it appears that the projects
would sti 11 fa1 1 wi thi n the new1 y-revi sed densi ty ranges
although it would move a couple of projects very close to the
higher end of the density range. Fortunate1 y, staff's anal ysi s
indicated that most of the areas in the City that would be
restricted by the new open space density calculations are still
vacant or only have pending projects proposed on them. These
areas will be required to comply with the open space restrictions and, therefore, the ordinance will have an impact
on future projects proFosed in the City.
staff can support the grandfather provision" which exempts
previously approved projects for a period of two years. It
should be noted that the Ordinance as proposed does not allow
for any requests for extension of the two year period for
commencing construction.
For these reasons,
MICHAEL J. HO'CZMILLER
MJH/ar
Attachment: Supplementary Staff Report to the Planning Commission dated April 23, 1986
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DATE :
TO :
FROM :
SUBJECT :
I.
STAFF REPORT
APRIL 23, 1986
PLANNING COMMISSION
PLANNING DEPARTMENT
SUPPLEMENTAL REPORT ON ZCA-190 - Excluding nondevelopable open space lands from being used for density calculations.
RECOMMENDATION
Based upon a review of the information provided in this report, the Planning Commission should decide whether it wishes to endorse or modify its previous recommendation to the City
Council.
I1 . DISCUSSION
On January 22, 1986, the Planning Commission considered Zone Code Amendment 190 which was a proposal to exclude certain designated open space areas from being used to calculate residential density. Staff was recommending eight items to be excluded from density calculations (copy of staff report attached). The Planning Commission recommended unanimously that four additional items be excluded. The additions were as follows:
1) Fifty percent credit for slopes with an inclination of
25% to 40%
2) Fifty percent credit for future primary and major arterials as shown on the Circulation Element
3) No credit for railroad track beds
4) No credit for land already designated as open space on
the General Plan Land Use Element Map.
The Planning Commission recommendation was considered by the
City Council on February 11 , 1986. The Council approved the eight items originally recommended but referred the four additional items back to the Planning Commission for a
supplementary report on the impact that these items would have
in terms of density reductions in the City.
.
staff has analyzed the impact as follows:
1) 25% to 40% slopes - A recent study completed by the
City's Research and Analysis Group indicated that there are approximately 1,275 acres in the City that are residentially designated and have 25% to 40% slopes. By dividing these acres into the different density
ranges, it was determined that allowing only 50% credit for the areas would result in an overall buildout
reduction in the City of 2137 dwelling units. This equates to an approximate estimated population
projection reduction of 5,300 persons.
2) Future primary and major arterials - In order to
analyze this item, staff determined the primary and
major street segments which have not yet been constructed or are not yet planned to be constructed as part of a previously-approved project. These street segments were then assigned to the corresponding, adjoining density range to determine the impact of allowing only 50% density credit. The result was an
overall, buildout reduction of approximately 376 dwelling units. This item does not appear to be significant and equates to an estimated population reduction of 932 persons.
3) Railroad Track beds - There would be no impact in adding this item since this area has never been included in residential density projections. The tracks are not
designated for any land use and are owned by the
railroad. Therefore, no private developer could request
to use the area for density credit.
4) Land already designated for open space on the land use element map - This item is very difficult to analyze. Many of the open space areas that are already not permitted to be used for density calculations comprise a major portion of these areas (i.e. lagoons, wetlands,
steep slopes). However, when staff is working with an
applicant for a project especially a master plan, staff
attempts to enlarge and expand the size of the open
space area when it is deemed beneficial. Examples would
be trying to preserve a whole canyon area rather than just the steep slopes, trying to provide a greenbelt linkage between separate open space areas, or trying to provide an additional buffer area around an
undevelopable open space area. These additional or
expanded areas are then shown on the Land Use Map after the Master Plan is approved. It would be very difficult
for staff to determine what the impact would be of not
allowing these additional, "negotiated" open space areas
to be used to calculate density since they are
negotiated and determined when the master plan is
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approved. The portions of open space that are shown on
the Land Use Map and which fall into one of the categories already excluded from density calculations,
would not be affected if this fourth item is not
included. Staff believes that including this item could
be detrimental to the planning process for master plans since it would be difficult to ask an applicant to
expand, enlarge or include an otherwise developable area
into the open space plan if then, density credit was
also taken away.
ATTACHMENTS
1) Staff Report
2) Planning Commission Resolution No. 2534 with attached
3) City Council Agenda Bill
4) City Council Minutes of February 11, 1986
recommended City Council Ordinance
MJH:bn
4/15/86
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4 CIT OF CARLSBAD - AGEND BILL
4B# 85/4
HTG. 2/11/86
1EPT.pr.N
TITLE: MASTER PLAN DENSITY RANGES AND
DENSITY CALCULATIONS FOR OPEN SPACE -
ZCA-lgO/GPA/LU 86-1/AMENDMENT TO MP-I, 139, 149, 174 ti 175. CITY MGR.&
RECOMMENDED ACTION:
It is recommended that the City Council 1) Introduce Ordinance
No. 9793' , applying the new density ranges to existing Master
Plans; 2) Introduce Ordinance No. 979~~ , amending the Zoning Code to restrict development on certain open space areas and to exclude them from density calculations; and 3) Direct the City Attorney's Office to prepare documents APPROVING GPA/LU 86-1 to add wording to the text of the Land Use Element regarding open space areas.
