HomeMy WebLinkAbout1988-06-14; City Council; 9474; Amendment to Zoning Ordinance 88-04L AWENDMENT TO THE ZONING
ORDINANCE TO ELIMINATE THE
ZCA 88-4
AB# '?'q34 TITLE:
MTG. 6/1#/88 R-3L, RD-H AND C-LR ZONES
DEPT. PLN
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I- Cl@ OF CARLSBAD - AGENWBILL I
RECOMMENDED ACTION:
The Planning Commission and staff are recommending thz
City Council APPROVE the Negative Declaration issued I: Planning Director and introduce Ordinance No. Ns -a
approving ZCA 88-4.
ITEM EXPLANATION
The proposed Zone Code Amendment would eliminate three
from Title 21 of the Carlsbad Municipal Code:
Chapter 21.14 - R-3L - Limited Multiple Residential Zone
Chapter 21.23 - RD-H - Residential Density High 2
Chapter 21.25 - C-LR - Commercial-Limited Resic Zone
The C-LR Zone was created to serve as a buffer 1: commercial and residential uses. The R-3L Zone was Cree serve as a buffer between multiple family and single development. At the present time they are no longer because there are other zones which adequately provid type of buffer. In addition, every vacant or 01 commercial property has a Q overlay or specific plan requiring Planning Commission review of any deve proposal. Any residential project consisting of four (
units requires Planning Commission approval of a condl
permit or site development permit. One of the most im
things looked at by staff and the Planning Commiss compatibility with surrounding uses. When the C-LR a1 Zones were created this level of review did not exist.
The RD-H Zone was created to implement the RVH, Resi Very High, 30-40 du/ac General Plan Designation. Or
small projects were developed using this Genera
Designation and the RD-H Zone. When the City Council the General Plan density ranges in 1986 the RVH, 30-41 designation was deleted. At the present time, the RD-H
in violation of State Planning Law since it is the imple
zone for a General Plan designation that does not exis
deletion of this zone will eliminate this conflict.
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Page 2 of Agenda Bill No. 94?q
The Planning Commission unanimously approved the proposed Code Amendment.
ENVIRONMENTAL REVIEW
The Planning Director has determined that this project wil cause any significant impacts and, therefore, has issi Negative Declaration on April 6, 1988. This determinatio based on a number of factors. The proposed project administrative in nature and would create no ad environmental impacts. In addition, no comments were rec
during the public notice period for the Negative Declara
The Planning Commission agreed with the Planning Direc
determination and on April 20, 1988 approved Resolutioi
2728 recommending approval of the Negative Declaration.
FISCAL IMPACT
No direct fiscal impacts are anticipated.
EXHIBITS
1. Ordinance No. ,vs-dD
2. Planning Commission Resolution Nos. 2715 & 2728
3. Excerpts from Planning Commission minutes dated
4. Staff Report dated April 20, 1988
April 20, 1988
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ORDINANCE NO. NS-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY C CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF Tf CARLSBAD MUNICIPAL CODE BY THE REPEAL OF CHAPTEI
21.14, 21.23, AND 21.25.
The City Council of the City of Carlsbad, Cz
does ordain as follows:
Section 1: That Title 21 of the Carlsbad Municj
is amended by the repeal of Chapters 21.14, 21.23, and :
EFFECTIVE DATE : This ordinance shall be t
thirty days after its adoption, and the City Clerk shal:
to the adoption of this ordinance and cause it to be 1
at least once in the Carlsbad Journal within fifteen dt
its adoption.
INTRODUCED AND FIRST READ at a regular meetin1
Carlsbad City Council held on the 14th day of .Tiin-
1988, and thereafter
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PASSED AND ADOPTED at a regular meeting of
Council held on 21St day of .~llnp , 15
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Mamaux, Pettine si
NOES: None
ABSENT: None
ATTEST:
JG!% A:@.- ALETHA L. RAUTENKRANZ, CitytClerk
(SEAL)
CC ORD NO- NS-20 -2-
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PLANNING COMMISSION RESOLUTION NO. 2715
A- RESOLUTION OF THE PLANNING COMMISSION OF TI CITY OF CARLSBAD, CALIFORNIA, RECOMMEND11 APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITI
21 OF THE CARLSBAD MUNICIPAL CODE BY THE DELETI( OF CHAPTERS 21.14, 21.23, AND 21.25 TO ELIMINA: THE RC-L ZONE, RD-H ZONE, AND C-LR ZONE.
CASE NO.: ZCA 88-4
APPLICANT: CITY OF CARLSBAD
WHEREAS, the Planning Commission did on the 20t
April, 1988, hold a duly noticed public hearing as pres(
law to consider said request; and
WHEREAS, at said public hearing, upon heal
considering all testimony and arguments, if any, of al:
desiring to be heard, said Commission considered all
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public the Commission recommends APPROVAL of ZCA 88-4, accc Exhibit I1Al1, dated April 20, 1988, attached hereto ai
part hereof, based on the following findings.
Findinas :
1. The Chapters being eliminated are superfluous.
21.14 and 21.25 have never been utilized.
2. The present requirements for Site Developmei Redevelopment Permit, and Condominium Permit wi: compatibility between commercial and residential
multiple family and single family developme:
eliminating the need for the R-3L Zone and C-LR
3. The RD-H, Residential Density High Zone, implementing zone for the RVH, Residential VE General Plan designation which was eliminated recent revision of the General Plan.
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4. The project will not cause any significant envi impacts, and a Negative Declaration has been . the Planning Director on April 6, 1988 and re for APPROVAL by the Planning Commission on P
1988.
