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HomeMy WebLinkAbout1987-04-07; City Council; 8948; Amending Chapter 21.90 - Growth managementb 0 4 4 03 a c a m N 03 m v) a M 0 a a, c) 3 a 0 M L, c .rl rl .rl 0 d 3 0 u h 03 I h I LB# 8yL/ f ATG. 4/7/87 IEPT. PLN 1 ./ 777 c crt OF CARLSBAD - AGENL-BILL ZONE CODE AMENDMENT AMENDING CHAPTER - GROWTH MANAGEMENT - TO BRING TITLE: 21 rr INTO CONFORMANCE AS A RESULT OF THE CITY ArrY PASSAGE OF PROPOSITION E ON NOV. 4, 1986. CITY MGR,~~ - - TY flF CARTSRAn RECOMMENDED ACTION: Planning Commission and staff recommend introducing Ordinance No. ?r2?, and No. f//O , bringing the Carlsbad Municipal Code into specific compliance with the provisions of Proposition E. ITEM EXPLANATION This Zone Code Amendment (ZCA-199) will bring the Carlsbad Municipal Code into specific compliance with the provisions of Proposition E which was approved on November 4, 1986 by the citizens of Carlsbad. By adopting the ordinances attached as Exhibit #1 and Exhibit #2, the Council will be doing the following: 1) Setting the maximum number of dwelling units which can be approved or constructed in each quadrant of the City; and 2) Assuring that no reductions in public facilities will occur unless a corresponding reduction in density is made; and 3) Assuring that no ministerial building permits will be issued unless consistent with the Growth Management section of the Carlsbad Municipal Code. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated January 10, 1987. A copy of the environmental documents is on file in the Planning Department . FISCAL IMPACT None. EXHIBITS 1. City Council Ordinance No. 9Pq 9 2. City Council Ordinance No. 3. Planning Commission Resolution No 4. Planning Commission Staff Report dated February 4, 1987 -37 I." I*( 3) To implement the provisions of Proposition E adopted by the citizens of Carlsbad on November 4, 1986, to require that public facilities and improvements meeting City standards are available concurrently with the need created by ne\ developments and to limit the number of residential dwelling units which can be approved or constructed in the City." 1' 1 1 SECTION 2: That Title 21, Chapter 21.90 of the Carlsbac d 1 25 26 27 28 ORDINANCE NO. 9879 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSRAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.90 OF THE CARLSBAD MUNICIPAL CODE TO CONFORM WITH THE PROVISIONS OF PROPOSITION E APPROVED BY THE CITIZENS OF CARLSBAD ON NOVEMBER 4, 1986. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 21, Chapter 21.90 of the Carlsbad Municipal Code is mended by the amendment of Section 21.90.010(a) (3) to read as follows: Municipal Code is amended by the addition of Section 21.90.045 to read as follows: "21.90.045 Growth Management Residential Control Point Established. In order to ensure that residential development does not exceed those limits established in the General Plan, the following growth management control points are established for the residential density ranges of the Land Use Element. ALLOWED DWELLING UNITS PER ACRE General Plan Density Ranges RL 0 - 1.5 RLM 0 - 4.0 RM 4.0 - 8.0 RMH 8.0 - 15.0 RH 15.0 - 23.0 Growth Management Control Point 1.0 3.2 6.0 11.5 19.0 No residential development permit shall be approved which density exceeds the growth management control point for the applicable density range unless the following findings are made : 1. The project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted: and . .1 _. 1 2 3 4 5 6 7 8 9 10 11 12 2. There have been sufficient developments approved in the quadrant at densities below the control point to cover the units in the project above the control point so that approval will not result in exceeding the quadrant limit: and 3. All necessary public facilities required by this chapter will be constructed or are guaranteed to be constructed concurrently with the need for them created by this development and in compliance with the adopted City standards. For the purposes of this paragraph the term "quadrant" means those quadrants established by the intersections of El Camino Real and Palomar Airport Road as set forth in the map amending the General Plan and as required by Proposition E adopted November 4, 1986. SECTION 3: That Title 21, Chapter 21.90 of the Carlsbad Municipal Code is amended by the deletion of Section 21.90.180. SECTION 4: That Title 21, Chapter 21.90 of' the Carlsbad Municipal Code is amended by the addition of new Section 21.90.180 to read as follows: "21.90.180 Public facility reductions. Notwithstandinc any previous sections of this chapter, the City Council shall not materially reduce or delete any public facilities or improvements without making a corresponding reduction in residential density unless such a reduction or deletion of public facilities is ratified by a vote of the citizens of Carlsbad." SECTION 5: That Title 21, Chapter 21.90 of the Carlsbac Municipal Code is amended by the addition of Section 21.90.185 to read as follows: "21.90.185 Residential dwelling unit caps. Notwithstanding any previous sections of this chaDter, the number of residentiai dwellings to be approved or- constructed after November 4, 1986, shall not exceed the following: Northwest quadrant 5,844; Northeast quadrant 6,166; Southwest quadrant 10,667: Southeast quadrant 10,801, without an affirmative vote of the citizens of Carlsbad." SECTION 6: The City Council makes the following findings: 1. On November 4, 1986, the citizens of Carlsbad approved the passage of Proposition E, which establishes the Page 2 of Ordinance No. 1 2 3 4 E E 5 1( 1: 1: 1 1 2 2 2 2 2 2 2 2 2 _- I rnaxii.iJ9 number of residential dwellinq units to be approved or constructed in each of the four quadrants, as defined in Section 21.90.045, after November 4, 1986 as follows: Northwest quadrant 5,844; Northeast quadrant 6,166: Southwest quadrant 10,667; Southeast quadrant 10,801. 