HomeMy WebLinkAbout1987-04-07; City Council; 8948; Amending Chapter 21.90 - Growth managementb
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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
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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."
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SECTION 2: That Title 21, Chapter 21.90 of the Carlsbac
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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
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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.
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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
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Page 3 of Ordinance No. 9P29
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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
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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
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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
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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.
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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 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
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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
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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
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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