PASSED, APPROVED, AND ADOPTED at a regular mc
the Planning Commission of the City of Carlsbad, Ca
held on the 20th day of April, 1988, by the following
wit:
AYES : Commissioners: McBane, Hall, Schramm,
NOES : None.
ABSENT: Chairperson McFadden & Commissioner Ho
ABSTAIN: None.
Schlehuber.
CARLSBAD PLANNING COMMISS
ATTEST:
MI1 PLANNING DIRECTOR I
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EXHIBIT "A"
APRIL 20, 1988
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE REPEAL OF CHAPTERS
21.14, 21.23, AND 21.25.
The City Council of the City of Carlsbad, Cal
does ordain as follows:
Section 1: That Title 21 of the Carlsbad Municil:
is amended by the repeal of Chapters 21.14, 21.23, and 23
EFFECTIVE DATE : This ordinance shall be ef
thirty days after its adoption, and the City Clerk shall
to the adoption of this ordinance and cause it to be p~
at least once in the Carlsbad Journal within fifteen day
its adoption.
INTRODUCED AND FIRST READ at a regular meeting
day of Carlsbad City Council held on the
1988, and thereafter
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PASSED AND ADOPTED at a regular meeting of
day of , 15 Council held on
following vote, to wit:
AYES:
NOES :
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
-2- CC ORD NO.
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PLANNING COMMISSION RESOLUTION NO. 2728
A RESOLUTION OF THE PLANNING COMMISSION OF THE C OF CARLSBAD, CALIFORNIA APPROVING A NEGA'I
DECLARATION FOR A ZONE CODE AMENDMENT TO DEI
CHAPTER 21.14, R-3L ZONE, CHAPTER 21.23 RD-H ZC
AND CHAPTER 21.25 C-LR ZONE.
CASE NO.: ZCA 88-4
APPLICANT: CITY OF CARLSBAD
WHEREAS, the Planning Commission did on the 20'
April, 1988, hold a duly noticed public hearing as pre
law to consider said request, and
WHEREAS, at said public hearing, upon hearing and c
all testimony and arguments, examining the initi
analyzing the information submitted by staff, and consi
written comments received, the Planning Commission cons
factors relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public
the Planning Commission hereby recommends APPROVI I'
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I Negative Declaration according to Exhibit "ND", di
6, 1988, and Exhibit rlPII**, dated February 17, 1988 hereto and made a part hereof, based on the findings :
Findinss :
1. The initial study shows that there is no s evidence that the project may have a significant
the environment.
2. The proposed zone code amendment is administ nature and will have no environmental impacts.
3. The proposed zone code amendment will not aut€ type of development.
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PASSED, APPROVED, AND ADOPTED at a regular meetir
Planning- Commission of the City of Carlsbad, California
the 20th day of April, 1988, by the following vote, to 5
AYES: Commissioners: McBane, Hall, Schramm, Mi Schlehuber.
NOES : None.
ABSENT: Chairperson McFadden & Commissioner Holmes,
ABSTAIN: None.
LLd \JP,&-; h LIP!. &
MATTHEW %ALL, Vice-Cha: CARLSBAD PLANNING COMM:
ATTEST:
MICHAEL J. HOYZMILLE~
PLANNING DIRECTOR
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PC RES0 NO. 2728 -2-
- @ 2075 LAS PALME
CARLSBAD, CALlFORl 0
b (619) 438-1 PLANNING DEPARTMENT
citp of aarls’bab
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: City of Carlsbad
PROJECT DESCRIPTION: Zone Code Amendment to eliminate C.
21.14, R-3L, Limited Multiple Family Zone, Chapter 21.23, Residential Density High Zone, and Chapter 21.25, Commercial Limited Residential Zone.
The City of Carlsbad has conducted an environmental review 4 above described project pursuant to the Guideline: Implementation of the California Environmental Quality Ac the Environmental Protection Ordinance of the City of Car
As a result of said review, a Negative Declaration (declai
that the project will not have a significant impact 01 environment) is hereby issued for the subject prc Justification for this action is on file in the P1; Department.
A copy of the Negative Declaration with supportive documer
on file in the Planning Department, 2075 Las Palmas I.
Carlsbad, California 92009. Comments from the public invited. Please submit comments in writing to the PI; Department within ten (10) days of date of issuance.
DATED: April 6, 1988
CASE NO: ZCA 88-4 Planning Director
APPLICANT: City of Carlsbad
PUBLISH DATE: April 6, 1988
MICHAEL J. HQLZMI~Z~ER
e.
EXHIBIT " e 0
ENVIR0"TA.L IMPACT ASSESSMENT FORM - PART 11
(TO BE COMPETED BY THE PLANNING DEPARTMENT)
CASE NO. ZCA 88-4
DATE :
I. BACKGROUND
1. APPLICANT: City of Carlsbad
2. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Palmas Dri-
Carlsbad. California 92009
(619) 438-1161
3. DATE CHECK LIST SUBMITTED:
11. ENVIRONMENTAL IMPACTS
(Explanations of all Affirmative Answers are to be written
under Section I11 - Discussion of Environmental Evaluation)
YES MAY BE
1. Earth - Will the proposal have significant results in:
a. Unstable earth conditions or in changes in geologic substructures?
b. Disruptions, displacements, compaction or overcovering of the soil?
c. Change in topography or ground surface relief features?
d. The destruction, covering of modification of any unique geologic or physical features?
e. Any increase in wind or water erosion of soils, either on or
off the site?
f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel or a river or stream or the bed of the ocean or any bay, inlet or lake?