2. This ordinance is consistent with the City's policy to provide housing opportunities for all economic sectors of the community because sufficient opportunities for new housing exist within the City and Chapter 21.90 complies with Proposition E an( is consistent with the General Plan and zoning of the City. In addition, development of housing for low and moderate income persons and families would most likely occur in areas of the Cit! which are designated for the highest development priority. By encouraging development of inf ill areas first, where the infrastructure is already existing, the cost of housing may be reduced. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 7th day of *Pril , 1987 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 14th following vote, to wit: day of April I 1987 by the AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: ne ABSENT: None ... ... ... ... Page 3 of Ordinance No. 9P29 1 2 3 4 5 6 7 8 9 10 11 12 0 t 0 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM AND LEGALITY 46-4 -_--I_ -- VINCENT F. BIONDO, JR., CiTy Attorn ATTEST : ALETHA L. RAUTENKRA Page 4 of Ordinance No. 9pd 9 1 2 3 4 F * E 7 E < 1( 1: 1: 1' 21 2: 2, 2 2 2 2 2 2 ORDINANCE NO. 8110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 18 , CHAPTER 18.04 OF THE CARLSBAD MUNICIPAL CODE TO CONFORM WITH THE PROVISIONS OF PROPOSITION E APPROVED BY THE CITIZENS OF CARLSBD ON NOVEMBER 4, 1986. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 18, Chapter 18.04 of the Carlsbac Municipal Code is amended by the addition of Section 18.04.015 to read as follows: "18.04.015 Building permits. No building permit shall be issued unless it is consistent with ChaDter 21.90 (Growth L Management) of this Code." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 7th day of April , 1987 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 14th day of April , 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ... ... Page 1 of Ordinance No. a//O APPROVED AS TO FORM AND LEGALITY n /24 -I_--.--- R LP, --___ Lee VINCENT F. BIONDO, JR., City Attorney ATTEST: ALETHA L. RAUTENKRANZ, City Cl$rk Page 2 of Ordinance No. Fj/o 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 PLANNING COMMISSION RESOLUTION NO. 2637 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MODIFICATIONS TO THE CARLSBAD MUNICIPAL CODE SECTIONS 21.90 AND 18.04.015 TO SPECIFICALLY CONFORM WITH PROPOSITION E APPROVED BY THE CITIZENS OF CARLSBAD ON NOVEMBER 4, 1986. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-199 WHEREAS, the Citizens of the City of Carlsbad, California, on November 4, 1986, approved the passage of Proposition E; and WHEREAS, pursuant to the provisions of Proposition E certain modifications need to be made to the Carlsbad Municipal Code Sections 21.90 and 18.04.015; and WHEREAS, these changes shall be made by modifying the Carlsbad Municipal Code and are contained in the attached ordinance labeled Exhibit "A" to this resolution. NOW, THEKEFOKE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, California, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing and the passage of Proposition E on November 4, 1986, by the Citizens of Carlsbad, the Commission recommends APPROVAL of ZCA-199, as shown on Exhibit "X" attached to Exh'ibit "Aw dated, January 21, 1987 incorporated herein by reference, based on the following findings: Findings : 1) That the amendment as prepared is consistent with the Carlsbad General Plan. 2) The amendment is consistent with Proposition E as adopted by 3) That the proposed amendment is consistent with the rest of the Citizens of Carlsbad in November, 1986. Section 21.90 of the Carlsbad Municipal Code. //// 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of February, 1987, by the following vote, to wit: AYES : Chairman Marcus, Commissioners: McBane, Hall, NOES : None. ABSENT : None. ABSTAIN: None. Schramm, McFadden br Holmes. ATTEST : MICHAEL J. HOLZMILLER PLANNING DIRECTOR PC RES0 NO. 2637 -2- STAFF REPORT DATE : TO: FROM : SUBJECT : I. FEBRUAKY 4, 1987 PLANNING COMMISSION PLANNING DEPARTMENT ZCA-199 - ZONE CODE AMENDMENT - CITY OF CARLSBAD - AMENDING CHAPTER 21.90 - GROWTH MANAGEMENT - TO BRING IT INTO CONFORIMCE AS A RESULT OF THE PASSAGE OF PROPOSITION E ON NOVEMBER 4, 1986. RECOMMENDATION That the Planning Commission recommend APPROVAL of the Negative Declaration issued by the Planning Director and ADOPT Resolution No. 2637, recommending APPROVAL of the Zone Code Amendment to bring Section 21.90 of the Carlsbad Municipal Code into specific conformance with Proposition E. 11. BACKGROUND Ordinance No. 9808 - Growth Management - was adopted by the City Council on July 1, 1986. This ordinance created Section 21.90 of tne Carlsbad Municipal Code and detailed how the Growth Management Program was to be instituted by the City. On November 4, 1986, the Citizens of Carlsbad approved the passage of Propositions E. Proposition E sets future limits on the total number of residential dwelling units which may be approved or constructed in the City after November 4, 1986. The maximum number of future residential dwelling units may not exceed the following totals in each of the four quadrants of the City; the northwest quadrant -5,844; northeast quadrant - 6,166; southwest quadrant - 10,667 ; southeast quadrant - 10,801. Proposition E also insures that the City shall not materially reduce any public facilities without making a corresponding reduction in residential densities. Further, the requirements of Proposition E may only be changed by a majority vote of the citizens of Carlsbad. 