ITEM EXPLANATION
This item is a request to amend the Zoning Ordinance, the General Plan and existing, approved Master Plans to accomplish the following:
1) Application of the newly revised density ranges to Master 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 7-0 to approve these items. The Commission did include four additions to the types of property which would be excluded from density
calculations. The additions are as follows:
1) Only 50% credit for slopes with an inclination of 25% to
40% (slopes over 40% are already entirely excluded from
density calculations).
2) Only 50% credit for future primary and major arterials as
shown on the Circulation Element (existing roads are
already entirely excluded from density calculations).
3) Land already designated as open space on the General Plan Land Use Element Map.
4) Railroad track beds.
For additional background information on this item, please refer to
the staff report to the Planning Commission dated January 23, 1986.
Page 2 of Agenda Bill No. ?SI 6
EXHIBITS
1. City Council Ordinance Nos. 979y and 979x
2. Exhibit "A" - GPA/LU 86-1 (Wording to be added to the text of the Land Use Element)
3. Planning Commission Resolution Nos. 2534, 2535 and 2536
4. Staff Report dated January 22, 1986
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to t
9794 I ORDINANCE NO.
does ordain as follows:
SECTION 1: (a) That the Batiquitos Laqoon Educational
Park Master Plan as adopted by Ordinance No. 9778, the Rancho
Carillo Master Plan as adopted by Ordinance No, 9706, the
Calavera Hills Master Plan as adopted by Ordinance No. 9708, the
Kelly Ranch Master Plan as adopted by Ordinance No. 9735, the La
Costa Master Plan as adopted by Ordinance No. 9570, and the Hosp
Grove Master Plan as adopted by Ordinance No. 9694, are amended
to apply the residential density ranges established by the
General Plan Amendment adopted by the City Council on December
17, 1985 as follows: RL 0 - 1.5 dwelling units/acre, RLM 0 - 4
dwelling units/acre, RM 4 - 8 dwelling units/acre, RMH 8 - 15
1 dwelling units/acre, RH 15 - 23 dwelling units/acre.
(b) Residential developments within each master plan
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 development
permit process whereby a minimum density is guaranteed, the
density is reduced so that the guaranteed density maintains the
same relationship to the density range established by this
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING ORDINANCE NO. 9778, 9708,
9706, 9735, 9570 AND 9694 TO APPLY THE LAND USE ELEMENT DENSITY RANGES AS ADOPTED ON DECEMBER 17, 1985 AND NEW
OPEN SPACE PROTECTION MEASURES TO EXISTING MASTER PLANS WITHIN THE CITY OF CARLSBAD
The City Council of the City of Carlsbad, California
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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 the
range, The Planning Commission or the City Council, whichever is
the final discretionary body for a project, may allow a project
to be built at a density qreater than the minimum if it finds
that a greater density is justified under the provisions of the
Master Plan.
(d) Whenever a master plan establishes a specific number
of dwelling units which may be built in a portion or portions of
the master plan and the specific number exceeds the midpoint
density of the range established by this ordinance that number
shall be reduced, if necessary, to correspond to a number which
is the midpoint of the density range established by this
ordinance unless the Planning Commission or City Council,
whichever is the final discretionary body finds that a qreater
density is justified under the provisions of the Master Plan, but
in no event shall the top of the density range established by
this ordinance be exceeded.
(e) For projects which received final discretionary
approval under the master plan prior to the effective date of
this ordinance, but for a final map or building permits have not
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
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building permits are not obtained within that period, the
development permit issued under the
Master Plan shall be invalid and the density ranges established
by this ordinance shall apply to such projects.
SECTION 2: (a) Notwithstanding anything to the contrary
in any of the master plans identified in Section 1 of this
ordinance, residential density shall be determined based on the
number of dwellinq 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 Carlsbad
Municipal Code.
(b) The provisions of this section shall
apply to projects in the same manner and subject to the same
limitations as set forth in Section l(b) and (e) of this
ordinance.
SECTION 3: The City Council finds that application of
the density ranqe and open space regulations as stated in this
ordinance is necessary to protect the public health, safety and
welfare by assuring that public facilities which have been
required for the master planned areas will be sufficient to serve
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 surrounding community
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 shall be effective
thirty days after its adoption, and City Clerk shall certify to
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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 day of I
1985, and thereafter
PASSED AND ADOPTED at a regular 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 )
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ORDINANCE NO. 9795
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 ADDITION OF SECTIONS 21.44.230 AND 21.44.240 TO RESTRICT DEVELOPMENT ON CERTAIN OPEN SPACE AREAS IDENTIFIED IN THE GENERAL PLAN AND TO EXCLUDE CONSIDERATION OF OPEN SPACE LAND FROM DENSITY CALCULATIONS.
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.44 of the Carlsbad
Municipal Code is amended by the addition of Section 21.44.230 to
read as follows:
21.44.230 Residential Density Calculations, Residential Development Restrictions on Open Space and Environmentally Sensitive Lands.
(a) For the purposes of Title 20 and Title 21 of this
code, residential density shall be determined based on the number of dwelling units per developable acre of property.
undevelopable and shall be excluded from density calculations: (b) The following lands are considered to be
(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
(8) land upon which other significant
(9) land designated as open space on the General
or more
eas eme n t s
environmental features as determined by the environmental review
process for a project are located.