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4 - YES MAY BE
2. Air - Will the proposal have significant results in:
a. Air emissions or deterioration of ambient air quality?
odors? b. The creation of objectionable
c. Alteration of air movement, moisture or temperature, or any change in climate, either locally
or regionally?
3. Water - Will the proposal have
significant results in:
a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters?
b. Changes in absorption rates, drainage patters, or the rate and
amount of surface water runoff?
c. Alterations to the course or flow of flood waters?
d. Change in the amount of surface
e. Discharge into surface waters,
water in any water body?
or in any alteration of surface water quality, including but not limited to, temperature, dissolved
oxygen or turbidity?
f. Alteration of the direction or
rate of flow of ground waters?
g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations?
h. Reduction in the amount of water otherwise available for public water supplies?
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- YES MAY BE
4. Plant Life - Will the proposal have, significant results in:
a. change in the diversity of species, or numbers of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)?
b. Reduction of the numbers of any unique, rare or endangered species of plants?
c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species?
d. Reduction in acreage of any agricultural crop?
5. Animal Life - Will the proposal have significant results in:
a. Changes in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)?
b. Reduction of the numbers of any unique, rare or endangered species of animals?
c. Introduction of new species of animals into an area, or result in a barrier
to the migration or movement of animals?
d. Deterioration to existing fish or wildlife habitat?
6. Noise - Will the proposal significantly
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increase existing noise levels?
Liaht and Glare - Will the proposal sig- nificantly produce new light or glare?
significant results in the alteration of
the present or planned land use of an
area?
8. Land Use - Will the proposal have
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YES MAY BE -
9. Natural Resources - Will the proposal have significant results in:
a. Increase in the rate of use of any
natural resources?
natural resource?
Risk of Uwet - Does the proposal involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident
or upset conditions?
PoDulation - Will the proposal signif-
icantly alter the location, distribu-
tion, density, or growth rate of the human population of an area?
12. Housinq - Will the proposal signif- icantly affect existing housing, or
create a demand for additional housing?
13. Transnortation/Circulation - Will the
proposal have significant results in:
a. Generation of additional vehicular
movement?
b. Effects on existing parking facili- ties, or demand for new parking?
c. Impact upon existing transportation systems?
d. Alterations to present patterns of circulation or movement of people and/or goods?
air traffic?
motor vehicles, bicyclists or
pedestrians?
b. Depletion of any nonrenewable
10.
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e. Alterations to waterborne, rail or
f. Increase in traffic hazards to
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- YES MAYBE
14. Public Services - Will the proposal have a significant effect upon, or have signif-
icant results in the need for new or altered governmental services in any of
the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational
e. Maintenance of public facilities,
f. Other governmental services?
facilities?
including roads?
15. Enerw - Will the proposal have
significant results in:
a. Use of substantial amounts of fuel
or energy?
b. Demand upon existing sources of
energy, or require the development
of new sources of energy?
Utilities - Will the proposal have significant results in the need for new
systems, or alterations to the following
utilities:
16.
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
17. Human Health - Will the proposal have
significant results in the creation of
any health hazard or potential health
hazard (excluding mental health)?
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- YES MAY BE
18. Aesthetics - Will the proposal have significant-results in the obstruction of any scenic vista or view open to the
public, or will the proposal result in
creation of an aesthetically offensive
public view?
Recreation - Will the proposal have
significant results in the impact upon
the quality or quantity of existing
recreational opportunities?
20. Archeoloaical/Historical - Will the proposal have significant results in the alteration of a significant archeological or historical site, structure, object or building?
Analyze viable alternatives to the DroDosed Droiect such as
a) Phased development of the project, b) alternate site des
c) alternate scale of development, d) alternate uses for tk e) development at some future time rather than now, f) alte
nate sites for the proposed, and g) no project alternative.
Not applicable. This project consists of an amendmenl Carlsbad's Municipal Ordinance to eliminate three chapters Title 21.
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21.
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YES MAYBE
22. Mandatory findinss of sisnificance -
a. Does the project have the potential to degrade the quality of the environment, or curtail the diversity in the environment?
b. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of
time while long-term impacts will endure well into the future.)
c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.)
d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
111. DISCUSSION OF ENVIRONMENTAL EVALUATION
This project consists of a Zone Code Amendment to delete C:
21.14, 21.23, and 21.25 of the Carlsbad Municipal Code. Thi eliminate the R-3L, RD-H, and C-LR Zones respectively. This pro:
administrative in nature, and the proposed deletion of these chapte
have no environmental impacts. This action by itself will h environmental impact because it will not allow or deny any develop]
occur. It merely eliminates two zones that have never been imp11 and another zone that implements a General Plan designation that no
exists.
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IV. DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
I find the proposed project COULD NOT have a significant effec
the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a signif:
effect on the environment, there will not be a significant eft
this case because the mitigation measures described on an atta
sheet have been added to the project. A Conditional Negative Declaration will be proposed.
I find the proposed project MAY have a significant effect on t environment, and an ENVIRONMENTAL IMPACT REPORT is required.
X
f&"Y~ 17, (5ss P%4Y4< ,%A bate / Signature
V. MITIGATING MEASURES (If Applicable)
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April 20, 1988 PLANNING COMMISSION Page 4
There being no persons desiring to address the Commission on
this topic, Vice-chairman Hall declared the public testimony
closed and opened the item for discussion among the
Commission members.
Commissioner Schlehuber has no problem with the request and
can support it. Commissioners Marcus and Schramm concurred.
Commissioner McBane can support the amendment but would like
to see the definition of television antenna broadened.