111 DISCUSSION As a result of the passage of Proposition E, it is now necessary to bring the Carlsbad Municipal Code into specific conformance with the requirements of this proposition. The recommended changes have been incorporated and are attached as Exhibit "XI' of the proposed City Council Ordinance amending the code. These changes basically do three things: 1) Sets the maximum number of dwelling units which can be approved or constructed in each quadrant of the City unless an increase is approved by an affirmative vote of the citizens. 2) Assures that no reductions in public facilities will be made without a corresponding reduction in residential density, unless approved by a majority of the citizens o f Car lsbad . 3) Assures that no ministrial building permit shall be issued unless it is consistent with the Growth Management section of the municipal code. These changes will modify Section 21.90 of the Carlsbad Municipal Code and insure compliance with Proposition E. Further, Section 18.04.020 of the Carlsbad Municipal Code needs to be modified so that no building permit shall be issued unless it is consistent with Chapter 21 .YO. These changes to the Carlsbad Municipal Code will bring it into conformance with Proposition E and shall insure that ministerial building permits do not cause the residential development intensity to exceed those limits established by Proposition E. IV. ENVIRONMENTAL KEVIEW The Planning Director has determined that these modifications to the Carlsbad Municipal Code will not add a significant affect on the environment and has therefore issued a Negative Declaration on January 10, 1987. ATTACHMENTS 1. Planning Commission Resolution No. 2637 2. City Council Ordinance 3. Environmental Documents POC/arb -2- 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 PLANNING DEPARTMENT ditp of $arI$bab (619) 438-1161 NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: City of Carlsbad. PROJECT DESCRIPTION: To specifically incorporate the provisions of Proposition E into the Carlsbad Municipal Code. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. review, a Negative Declaration (declaration that the project Will not have a significant impact on the environment) is hereby issued for the subject project. Planning Department. As a result of said Justification for this action is on file in the A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA., 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of issuance. DATED: January 10, 1987 APPLICANT: City of Carlsbad Planning Director PUBLISH DATE: January 10, 1987 ND4 11/85 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of Son Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (61 9) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any suwlement thereof on NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that theCityCounci1 OftheCityofCarls- ad,otill hold a public hearing at ke Carlsbhd Safety and Service Center, 2560 Orion Way, Carlsbad, California. at 6 00 P M.. on Tuesday. April 7, 1887, to SpecifieaUy ih corporate provisions of ProposG tion E into the Carlsbad Municipal Code ZCA-199 I I, \' * If you have any questlons regard- the following dates, to-wit: ingthis matter, please call the Planning Department at 438-1161. If you challenge the Zone Code Amendment in court, you may be limitdl to raising only those issues you or sbmeo* else raised at the public heajng described in this notice; .or in written correspon- dence delivered to the City ofCarls- bad at or prior to the public hearinE. MaSch. 2.8 I .......... ........ ............................. Applicint. City of Carlsbad CJ 4805: March 28,1987 "OARLSBAD CITY COUNCIL 19 3? . 19.. .. 10 ................................. 1'1.. .. ................................. 19.. .. ................................. 19.. .. I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on - the 28th day of -- 19387 && ,' Clerk of the Ph 6202 2M 7 86 ..--- A NOTICE OF PUBLIC HEARING ZCA-19 9 NOTICE IS HEREBY GIVEN the the City Council of the City of Carlsbad will hold a public hearing at the Carlsbad Safety and Service Center, 2560 Orion Way, Carlsbad, California, at 6:OO P.M., on Tuesday, April 7, 1987, to specifically incorporate provisions of Proposition E into the Carlsbad Municipal Code. If you have any questions regarding this matter, please call the Planning Department at 438-1161. 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 : March 28, 1987 CARLSBAD CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Wednesday, February 4, 1987, to specifically incorporate the provisions of Proposition E into the Carlsbad Municipal Code. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-1161. 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. CASE FILE: ZCA-199 APPLICANT: CITY OF CARLSBAD PUBLISH: January 24, 1987 CITY OF CARLSBAD PLANNING COMMISSION