Plan Land Use Element Map. (c) Fifty percent of the following lands shall be
excluded from density calculations:
(1) Slopes with an inclination of 25% to 40%
inclusive.
(2) Future major and prime arterials as shown in
the Circulation Element of the General Plan (existinq roads are completely excluded from density calculations). (d) Railroad track beds shall be excluded from density
calculations. (e) No residential development shall occur on any property listed in Subsection (a). Subject to the provisions of
Chapter 21.31 and 21.33, the City Council may permit limited
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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, recreational facilities, view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 21.31 ) and on land
subject to major power transmission easements.
inclination of 25 to 40 percent inclusive shall be designed to minimize the amount of grading necessary to accommodate the project. For projects within the coastal zone, the grading provisions of the Carlsbad Local Coastal program shall apply. (9) For projects which received final discretionary approval under the provisions of Title 20 or 21 prior to the effective date of the ordinance but for which a final map or building permits have not been issued, the owner shall have two years from the date of the final discretionary approval to obtain a final map and building permits and commence construction. If a final map and buildinq permit are not obtained within that period, or for which construction is not diligently processed? those projects shall be subject to the provisions of this
sect ion.
(f) Residential development on slopes with an
SECTION 2: That Title 21 Chapter 21.44 of the Carlsbad
Municipal Code is amended by the addition of Section 21.44.240 to
read as follows:
Open Space and Environmentally Sensitive Lands.
development on lands identified in Section 21 .44.230.
21.44.240 Non-residential development restrictions on
Non-residential development shall be designed to avoid
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of ?
1986, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1986 by the
following vote, to wit:
AYES :
NOES :
ABSENT :
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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GPA/LU 86-1
EXHIBIT "A"
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
(9)
density calculations. beaches permanent bodies of water floodplains slopes with an inclination of greater than 40% significant wetlands significant riparian woodland habitats
land subject to major power transmission easevents
land upon which other significant environmental features as determined by the environmental review process for a project are located. 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.
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PLANNING COMMISSION RESOLUTION NO. 2534
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA,,RECOMMENDING APPROVAL OF A ZONE CODE
AMENDMENT, AMENDING TITLE 21 8 CHAPTER 21 0441 OF THE
CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SECTIONS
21 -44.230 AND 21.44.240 TO RESTRICT DEVELOPMENT ON CERTAIN
OPEN SPACE AND ENVIRONMENTALLY SENSITIVE AREAS IDENTIFIED
IN THE GENERAL PLAN AND TO EXCLUDE CONSIDERATION OF OPEN
SPACE LANDS FROM DENSITY CALCULATIONS. APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-190
WHEREAS, the Planning Commission did, on the 22nd day of
January, 1986, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitation are true and correct.
€3) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of ZCA-190, according to
Exhibit nA", dated January 14, 1986 attached hereto and made a
part hereof, based on the following findings:
F ind ing s :
1) This Zone Code Amendment will result in better protection of Open Space areas in the City.
2) This amendment will protect the health, safety and welfare of
the citizens because it helps preserve significant environment
features which the citizens desire to have protected. The amendment is, therefore, consistent with the Open Space and Conservation Elements of the General Plan.
3) This amendment will result in more accurate calculations of
density since nondevelopable areas will not be included.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 22nd day of January, 1986, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: Marcus, McFadden, McRane, Smith, Holmes t Hall.
NOES : None .
ABSENT: None.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RES0 NO. 2534 -2-
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EXHIBIT 'A"
JANUARY 14,1986
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 DEVELOPMENT ON CERTAIN OPEN SPACE AREAS IDENTIFIED IN THE GENERAL PLAN AND TO EXCLUDE CONSIDERATION OF OPEN SPACE LAND FROM DENSITY CALCULATIONS.
CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21 -44
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.44 of the Carlsbad
Municipal Code is amended by the addition of Section 21.44.230 to
read as follows:
21.44.230 Residential Density Calculations, Residential
(a) For the purposes of Title 20 and Title 21 of this
(b) The following lands are considered to be
Development Restrictions on Open Space and Environmentally
Sensitive Lands.
code, residential density shall be determined based on the number of dwelling units per developable acre of property.
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
(8) land upon which other significant
(9) land designated as open space on the General
or more
e as emen t s
environmental, features as determined by the environmental review process for a project are located.
Plan- Land Use Element Map. (c) Fifty percent of the following lands shall be excluded from density calculations: (1) Slopes with an inclination of 25% to 40%
inclusive.
(2) Future major and prime arterials as shown in the Circulation Element of the General Plan (existinq roads are completely excluded from density calculations). (d) Railroad track beds shall be excluded from density calculations. (e) No residential. development shall accut.rn'any. . property listed in Subsection (a). Subject to the provisions of
Chapter 21.31 and 21.33, the City Council may permit limited
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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, recreational facilities, view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 21.31) and on land subject to major power transmission easements.
inclination of 25 to 40 percent inclusive shall be designed to minimize the amount of grading necessary to accommodate the project. For projects within the coastal zone, the grading provisions of the Carlsbad Local Coastal program shall apply. (9) For projects which received final discretionary approval under the provisions of Title 20 or 21 prior to the effective date of the ordinance but for which a final map or building permits have not been issued, the Owner shall have two years from the date of the final discretionary approval to obtain a final map and building permits and commence construction. If a final map and building pedt are nat obtained within that period, or for which construction is not diligently processed, those projects shall be subject to the provisions of this sect ion .