Motion was duly made, seconded, and carried to adopt
Resolution No. 2726 recommending approval of the Negative
Declaration issued by the Planning Director and adopt
Resolution No. 2717, recommending approval of ZCA 88-2,
amending Findings 111 and 12 to read "satellite television
dish antenna" in lieu of "satellite dish," based on the
findings contained therein.
5) ZCA 88-4
Ordinance to eliminate Chapter 21.14, R-3L Zone, Chapter 21.23, RD-H Zone, and Chapter 21.25, C-LR Zone.
CITY OF CARLSBAD - An Amendment to the Zoning
Mike Howes, Senior Planner, reviewed the background of the request and stated that the proposed Zone Code Amendment will
eliminate three zones from Title 21 of the Carlsbad Municipal
Code: 1) Chapter 21.14, R-3L Limited Multiple Family
Residential Zone, 2) Chapter 21.23, RD-H Residential Density
High Zone, and 3) Chapter 21.25, C-LR Commercial-Limited
Residential Zone. The C-LR and R-3L Zones have never been
utilized. The RD-H Zone is the implementing zone for the RVH
General Plan designation which has been eliminated.
three small projects were approved with this zoning and
density, Of the three, only two were built. Staff
recommends approval since they feel that these zones are
superfluous to the zoning ordinance and are not needed at the
present time.
Commissioner Marcus called attention to an error on page one
of the staff report referring to the RD-H Zone which should
read Chapter 21.23 instead of Chapter 21.25.
Commissioner Marcus inquired where the three small projects
with RD-H zoning were located. Mr. Howes replied that they were located at the corner of Harding and Oak, another at the
intersection of Pine and Washington near the railroad tracks,
and the third was located on Harding near the ball fields.
Vice-chairman Hall declared the public hearing open and
issued the invitation to speak.
There being no persons desiring to address the Commission on
this topic, Vice-chairman Hall declared the public testimony
closed and opened the item for discussion among the
Commission members.
Motion was duly made, seconded, and carried to adopt
Resolution No. 2728 recommending approval of the Negative
Declaration issued by the Planning Director and adopt
Resolution No. 2715 recommending approval of ZCA 88-4.
Only
DISCUSSION ITEMS:
6) PCD 87-2 HOEHN MOTORS - Request of a Planning
Commission Determination for the construction of an
COMUISSIONE
Hall
Marcus
McBane
SchlehuL
Schramm
Hall
Marcus
McBane
Schlehube
Schramm
0 e
E STAFF REPORT
DATE: APRIL 20, 1988
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZCA 88-4 CITY OF CARLSBAD - An amendment to the
Ordinance to eliminate Chapter 21.14, R-3L
Chapter 21.23, RD-H Zone, and Chapter 21.25, C-LF
I. RECOMMENDATION
That the Planning Commission ADOPT Resolution No.
recommending APPROVAL of the Negative Declaration issued 1
Planning Director and ADOPT Resolution No. 2715 recomm
APPROVAL of ZCA 88-4.
11. PROJECT DESCRIPTION AND BACKGROUND
The proposed Zone Code Amendment will eliminate three zone:
Title 21 of the Carlsbad Municipal Code:
Chapter 21.14 - R-3L Limited Multiple Family Residential ZOI Chapter 21.23 - RD-H Residential Density High Zone Chapter 21.25 - C-LR Commercial-Limited Residential Zone
The C-LR and R-3L Zones have never been utilized. The RD-I is the implementing zone for the RVH General Plan desigi which has been eliminated.
ChaPter 21.25 RD-H - Residential Density Hiah Zone
This zone was created to implement the RVH, Residential
High, 30 - 40 du/ac General Plan Designation. This zonin
intended to be only applied in very limited locations higher densities were appropriate and desirable such as nea commercial core, in the downtown area or close to high emplo
centers. It was also hoped that this zone would provide a h
density to facilitate the development of low and moderate i
ownership and rental housing. The RD-H zone also require4
submittal of a Site Development Plan concurrently with a Ge
Plan Amendment and Zone Change. Only three small projects
approved with this zoning and density. Of the three proj
only two were built.
When the Citizens' Committee reviewed the Land Use Element o General Plan, they recommended that the RVH General designation be deleted. Subsequently, when the City Co revised the General Plan density ranges, this designation eliminated. At the present time, the RD-H Zone is in viol?
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APRIL 20, 1988
ZCA 88-4 PAGE 2
of State Planning Law since it is the implementing zone
General Plan designation that does not exist. State Plann:
requires that the General Plan and Zoning be in conformance
deletion of this zone will eliminate this problem.
Chapter 21.14 R-3L - Limited Multiple Family Zone
ChaDter 21.25 C-LR - Commercial Limited Residential Zone
These two zones were originally created to serve as buffer
between multiple family and single family development and I:
commercial and residential development. Neither zone ha
been utilized.
The C-LR zone was created to address the portion of Roc
Avenue between Elm Avenue and Walnut Street. when this zc
created in 1976, this area had a mix of residentia
commercial uses. The C-LR Zone was tailored to allc existing commercial uses, single family residences, and du by right. Multiple family dwellings would require a Condi Use Permit. For some reason, this zone was never placed
this portion of Roosevelt Street. This area is now zonec
Village Redevelopment, and uses within this area are addres
the Village Design Manual.
The R-3L Zone was apparently created to act as a buffer bl
single family and multiple family neighborhoods. The R-31
would allow up to four dwelling unit structures. As men
previously, this zone has never been utilized.
