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Home My WebLink About1992-07-21; City Council; 11800; ADOPTION OF ORDINANCE NO. NS-207 AFFORDABLE HOUSING VIA SITE DEVELOPMENT PLAN PROCEDURES - ZCA 92-02I Y P 6 h < 9 2 .. z 0 - b a d 0 z 3 0 0 DE AFFORDABLE HOUSING VIA SITE DEVELOPMENT CI1 AB# '! goo MTG.7/21/92. TITLE: ADOPTION OF ORDINANCE NO. NS-207 DEPT.~~ PLAN PROCEDURES - ZCA 92-2. CI1 RECOMMENDED ACTION: Adopt Ordinance No. NS-207, approving an amendment to various chapters and sect of Title 21 of the Carlsbad Municipal Code to allow the consideration of standard! affordable housing projects via Site Development Plan procedures. ITEM EXPLANATION Ordinance No. NS-207 was introduced and first read at a regular City Council met on July 14, 1992. The second reading allows Council to adopt the ordinance w would then become effective in thirty days. The City Clerk will have the ordin published in the "Carlsbad Journal" within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 11,797 on file with the City Clerk. EXHIBIT 1. Ordinance No. NS-207. * # I 1 2 3 4 5 6 7 8 ' lo Il 12 13 14 15 l6 17 19 I.g 20 21 22 23 24 25 26 27 28 e 0 ORDINANCE NO. NS-207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 21.53 AND 21.04 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW THE CONSIDERATION OF STANDARDS FOR AFFORDABLE HOUSING PROJECTS. SECTION 1: That Title 21, Chapter 21.04 Carlsbad Municipal Code is amended by the addition of 21.04.021 to read as follows: 1121.04.021. Affordable Housing. "Affordable Housingrr means housing for whi allowable housing expenses for a for-sale or rental dwelli paid by a household would not exceed 30 percent of thc monthly income for target income levels, adjusted for ho size." SECTION 2: That Title 21, Chapter 21.04 Carlsbad Municipal Code is amended by the addition of 21.04.186 to read as follows: t121.04.186. Household - Low-Income. IILow-Income Householdgt means those household: gross income is at Beast 50 percent but less than 80 per the median income for San Diego County as determined annu the U.S. Department of Housing and Urban Development.I1 SECTION 3: That Title 21, Chapter 21.04 Carlsbad Municipal Code is amended by the addition of 21.04.187 to read as follows: I 1121.04. 187. Household - Moderate Income. I1Moderate-Income Householdll means those hoL whose gross income is at least 80 percent but less t percent of the median income for San Diego County as det annually by the U.S. Department of Housing and Development. VI SECTION 4.: That Title 21, Chapter 21.04 Carlsbad Municipal Code is amended by the addition of 21,04t188e 1121.04.188. Household - Verv Low-Income. Very Low-Income Household1! means a household a gross income equal to 50 percent or less of the medial 1 2 3 4 5 6 7 8 9 10 'I. l2 l3 l4 15 l6 e m for San Diego County as determined annually by the U.S. Department of Housing and Urban Development.It SECTION 5: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.189 to read as follows: "21.04.189. Income Level - Tarset. "Target Income Level" means the income standards for very low, low and moderate income levels within San Diego County as determined annually by the U.S. Department of Housing and Urban Development and adjusted for family size." SECTION 6: That Title 21, Chapter 21.53 of the Municipal Code is amended by the amendment to Section Carlsbad 21.53.120 to read as follows: "2 1.53.12 0. Affordable housin multi-family residential projects - site development plan reLired. (a) Notwithstanding anything to the contrary in this code, no building permit or other entitlement shall be issued for any multi-family residential development having more than four dwelling units or an affordable housing project of any size unless a site development plan has been approved for the project. The site development plan shall be processed pursuant to Chapter 21.06 (Q-Overlay Zone) of this code. A site development plan for a multi-family residential project (not affordable) shall not be required for any project processed pursuant to Chapter 21.45 of this code. (b) Multi-family residential and affordable housinq - I' 2o 21 22 23 25 24 26 27 28 1 with fifty dwelling units or less. The Planning Commission's decision may be appealed to the City Council as provided in Chapter 21.06. For 2rojects with more than fifty units, the Flczrning Commission shall hold a public hearing and make a report I and recommendation to the City Council. The City Council, after public hearing noticed as provided in Section 21.54.060(1) of this code, shall approve, conditionally approve or deny the site development plan. I I (c) DeveloDment Standards. The development (both for multi-family residential and affordable housing) shall be subject to the development standards of the zone in which the development is located and/or any applicable Specific or Master Plan except for affordable housing projects as expressly modified by the site development plan. The site development plan for Affordable Housing Projects may allow less restrictive development standards than specified in the underlying zone or elsewhere provided that the project is in conformity with the General Plan and adopted policies and