(f) Residential development on slopes with an
SECTION 2: That Title 21, Chapter 21.44 of the Carlsbad
Municipal Code is ,amended by the addition of Section 21.44.240 to
read as follows:
Open Space and Environmentally Sensitive Lands.
development on lands identified in Section 21.44.230.
21.44.240 Non-residential development restrictions on
Non-residential development shall be designed to avoid
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and City Clerk shall certify to
the. adoption of this .ordinance and cause it to .be published at
least once in the Carlsbad Journal within fifteen days after its
adopt ion .
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of I
1986, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1986 by the
following vote, to wit:
AYES:
NOES :
ABSENT :
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENRRANZ, City Clerk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 2535 '
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE TEXT OF THE LAND USE ELEMENT OF THE
GENERAL PLAN BY THE ADDITION OF WORDING To RESTRICT
DEVELOPMENT ON CERTAIN OPEN SPACE AREAS AND TO EXCLUDE
CALCULATIONS.
APPLICANT: CITY OF CARLSBAD
CASE NO.: GPA/LU 86-1
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I CONSIDERATION OF OPEN SPACE LAND FROM DENSITY I
WHEREAS, a verified application for an amendment to the
General Plan Land Use Element Text as shown on Exhibit "A", dated
January 22, 1986, attached and incorporated herein, has been filed
with the Planning Commission; and
WHEREAS, said verified application constitutes a request
for amendment as provided in Title 21 of the Carlsbad Municipal
I I Code; and 1
WHEREAS, the Planning Commission did, on the 22nd day of 1
January, 1986, hold a duly noticed public hearing as prescribed by I
j law to consider said request;
I 1 WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons I
desiring to be heard, said Commission considered all factors
relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
I A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL GPA/LU 86-1, based on the I
following findings:
Findings :
1) This General Plan Amendment will result in better protection
of Open Space areas in the City.
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2) This amendment will protect the health, safety and welfare of
the citizens because it helps preserve significant environment features which the citizens desire to have protected. The
amendment is, therefore, consistent with the Open Space and
Conservation Elements of the General Plan.
3) This amendment will result in more accurate calculations of
density since nondevelopable areas will not be included.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 22nd day of January, 1986, by the following vote, to wit:
AYES:. Chairman Schlehuber, Commissioners: McBane,
Marcus, McFadden, Smith, Holmes & Hall.
NOES : None.
ABSENT : None.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RES0 NO. 2535 - 2-
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EXHIBIT "A" JANUARY 14,1986
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. beaches permanent bodies of water floodplains slopes with an inclination of greater than 40% significant wetlands
significant riparian woodland habitats land subject to major power transmission easevents land upon which other significant environmental features as determined by the environmental review process for a project are located. 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 considerinq the property as a whole the.. prohibition against. development would constitute an
unconstitutiona1,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).
Develapment.,,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.
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I
PLANNING COMMISSION RESOLUTION NO. 2536 1 I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A AMENDMENT
TO EXISTING MASTER PLANS To APPLY NEW REVISED DENSITY RANGES . I
APPLICANT: CITY OF CARLSBAD
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CASE NO.: AMENDMENT OF MP-1, MP-139, MP-149, MP-150, ~
MP-174 AND 175
WHEREAS, a verified application for an amendment to
?xisting Master Plans in the City has been filed with the City of
Zarlsbad, and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 22nd day of
January, 1986, 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
lesiring to be heard, said Commission considered all factors
relating to the Master Plan Amendments; and
NOW, THEREFORE, RE IT HEREBY RESOLVED by the Planning
:ommission as follows:
1) That the above recitations are true and correct.
3) That based on the evidence presented at the public hearing, the' Commission recommends APPROVAL of the Amendment to the Master
Plans according to Exhibit "A", dated January 22, 1986 attached. hereto and made a part hereof, based on the following
findings:
Findings:
I) This amendment will result in the same density ranges being
applied to all areas of the City.
2) This amendment will help to ensure that adequate public
facilities and services will be provided in all areas of the
City.
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3) This amendment will still allow for a variety of housing types and
the
p1 anning
the 22nd
ATTEST:
densities and, therefore, is consistent with the goals of Housing Element of the General Plan.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on
day of January, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Smith, Holmes & Hall.
NOES : None .
ABSENT : None .
ABSTAIN: None .
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
MICHAEL J, HOLZMILLER
PLANNING DIRECTOR
PC RES0 NO. 2536 -2-
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ORDINANCE NO.
EXHJBIT 'A'
JANUARY 14,191
AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING ORDINANCE NO. 9778, 9708,
9706, 9735, 9570 AND 9694 TO APPLY THE LAND USE ELEMENT DENSITY RANGES AS ADOPTED ON DECEMBER 17, 1985 AND NEW OPEN SPACE PROTECTION MEASURES TO EXISTING MASTER PLANS WITHIN THE CITY OF CARLSBAD
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The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: (a) That the Batiquitos Lagoon Educational
Park Master Plan as adopted by Ordinance No. 9778, the Rancho
Carillo Master Plan as adopted by Ordinance No. 9706, the
Calavera Hills Master Plan as adopted by Ordinance No. 97U8, the
Kelly Ranch Master Plan as adopted by Ordinance No. 9735, the La
Costa Master Plan as adopted by Ordinance No. 9570, and the Hosp
Grove Master Plan as adopted by Ordinance No. 9694, are amended
to apply the residential density ranges established by the
General Plan Amendment adopted by the City Council on December
17, 1985 as follows: RL 0 - 1.5 dwelling units/acre, RLM 0 - 4
dwelling units/acre, RM 4 - 8 dwelling units/acre, RMH 8 - 15
dwelling units/acre, RH 15 - 23 dwelling units/acre.