These zones were created to serve as buffers either b
residential and commercial uses or multiple family resid and single family residential. At the present time, they z
longer needed. Every vacant or occupied commercial propert a Q overlay requiring Planning Commission approval of a
Development Plan. Any potential commercial or reside development within the Redevelopment Area requires approval Redevelopment Permit. Any residential project consisting 01
units or more requires Planning Commission approval of a Development Plan, or for ownership units a Condominium PC When these projects are reviewed, one of the most impc things looked at by staff and the Planning Commissic compatibility with surrounding uses. When the C-LR and zones were created, this level of review did not exist.
all that was required was a building permit.
In conclusion, the three zones discussed in this report a longer needed. One implements a General Plan designation tk longer exists, while the other two have never been utilized. elimination of these chapters will have no adverse i
whatsoever on the City's ability to ensure compatibility be
e 0
APRIL 20, 1988
ZCA 88-4 PAGE 3
commercial and residential development and multi-fami single family development.
111. ENVIR0"TAL REVIEW
The Planning Director has determined that this project w:
have a significant impact on the environment and, therefo:
issued a Negative Declaration on April 6, 1988. This pro
administrative in nature and will have no adverse enviro.
impacts. In addition, no comments were received duri
public notice period for the negative declaration.
ATTACHMENTS
1. Planning Commission Resolution No.'s 2715 and 2728
2. Environmental Document
3. Chapters 21.14, 21.23, and 21.25 of the Carlsbad Mu
Ordinance
MH:dm
2/16/88
0 0
21.14.0 10
w 21.14 21.14.020 Building heist. In the R-3L zone no buiiding shall excct
height of thrty-tive fett. ((3rd. 9151 $ 1 (pa
ord 9060 9 651) R-3L LJMlTED MULTIPLEIFAMILY
RESXDENTIAL ZONE
secti~ 21.14.030 Frwt yard.
21.14.010 mtted uses.
21.14.015 Senior citizen hoashq by
21.14.020 Bpiwng height.
21.14.030 &at yud
21.14.040 SIdapvh.
21.14.MO Placement of buildialp.
21.14060 Minimumlotam. 21.14.040 Side yards. 21.14.070 Mudmum albwabk density.
21.14.090 Lot coverage.
Every lot in the R-3L tone shall have a frr
yard of not less than twenty feet, except that
key lots and lots which side upon commercia
or industrially zoned property the depth of I
required front yard need not ex- tiftcen fe
(ord 9151 0 1 (part): Ord. 9060 9 652)
corditioanluscpermit.
In the R-3L zone every lot shall have side yar
(I) Interior lots shall have a side yard on eac
Side of the lot which side yard has a width not le
than ten percent of the width of the lot; provide
that such side yard shall be not less than six feet
width and need not exceed Seven and five-tend
fett;
(2) Comer lots and reversed comer lots sha
have the following side yards:
(A) On the side lot line which adjoins anothc
lot, the side yard shall be the same as thz
required on an interior lot,
(B) On the side street side the width of th
required side yard shd be ten fett and said sid
yard shall extend the fill length of the lot. (Ox
9151 9 1 (part); ord. 9060 0 653)
21.14.0&0 Lot widtb. as follows
21.14.010 permitted uses.
In the R-3L zone only the following uses art
permitted and as hereinafter spcciflcally pro-
vidd and allowed by this chapter subject to the
provisions of Chapter 2 1.44 governing off-street
parking requirements
(1) Single-family dwelling;
(2) Two-family dwellings;
(3) Thnt-family dweflings;
(4) Four-family dwellings;
(5) Signs subject to the provisions of Chapter
21.41;
(6) Satellitetelcvisioaaa~ennaesubjecttotfit
provisions of Section 21.33.130 of this code.
Onl. 9674 Q 2 (part), 198kOrd. 9151 9 1 (pan);
Ord 9060 Q 650)
21.14.01S Senior atha housing by
(M 9804 § 6 (Part), 1986; Qd 9785 6 7% 1986; 21.14.0g wment of bugdin@.
Ptacement of buildings on an R-3L lot shal
(1) Interior Lots:
(A) No building shall occupy any portion of a
(B) Any building, any portion of which is used
for human habitation shall observe a distance
from any side lot line the equivalent of the
required side yard on such lot and from the rear
property line the equivalent of twice the required
side yard on such lot,
conform to the following:
Coaditid use permit. nsw Yard %$or citizen housing may be permitted by
conditional use permit issued according to the
provisions of Won 21.18.045 of this title. Not-
withstanding Section 21.18.045, subsection
(dX3), the development standards of this zone
shall apply. ford 9638 Q 1 (part), 1982)
586
0 0
(C) The distance between buildings used for
human habitation and between buildings uscd
for human habitation and accessory buildings
shall be not less than ten fees (D) A nondwelling accessory building may
build to the rear lot line and to the side lines to the
rear of the requid side yard, provided if the lot
maintain a distance of not less than five fm from
the rear lot line and may build to only one side lot
line and shall maintain a side yard of not less than
five fett fiom the other side tot line;
21.14.060 Whimurn lot area
The minimum required area of a
R-3L zone shaU be not less than 3
hundred square fmt, unless othenvise
the zoning map. (Ord. 9 15 1 0 I (part): c
655)
nars umn an aq such accessory buiiding shall 21.14.070 Mm dowable de= ne maimurn allowable density twenry udts per -a A density of uI
dweGng u&a per - may be establisl planning commission or city council, \ (2) Coma LOU ad ReVmed Comer Lots: 5 he final d&sionmwg body for (A) NO building ul ~PY =Y do no fa nqMng a -tionary pennit or en nqui-dyard
human habitation and between buildings used
for human habitation and acccssoty buildings
shall be not less than ten feet,
used for human habitation shall observc a dis-
of twice the required interior side yard on such
10%
build to the rear lot line and to the interior side lot
line when located to the rcar of the required side
yard, provided if the lot cleats upon an alley such
accessory building shail maintain a distance not
less than five feet from the rear line of such lot, (E) On a reversed comer lot an accessory
building may build to the interior side lot line
whenlocatedtotherearofthercquircdsideyard
but uo budding W be erectcd closer to the
property line of any abutting lot to the rear than
the equivalent of the required interior side yard on such reversed corner lot: and further pro- 21.14.090 Lotcoverage.
vided, that ifsuch reversed comer lot reacs upon
an alley, an accessory building shall maintain a
ditance of five feet from the rear lot line. (Or&
9151 9 1 (part); Ord. 9060 $654)
under this code, or the planning comm
sity is consistat with the genetal ph
ptovisionsofthiscode.