.o '. 1-b) Residential developments within each master plan
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 development
permit process whereby a minimum density is guaranteed, the
density is reduced so that- the. guaranteed density.-mainta.hs the-
same relationship to the density range established by this
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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 the
range. The Planning Commission or the City Council, whichever is
the final discretionary body for a project, may allow a project
to be built at a density qreater than the minimum if it finds
that a greater density is justified under the provisions of the
Master Plan.
(d) Whenever a master plan establishes a specific number
of dwelling units which may be built in a portion or portions of
the master plan and the specific number exceeds the midpoint
density. of *the range established by this ordinance that number
shall be reduced, if necessary, to correspond to a number which
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 qreater
density is justified under the provisions of the Master Plan, but
in no event shall the top of the density range established by
this ordinance be exceeded.
(e) For projects which receives. final dbcretionary
approval under the master plan prior to the effective date of
this ordinance, but for a final map or building permits have not
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;finaI map and:.buLld-hrg ’
permits, and to commence construction. If the final map and
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building permits are not obtained within that period, the
development permit issued under the
Master Plan shall be invalid and the density ranges established
by this ordinance shall apply to such projects.
SECTION 2: (a) Notwithstanding anything to the contrary
in any of the master plans identified in Section 1 of this
ordinance, residential density shall be determined based on the
number of dwellinq 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 Carlsbad
Municipal Code.
(b) The provisions of this section shall
apply to projects in the same manner and subject to the same
1imitations.as set forth in Section l(b) and (e) of this
ordinance.
SECTION 3: The City Council finds that application of
the density range and open space regulations as stated in.this
ordinance.. is necessary to protect the public health, safety and
welfare by assuring that public facilities which have been
I
required for the master planned areas will be sufficient to serve
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 community
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 ~rdiM~~~..shaU.. be .&fective
thirty days after its adoption, and City Clerk shall certify to
-3- 37
5
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7
a
9
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11
12
13
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17
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20
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the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
1 its adoption.
I INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of I
1985, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1985 by the
followinq vote, to wit:
AYES :
NOES :
ABSENT :
A~EST :
MARY H. CASLER, Mayor
ALETHA L. RAUTENKRANZ, City Clerk
(Seal )
I. . '
-4-
STAFF REPORT
DATE :
TO:
FROM :
SUBJECT :
I.
That the and 2536
JANUARY 22, 1986
PLANNING COMMISSION
PLANNING DEPARTMENT
ZCA-lSO/GPA/LU 86-1, AMENDMENT OF MASTER PLAN NOS. 1, 139 , 149 I 150 I 174 and 175 - CITY OF CARLSBAD - 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.
RECOMMENDATION
Planninq Commission ADOPT Resolution Nos. 2434. 2535. recommending APPROVATZCA-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 Master Plans; and
2) Not allowing identified Open Space to be used to 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 "Yo' 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 "2" ) .
The proposal now before the Commission would implement the City Council's action by approving an amendment to all the existing Master Plans to apply the new density ranges and approving a Zone 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
.I .I - . ... . . . ...
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 different 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 amendments 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 "Y*
3) Exhibit "Z"
MJB : bn
1/16/86
-2-
Y2
* Achieve a variety a& ChaiCe of houeimg in all econtmic rangem throughout ths city.
Offer safe, helpful, attractive residential aream vith a wide range of ding t-8 stylu and pda levelm in a variety of locatioas. (20-4-0)
3. The Citizens Committee recommends that the following
implementation program be incorporated into the Land Use Element:
* The City Council dire thm Plannhg Staff to review arid maku recmmedationm for tho p\upol.ea of increasing tho par- reqdraentm for future apartment units and to catinue wia a periodic revieu every two year.. (Zs-0-0)
SPECIAL TREATMENT AREA
The CitFZrns CklmitteeI recxmnetrds that 'the beaa - ara. ie-, that area boundad by the railroad traekm om ths eamt. Pacific Ocean on the west. city limits om thm north. and Agua Hedionda Lagoon on the (100th. ba duignated a Spacial Treatment Area and be conaidered for Redevelopamnt assistance: excluding
the present Redevelopment Area d open space zomm where they
coincide. (18-6-0)
ARCHITECrURAL REVIEW
The Citizens Cormittee recommends that the. following
implementation program '08 incorporated into the Land Use
Element:
A city wide architectural review board be implemented aa part of the capatibiliw teq~irementa~ The principla charge of tha camittee ir to ensura quality and integrity of derign. The second charge is to enhance the unique cham- of
each neighborM- (17-5-2)
PROCEDURAL RECOMMENDATIONS
1. R-tioocr made to thm City Council by tho
Land Use E1-t Mttn shall havu M effect
M the land uae domigpatiau sbanr on a&pted
I maetet pla~. Special attention ahauld IMB paid
by the City Council to pramenre the integrity
and intent of the adopted maator plan
docrtr+lrtr. (214)
I
L
33
Y3
p "i --
e
EXHIBIT "Y'
'41
P I
I I
0 I
5 I
B I
I
Hatpral slopes .in excess of 25% and less than 40%
shall be reviwed by staff on a case by case baris- Development and grad- ahall not be allowed to occur if significant impacts are idenufiod whitih cannot be mitigated. If grading doer occur# it muat
bo certified as to ita stability by a rqimterd soils engineer- Denmity credit eball bo allwed on
81OpeS 408 or le88 to provide staff the greatest flexibility fn determining the planniag meritm of
each application-
Bxceptionat 1- 'Pboro parwlr of 1-rn thaa 10
A-
B-
..