Except when the city council is the €1
planning com-ion =ab&&ng den
hys after the &.&ion Of not later than
for appcaI of the discretionary permit 01
9606 0 l (part), 198 1: od 9 15 t (5 l (pa
9060 5 656)
21.14.080 Lot width.
Every lot cnated after the effective dat
ordinance codified in this chapter sfiall m
a width not less than sixty fttt at the rear
thenquircdfi.ontyard.(Ord.9151~ l(pm
9060 8 657)
(B) The distance betwen buildings used for a oam pmjecu if said body finds bl
(C) Any building any portion of which i~ sionm&ng body for a proja a decisi,
mce hm the m Propem line the equivalent be appeaied to the city council not [ate
(D) On comer lots an acc~~ building may merit for the pnja whichever is [at(
All buildings, induding accessory bu
and mcturcs, shall cover no more chad
percent of the area of a lot. (Ord. 9 15 1 8 1 1
Ord. 9060 $ 658)
587
0 0
2 1.23.0 10
clmptu 21.23 (4) Accessory buildings; (5) Signs subject to the provisions of Q
(6) satellite teievision antennae subjecr I provisions of Section 21.53.130 of this
(ord 9804 9 6 (part), 1986; Ord. 9785 9 12,
RBH RESIDENnAL DENSITY-HIGH 21.41; ZONE -
21.23B10 Intent rurd purpose. Ord. 9664 9 1 (part), 1983) 2123.020 plcrmitted uses.
21.23.030 uses rrnd stractpres permitted
21.23.040 Appkbility of zone. CoQditjOllpI use permit.
bycoadItioaoi use permit. 21.23.030 uses ad strpctures permitted
21.23.OSO Dwelling units per lot. Subject to the provisions of chaptcrs ;
21.23.060 Bllikifno height. and 21.50, the foliowing uses and st~cture
21.23.070 Front yard. permitted by conditional use permit:
21.23.080 sideyard. (1) Residential care facilities serving CI
(3) Public and private commercial pari
(4) Child care nurseries, ifa singie play lot
less than six hundred square feet in area, plu:
additional seventy-five feet of area for each cl
in excess of nine, is provided on the lot or ac
cent to the premises. Such play lot shall not
located in any ~uircd front or side yard. (C
9664 0 1 (Part), 1983)
21.t3.040 AppGcabiE@ of zone.
21.23.090 Rearyard. thansixpersons;
21.23.100 R~u ~~~~--Accxso~ (2) RofessollaI care faciiitie,
baildhgs.
21.23.1 10 setlmcks--parking, IOU and parking m-
21.23.111 Lot Are&
21.23.112 Lot coverage.
21.23.1 13 Lot width. -_
21.23.010 Intent and purpose. The purpose of the RD-H zone is to impie-
rnent the RVH, residential very high density
(30-40 du/ac) designation of the land usc de-
ment of the generai pian. his zoning is oniy to
be appiied in very limited locations where higher
near the commercial core in the downtown am
Or ciosc to '* empioyment centcrs. It is also *'
This zone is site specific rnd an application
panied by and proctssed concumntly with a s
development plan for apartments or a plann
dedtia arr apptophte ad mbk such a~ a zone change to he WH zone must be mol
~urpo~e oft hi^ zone to ~m'de a Wa density
to fadham the devetoprnent of low and moder.. kvdopment pennit for ownership units. (01
9664 8 1 (part), 1983) ate income ownenhip and rental housing, (Ord.
9664 9 1 (part), 1983) 21.23.050 Dwelling units per lot.
21.23.02a ptrmitted uses. (a) The number of dwelling units permittt The following uscs only shall be permitted in on a lot shail be consistent with the density spec
the RD-H zone, subject to the provisions of ificd by the general plan.
Chapters 21.41 and 21.44, unless otherwise pro- (b) Whenever the general plan estabiishe
vided for in this chapter density in terms of ranges. the density for
project shall be the lowest density established b
the range unless the pianning cornrmssion or tb
city cound whichever the final decisionmakin;
( 1) Single-family dweilings;
(2) Two-farmly dwellings:
(3) Multiple family dwellings;
604
a 0
body for a project is, hds that a greater density within the range isjustified under the provisions
of the general plan.
(c) Whenever property which is zoned or
w&i& is proposed to be zoned RD-H is located in
a transitional ana between existing residential
neighborhoods and other uses, or in a transi- tional area between property zones for &den-
tiai uses or other uses, the city council may
designate the maximum density permitted on
the property at a point within the range estab-
lished by tbe gend plan. The density ma&
Wed for a project pursuant to subdivision (b)
&ail not exceed this maximum density. Designa-
tion Of the XIIaXimUm dCn&/ Shall bt done at the
time the Property is rezoned Or, if the PmPeW
has PRViOlldY betn Zoned mH, then the desig-
nation shall be done in the ~ame manner as a
change of zone. Ropcrty which has a maximum
density designation shall be subject to subsection
(A) On the side lot line which adjoi
lot, the side yard shall be the san
nquvcd on an interior lot.