1- Beache8
2- Water Bodies
3- Flooaway.
4- Slopem greater than 408
S- Exi8ting public right.-of-way
6. Open space am deaignatad om tbe open space element plan-
In the intuaat of preserving cutain site featurea the follwiq areas of a remidential site - cam be used to calculate densityr
1- Significant wetlandm - af-ter this featnrm ir
the area will ba deaigpated am open spaa on the open space el-t plan-
2- Significant riparian habitat - a- thir feature ir identifiod and is urd for
designated a8 open 8pa- 011 the opsa spa- elemant plan.
idmufisb and US@ for ca1CUla- dmity.
CalCUlau d-ity. at- Will br
31
r
E
3- Major per line ea8mentu - only when enhanced and maintained a8 a passive grama
belt corridor- If denmity im calculated on this feature this area cannot be umed to meet the open space requirauents of a
project. (22-2-0) -
The city council abould bt0 di8CU88- LLpd negotiationm with other titi-8 or the county, jhsn prospective d8velopenta in their arras are incoqmtible with adjacent Carlsbad aroar. 19 rmgardr to denuity, type of -ling or a- Attention slmuld be given to tho ume of tranri-1 lyIhrdr to enmura compatibility.
( 24-0-0)
LAND USE CLASSIFICATIONS
Orruhrsem erimting -ad'- - The Citizens Committee use clas~ificationm as shwn on thm current ~rrrrral Plan-
(d-34)
RESIDENTIAL
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 houmiag typem and demity range8 to the diverse acapopic and soda1 rsquiremmnts of th, citizexuy, yet still enmure a cohesive urban form with careful regard for campatibility- (22-2-0)
2. The Citizens Committee endorses the guidelines presently contained in the existing Land Use Element which are as follows:
A major prhdpla iP allacathg r-idential land umem is to provido for a variety of wing typem and denmity rangea to meet the diverso requirment8 of the citicenry. yet still create a coharive urban form.
* Retaha tha pre8ent p- of 8-1- fey residence8 throughout tho coprmity8 WhLh providlmg
a variety of houmiq types in thm wdtiem within
apartments, hila holllsr, modular and prefabricatsb
hml8i4*
the city, ulpd- -8-e
B 32
P
c
x
..
CARLSBAD PLANNING COMMISSION
JULa 19, 1985
PAGE SIXTEEN
commissioner McFadden moved to delete exception #1 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) -- - -\ -_~ _----- Gi Rombotis moved to accept Item A on page 31. Second McFadden. ( 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.
Commissioner Rombotis moved 1, 2 and 3 of B on pages 31 and 32, as is. Second Hall (5-2 with Schlehuber and Marcus voting \ no)
Commissioner Rombotis moved 112 on top of page 32. Second
Smith. (7-0) STING MASTER PLANS
.-._ -- -
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 maps?
on density, open space, par?cs and public facilities will apply to existing Master Plans. Second Smith. (5-2 with
Marcus and Smith voting no).
ommendation on page 34. Second Hall. (3-4 with Schlehuber, McFadden, L'Heureux and Marcus voting no. )
Commissioner McFadden moved that the revised standards adopted
-_ -
Commissioner Rombotis moved to accept the Committee's rec-
c
16
May 23, 1986
Vice Mayor Claude A. Lewis
Carlsbad, CA
Dear Vice Mayor:
In your considerations of ZCA-190 at the forthcoming Council meeting of Tuesday May 27th, 1986, I would ask you to consider the following facts:
1. The Citizen's Committee recommended by a 22 to 2 vote
that Significant Wetlands (B.l. ) Riparian Habitat (B.2.)
and Major Power Line Easements (B.3.) CAN be used to calculate density .
(See attached EXHIBIT "Y" pages 31 and 32 - items B.l.*
B.2. and B.3.)
2. The Planning Commission on June 19, 1985 approved B.l., B.2., and B.3. as is.
(See EXHIBIT ''Z" attached)
3. The City Council on July 17, 1985 approved the recommendations of the Citizens Committee contained in pages 30, 31, 32 of that report.
(See EXHIBIT "X" attached)
In its present form ZCA-190 would reverse the above actions and
discard the overwhelming 22 to 2 vote of the Citizens Committee on these three items.
I request that the Council, in their considerations of ZCA-190, support the position of the Citizen's Committee on these items.
Failure to do so will leave Carlsbad criss crossed with unsightly,
untended easements, and leave staff totally without room to negotiate a comprehensive development package on many properties, and may very well leave the City without basis for imposing certain
"land use" fees, present and future, levied on a per acre basis.
In some cases it will i'ndeed possibly "constitute an unconstitutional
deprivation of property", leading to potential legal costs, all of
which can be avoided by giving staff the leeway recommended by the
Citizen' s Committee .