(B) On any side of a lot which is ac
stmt, the side yard shd be tea feet. ((
1 (parr), 1983)
21.23.090 Rearyard.
There shall be a rear yard of not le
feet in depth. (Ord. 9664 $1 (parr), I!
21.23.100 R- yd-~~ry b
No acnssory buildings more than c
heiat md no ~c~ry living qu;
occupy any part of a required 1
Aa-v bddine within a naf ya
located to one si& lot line and to the r
providing he wnm from my pp
adjacent to a mt is not 1- than fit (b). (ord 9664 9 1 (part)? 1983)
21 23.060 Building height.
further provided, the distance bewee
used for human habitation and acces
ings shall be not less than ten feet. (0
(part), 1983)
21.23.1 10 Setbacks-Parking.
21.23.070 Front yard. The sick yard setback of uncoverec Every lot in the RD-H zone shall have a front parking may be reduced up to zero fa
yard of not 1- than ten fett in dtpth. NO ~ar- that a sk-fmt-hi&-mmnry wall is
Porn Or garageS Shall fa= Onto this front Yard the property line adjacent to the serb<
The front Yard Shall be heavily landscaped with a ternfoot setback may be permitted fi
combination of floweft, shrubs and tms, and nw paricing, provided the nquired s irrigated with a permanent irrigation system. the dwefing maufc arc landscaw
hdscaoe Pi- a& irrigation system Plans tained. (Ord. 9664 $ l (part), 1983) shall be approved by the land use planning office
prior to issuanCe of a building permit for a pro- 21.23.111 Lot area.
The minimum lot area shall not t
one-half acn. (Ord 9664 4 1 (part), 1
21 -23.1 12 Lot coverage.
All buildings. including accessor
and structures, shall cover no more 11
percent of the lot. (Ord. 9664 9 1 (pa
The maximum allowable building height shall
be thirty-fiv~ fet. (Od. 9664 § I (part). 1983)
posed st~cture. (Ord 9664 0 1 (part), 1983)
21.23.080 Side yard.
Every lot shaU have a side yard as follows:
t 1 ) Interior lots SUI have a side yard on each
side of the lot of not less than five fett in width.
(2) Corner lots and reversed corner lots shall
have side yards as follows:
605
e e
21.23.113
21.23.113 Lotwidth.
Every lot &ail be a Width of not less than
seventy-five fett at the rear line of the required
front yard. (Ord. 9664 9 1 (part), 1983)
606
* e
21.25.0 18
21 .z the downtown as designated by the g
and any applicable spec& plans. (0
(pa), 1976) c-
211.25.030 betted w d §mi
In the C-LR commercial-limited
zone, only the following uses and str
permitoed subject to the requireme
chapter and to the development sta
vided in Chapters 21.41 and 21.44:
(I) Residential uses not exceeding
ing units per lot;
(2) Administrative and executive
(3) Accountants and attorneys;
(4) Bakeries (noamamnufacturing):
(5) Barbershops and beauty paria
(6) Clinic, medical and dental, inc
dental laboratories and pharmacks:
(7) Bry goods, specialty, or pne~
to exceed five thousand square feel
area; (8) Enginen. architects and plan
(9) Grocery stores, not to exceed tf
(10) Insurance agencies and seMi
( 11) Investment agencies and scrv
(12) Labor union offices;
( 13) Libraries:
(14) Medical offices and clinics
incidental momraries;
(IS) offices, business and pr
including incidental commercial fa
as blueprint and photocopy shoc
USE?3dS@t€CtUM.
21.2!5.010 Intent
The intent and purpose of the C-LR commer-
cid-limited residential zone is to:
(1) Rovide a method of insuring an orderly,
proper, and harmonious transition between the
downtown and surrounding residential uses
through the use of development and perfom-
anct standards which will regUiate the use, php
id orientation, and operation of proposed
residential structures and improvements, as well
as the use of the land itself in s@c areas adja-
cent to the downwm;
~uare fRt ~oss floor -;
ing financlal instimtions:
(2) Rquirr! thg we!opment md Mom- machine saleS, computer and data ana mM a d m imm comp'*ce centen, new stokes. duplicating with the Fnd Plan md anY wPlicable s@c eographing seficcs and tobacco sh0
(le) EWcing lots and parking bui
( 17) Photography studios; (3) Provide that development will be corn-
( 18) Prcscripuon pharmacies; patible with surrounding land uses. (Ord 9450 9
1 (part), 1976) (19) Public buildings:
(20) Red estate and related semi1 ZI.tS.020 Appk9im. (2 1) Schools. busintss, vocational
It is intended that the C-LR zone be placed on siond, including art. barber, bca
properties that are in the immediate vicinity of drama music and swimming; and
plw
6 10
* w
(22) Other similar uscs which the planning
commission may determine fail within the intent
and purposes of this zone district, arc of a corn-
parable M~UE to the uses enumerated in this
chapter, and will not be detrimental to property
in the vianity;
(23) SignssubjecttotheprovisionsofChapter
21.41:
(24) satellite television antennae subject to
the provisions of Section 21.53.130 of this code.
(ord 9804 8 6 (part), 1986 Ord. 9785 0 14,1986;
Ord. 9674 8 2 (part), 1983; W 9450 8 1 (part),
1976)
21.25.040
for uncovered parking in accordan
tcr 21.44, and provided the in=
designed to eliminate the need to
pubtic right-of-way. (Ord. 9450 0
21.25.070 Side yards.
In the C-LR zone, every lot si
yards as foUoWs:
(1) Interior lots shall have a sidc
side of the lot not less than five fa
(2) Corner lots and reversed ca
have side yards as follows:
(A) On the side lot line which ac lot, the side yard shall be the
required on an interior lot.
(B) On any side of a lot which i
svcet the side yard shall be not la
in width. (Ord 9450 9 1 (part). 19
21.2S.080 Rearyard.
In the C-LR zone, every lot sh
yard of not less than five feet. excl
parking not served by an alley ma1
the rear yard. {Ord 9450 9 1 (part
21.25.090 Lot m.
The minimum required area of
LR tone shall bt not less than se
five hundnd square feet. (Ord. 9t
1976)
Uses and strucn~es permittel by
coaditiod use permit.
The following uses and structures shall be per-
mined by conditional use permit:
( I) Residential uses of thm or more units per
lot: aczuai density to be determined as a part of
the conditional use permit:
(2) Motels or hotels;
(3) Child care nurseries. where there is pro-
vided on the lot or adjacent to the premises a
single play lot not less than six hundred square
feet in area, plus an additional seventy-five
square feet in area for each child in excess of nine:
such play lot shall not bt located in any required
front or side yard; and
onsite alcoholic beverage licenses: Densities for residential develoc
as approved by conditional ux
1986; Ord. 9450 0 1 (part), 1976) 9450 9 1 (part), 1976)
21.25.110 Lot width.
21.35.050 Building height. Every lot created after the effm ordinance Codified in this chapter
fett. (Ord. 9450 9 1 (part). 1976) widths not less than fifty feet at the
required front yard. (Ord. 9450 3
21.25.060 Froat yard. 21.25.120 Lot coverage.
Every lot in the C-LR zone shall have a fmnt
yard of not less than twenty fa except that
those professional and commercial uses permit-
ted in this zone may utilize this tiont yard area
(4) Restaurants inciuding restaurants with 21*25*100 Densi@ permitted*
(5) Bed and bmMast uses. (Ord 9800 0 8.
NO building sm exc& a height ofthirty-five
*
All buldings, including accrs!
and structures. shall not cover m
percent of the am of the lot. ((
(part), 1976)
611
0
*' Carlibad JoumaJ
Decreed A Legal Newspaper by the Superior Court of San 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 enti.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general
published twice weekly in the City of Carlsbad, County of San Diego, State of California
newspaper is published for the dissemination of local newsand intelligence of a general ch
which newspaper at all times herein mentioned had and still has a bona fide subscription Ii
subscribers, and which newspaper has been established, printed and published at regular
the said City of Carlsbad, County of San Diego, State of California, for a period exceeding or
preceding the date of publication 0.
hereinafter referred to; and that th
which the annexed is a printed cop)
published in each regular and entire i
newspaper and not in any supplemer NOTICE OF PUBLIC HEARING the following dates, to-wit: ZCA 88-4
NOTICE IS HEREBY GIVEN that ,the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 600 P.M., ,on Tuesday, June 14, 1988, to consider an amendment to the Zoning Ordinance to eliminate j Chapter 21.14, R-3L Zone, Chapter ~ 21.23, RD-H Zone, and Chapter 1 2135, C-LR Zone. If you have any questions, please.
.............. June. 3.. .......
...............................
Call the Planning Department at ~ ...............................
436-1161. 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 correspon- dence delivered to the City ofCarls- bad City Clerk's Office at ar prior to the public hearing. ............................... Applicant City of Carlsbad
CJ 5169: June 3,1986
...............................
CARLSBAD CITY COUNCIL
I certify under penalty of perjury that the foregoi
correct. Executed at Carlsbad, County of San Bi
Clerk (
#202-2M-i 2187
0 -- e NOTICE OF PUBLIC HEARING
ZCA 88-4
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold i
hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at
on Tuesday, June 14, 1988, to consider an amendment to the Zoning Ordinance to E
Chapter 21.14, R-3L Zone, Chapter 21.23, RD-H Zone, and Chapter 21.25, C-LR Zone
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
those issues you or someone else raised at the public hearing described in this
or in written correspondence delivered to the City of Carlsbad City Clerk's Offj
prior to the public hearing.
APPLICANT: City of Carlsbad
PUBLISH: June 3, 1988 CARLSBAD CITY COUNCIL
e NOTICE OF PUBLIC HEART@
NOTICE IS HEREBY GIVEN that the Planning Commission of the
of Carlsbad will hold a public hearing at the Council Cham
1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Wedne April 20, 1988, to consider approval of an amendment tc Zoning Ordinance to eliminate Chapter 21.14, R-3L Zone, Chi
21.23, RD-H Zone, and Chapter 21.25, C-LR Zone.
Those persons wishing to speak on this proposal are cord invited to attend the public hearing. If you have any quest
please call the Planning Department at 438-1161.
If you challenge the Zone Code Amendment in court, you me
limited to raising only those issues you or someone else rz
at the public hearing described in this notice or in wrj
correspondence delivered to the City of Carlsbad at or pric
the public hearing.
CASE FILE: ZCA 88-4
APPLICANT : CITY OF CARLSBAD
PUBLISH: APRIL 8, 1988
CITY OF CARLSBAD PLANNING COMMISSION
-I
(Form A)
e *
TO: CITY CLERK'S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice -
ZCA 88-4 - CITY OF CARLSBAD
for a public hearing before the City Council.
Please ~otice the item for the council meeting of
\ 9
JUNE k, 1988
Thank you.
Dat