I am the owner of 10 acres north of Haymar Drive and South of
Marron Road; (see attached map). If you disregard the Citizen's
Committee report, I shall lose the use of approximately 60% of my
property, for which I would suffer grievous financial losses. I
shall also be expected to pay taxes, liability insurance and the
cost of brush control measures on 60% of my property which would
be rendered completely without value by any such action.
By writing this letter I also wish to preserve my legal posture as
to what may constitute a deprivation of property rights, but most
of all to appeal to you to sup ort the findings of the Citizen's
Committee which were designed 'in the interest of preserving these site features" for the future citizens of Carlsbad.
Unfortunately, I shall be out of the State on the 27th. I do
respectively request that my concerns be given every possible consideration.
Sincerely
- E'inbarr F. Whooley
FFN/sh
Enc. 4
cc: Mayor Casler, Councilwoman Kulchin, Councilman Chick,
Councilman Pettine
..
Natural slopes .in exceee of 25% and leas than 40% shall be reviwed by staff on a case by case basis. Development and grading shall nut be alloved to occur if significant impacta are identified which
cannot be mitigated- If gradhag does occur, it must be certified am to its stability by a registered soils engin-r, Density credit ehall be allwed on slopes 409 or less to provide staff the greateat flexibility in determFPLag t?m planning meritm of
each application,
woe parcels of' lea6 than 121 acres-
specific elope categoxy caarprirem an hignificant portim of the
lc .-
Erceptionnr :-
2- If the area impacted by the
-- Si-0
The following aream of a residential eite cannot
be used to calculate density:
1- Beaches
2, Water Bodies
3. Ploodvays
4- Slopem greater than 40%
5- Existing public rights-of-way
6- Open space a8 designated on the open space element plan-
In the interest of preeervhg certain site featurem the follovbg area8 of a residential site3an'be uaed to calculate density3
1, Significant wetlands - after thir feature in identified and used for calculatibg density,
the area will be designated aa open spa- on
the open space element plan-
2, Significant riparian habitat - after. thim feature is identified and ir used for
calculating density, the area will ba designated as open space on the open space element plan-
*.
31
1
Major pover line eamementa - only when
enhanced and maintained as a passive green
belt corridor. If denmity ia calculated on
thie feature this area cannot be used to
meet the open space requirements of a
project. (22-2-0) 7
adjacent Carlsbad area# in
nsgotiatione with other cities, or the C0tmty8 when prospective developmento in their area6 are incolrpatiblo with
regard8 to density, typm of dvslling or zadng- Attention should be give0 to the use of transitbnal methods to ensure compatibiuty-
( 2-1
- Th i: ity Council should enter into discussions and
LAND USE CLASSIFICATIONS
The Citizens Committee Oendorsea the elis- hod" Use classifications as shown on the current General Plan. -
( d-34)
RESIDENTIAL
1. The Citizens Committee recommends that the following be added
as an overall yoal of the existing Land Use Element:
Provide for a variety of housing types ad density rangea to meet the diverse econdc ad social requirements of the citizenry, yet still ensure a
cohesive urban form with careful regard for compatibility. (22-24)
2. The Citizens Committee endorses the guidelines presently contained in tlie existing Land Use Element which are as follows:
A major principle In allocating residential land ~6ea ie to provide for a variety of housbg types and denaity rang- to meet the diverse requirements of the citizenry, yet still create a cohesive urban
form.
* Retain the present predarFnanca of single family
residences throughout tho Caumdty8 ale providing a variety of housing types in the carrnndtiem within
apartments, mobile her, modular am3 prefabdated housing,
the city, hclud- twUIC1.
32
EXHIBIT I' 2 "
commissioner i4cFadden moved to delete exception %l on page 31
and add "in the RL zone credit for slopes up to 408 will be given for density, but cannot be built upon. Second Smith. __ - - - -. . . -- - -.. . .- (7-0) __ -- --. 7-- \ Commissioner Rombotis moved to accept Item A on page 31. Second HcFadden. (7-0) \ ! I McFadden - Signif icant 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.
Commissioner Rombotis moved 1, 2 and 3 of B on pages 31 and 32,
as 1s. -2 with SchlenuDer ana Matcu 9 voting)
Commissioner Rornbotis inoved 112 on top of page 32. Second
Smith. (7-0)
f-xzNG MASTER PLAiVS
L'Heureux - Find the languaye to be confusing. Understand 1
we grandfathering in the existing densities or existing
master plans? I I
the intention, but the wording does not come throuyh. Are \
I \fiat do we do with existing Master Plans with tentative maps? I
Commissioner McFadden moved that the revised standards adopted
on density, open space, par?cs and public facilities will 1
apply to existing Master Plans. Second Smith. Warcus and Smith voting no). ( s-2 with i __ - . --- __ - - - --
Canmissioner Rombotis moved to accept the Committee's rec- ommendation on page 34. Second Hall. (3-4 with Schlehuber, XcFadden, L' Heureux and Marcus voting no. )
i
16
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- July 17, 1985 Page 4
mticn vas rrrade to et the &nsity ranges as reccmnended by the Planning Cannissim, with the exceptfan of the Rn range, and that range to bc 4 to 8.
Ebtian failed &e to a la& of a majority.
4
t
B
Ccuncil apptwed the rr&mnendaticne of the Land Us9
31 and 32 of the Rem dated July, 1985.
ReVleW cunni ttee an Density, (Is OMtained QI pages 30,
Council agreed to msicr the Density item for more discuseian rn the other item.
Camcil directed ataff to prepare a hillside ordinance.
Council
wprt as antained cn pages 30, 31 and 32.
the remainder of the rcanmndatians In the Density secti mi of ** L@ use RPvf cv cumlittee
Council wmved the follwing reamnendatim of the Land Use Review Carmtttee to incorporate the following policy statement hto the Land Use Element:
'To assist the Public Facilities Program planning, the city pcplraticn at taildart should be appmxhtely
150,000.
and revieved officially crrery five years. ' Ihe pcpllaticn aharld be mitored closely
Cdttee Representatives - Bob Presoott and Lima M-ld
Council emwed the rraomaendatiare of the Land Use
Review Camittee an Timfng of Public Facilities, as mtalnd an pages 26 and 29 of the Report dated July, 1985.
Carmitt- Rvmtatives - Jh Ai* gd Bob caggiano
Council Review Cam\ittcc QI Existing Haster Plans 8s amtained in their Report dated Julyr 1985, d\ page 33,
the rcamnndatiaw at the Land Use
under hoceduml Rmndatfa.
COUNCIL MEMBERS
Casler lewis KulcMn chid Pettine
Casler
KeJliS Aulcbin
Ptttim chick.
Caster' Lewis Kulchin chi& Pettine
Casler Lewis Kulchh chi& Ptttine
Cas ler
bUiS Kul&in chick Lewis
Casler mis Kulchin Chick Pettine
Casler
bwh Rulcbh chi&
Pettine
Caslet Lewis Kulchin chick Pettim
c L -
X
X
X
X
X
X
X
X
K
X
K
K K
K
K K
K
K
X
K
X K K
K K K
K
X
X
X X
X
X
X X
K
MINUTES
July 17, 1985 Page 5
FIEAN m1TY
Cannittee Representative - Hank Litten
Hr. Litten explained the intent of his mtion was to return to the aaCpted policy of the City and mt retain the interim policy as akpted in Council's Policy 7872 which was in effect during the time of the Land Use Review Cornnittee study. The Cannittee felt better qudity products mld be attained bj giving developers an incentive to work their way w in the density range.
Cavlcil Flent#r Lewis nuved m establish the "neann QI all densities established bj the Council
Mian was later withdri~t~.
Jh Gaiset, Cornnittee Chainran, stated the Canaittee wanted to make certain Courtcll reverted to the poliq in effect prior to the interim plicy.
Mayor Casler Radc a nuth not to &opt Item I2 on page
34 of tho Land Use Review Carmtttee report. Ihe mtim
was subsequently withdrawn.
Council kdc 110 action a~ the Mean Density item.
Ccuncil mmved the remainder of the reoxwendations of the Land Use Review Carmittee that were rot specifically dismssd.
f 1 Council diredd staff to set to public hearing an amenclDPn+ to the LpndU- Ele mnt and ming based upon the Citizens Camnittee approves
Council directed the City Attorney to prepare an Interim Ordinance to qly the recarmendatLars of the Citizens Camittee apprwed by the Council to all projects submitted during the the the Land Use Elerrent is being mnded.
council ended Resolution 7872 until an Interim Ordinance ia oxrsidemd by Council.
By prqrr mtiar, the meting o€ July 17, 1985, wag
adjourned at 10:29 p.m.
' Respectfully sutmitted,
&?iA A. Q!
MELHA L. iuwmmwn City Clerk
Harrictt Babbitt Minutes Clerk
COUNCIL MEMBERS
1
Caslet . -is Kulchin Chick Pettine
Caslet Lewis
Kuldrin Chi& Pettine
Casler -is Kulchin chick Pettine
Casler Lewis Kulchin Chick Pettine
\
f I.
..
b
t
't'
.
,
-w t- Q.
cl W 0
II
0 F-
C U L L i)
NOTICE OF PUBLIC HEARING
ZCA- 190
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, May 27, 1986, to consider whether additional areas of designated open space
should be used to calculate permitted residential densities.
If you have any questions regarding this matter, please call the Planning Department at
438-5591.
If you challenge 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 correspondence delivered to the City of Carlsbad at or prior to the
public hearing.
APPLICANT: City of Carlsbad
PUBLISH : CARLSBAD CITY COUNCIL
e WICE OF PUBLJC HEARING
NOTICE IS HEREBY GIVEN that the Planning Carmcission of the City of Carlsbad will
hold a public hearing at the City Council Cmrs, 1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Wednesday, April 23, 1986, to consider *ether additional areas of designated open space should be used to calculate prmitted residential. densities.
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. Department at 438-5591.
If you have any questions please dl the Planning
If you challenge the Zone Code Amendment in aurt, pu may be limited to raising
only those issues you or =meone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: ZCA-190
APPLICANT: CITY OF CARISBAD PUBLISH: April 12, 1986
CITY CF CARLSBAD PLAN?KCNG OOMMISSION
Qtitp of Csrls’bab
NOTICE OF
PUBLIC HEARING
ZCA-190
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, May 27, 1986,
to consider whether additional areas of designated open space should
be used to calculate permitted residential densities.
If you have any questions regarding this matter, please call the Plan-
ning Department at 438-5591.
If you challenge 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 correspondence
delivered to the City of Carlsbad at or prior to the public hearing.
APPLICANT: City of Carlsbad
CARLSBAD CITY COUNCIL