goals 2 A r i 1 2 3 4 5 6 7 8 9 10 11 l2 13 l4 l5 l6 I" l8 e a of the City, and it ?would have no detrimental effect on health, safety and welfare. In addition, the Planning comm or the City Council in approving a site development pli impose special conditions or requirements which are restrictive than the development standards in the underlyir or elsewhere that include provisions for, but are not limit the following: (1) Density of use; (2) Compati.bility with surrounding properties ar uses ; (3) Parking standards; (4) Setbacks, yards, active and passive open required as part of the entitlement process, and c recreational facilities; (5) Height and bulk of buildings; (6) Fences and walls; (7) Signs: (8) Additional landscaping; (9) Grading, slopes and drainage; (10) Time period within which the project or any of the project shall be completed: (11) Points of ingress and egress; (12) Such other conditions as deemed necess ensure conformity with the General Plan and other i policies, goals-or objectives of the City. (d) In addition the Planning Commission or City ( may require that the developer provide public improvements on or off the subject site as are needed to serve the p: created by the project. (e) No more than fifty percent of the portion of containing twenty-five to forty percent slopes may be Resi u for calculating allowable residential density. development on slopes with an inclination of twenty-five t percent inclusive shall be designed to minimize the amc grading necessary to accommodate the project. For p within the coastal zone, the grading provisions of the C development or to mitigate public facilities needs or 19 2o 21 22 23 24 25 26 27 28 ~ Local Coastal Program shall apply.tv SECTION 7: That Title 21, Chapter 21.04, I 21.04.210 of the Carlsbad Municipal Code is amended to follows: 112 1.04.2 10 Lot. "Lotvv means a parcel of record legally crei subdivision map, adjustment plat, certificate of complia a parcel legally in existence prior to incorporation of into the jurisdiction of the City. Any parcel created I: May 1, 1956, shall be presumed to be lawfully created parcel resulted from a division of land in which fewer tk parcels were created. A lot shall have frontage that usable access on a dedicated public street or a public dc easement accepted by the City. This street or easemen 3 1 2 3 4 5 ' 7 8 9 lo 'I. l2 13 14 15 16 17 18 19 1 m e have a minimum width of thirty feet. Special lot and street configurations for Affordable Housing projects may be allowed subject to the provisions of Section 21.53.120 of this code.Il SECTION 8: That Title 21, Chapter 21.06, Section 21.06.090 of the Carlsbad Municipal Code is amended to read as follows: tt21.06.090 Development standards. Property in the Q zone shall be subject to the development standards required in the underlying zone and any applicable specific plans, except for Affordable Housing Projects as expressly modified by the site development plan. The site development plan for Affordable Housing Projects may allow less restrictive development standards than specified in the underlying zone or elsewhere provided that the project is in conformity with the General Plan and adopted policies and goals of the City, and it would have no detrimental effect on public health, safety and welfare. In addition, the Planning Commission or the City Council in approving a site development plan may impose special conditions or requirements which are more restrictive than the development standards in the underlying zone or elsewhere that include provisions for, but are not limited to, the following: . (1) Special setbacks, yards active or passive open space: required as part of the entitlement process : (2) Special height and bulk of building regulations; (3) Fences and walls; (4) Regulation of signs; (5) Additional landscaping; (6) Special grading restrictions (7) Requiring street dedication and improvements (or posting of bonds) ; (8) Requiring public improvements either on or off the subject site that are needed to service the 20 21 22 23 24 25 26 27 28 proposed development; (9) Time period within which the project or any phases of the project shall be completed: (10) Regulation of point of ingress and egress: (11) Such other conditions as deemed necessary to insure conformity with the General Plan and other adopted policies, goals or objectives of the City. However, it is not intended that the review of the Site Development Plan shall include aesthetic aspects such as: (1) Color; (2) Texture; (3) Materials; (4) Adornments. I' **. 4 < A 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 e 0 EFFECTIVE DATE: This ordinance shall be eff thirty days after its adoption, and the City Clerk shall c to the adoption of this ordinance and cause it to be publiz least once in the Carlsbad Journal within fifteen days aft adoption. INTRODUCED AND FIRST READ at a regular meeting Carlsbad City Council on the 14th day of JULY 1992, and thereafter PASSED AND ADOPTED at a regular meeting of tF Council of the City of Carlsbad on the 21st day of JULY 1992, by the following vote, to wit: AYES : Council Members Lewis, Kulchin, Nygaard NOES ! None ABSENT: Council Members Larson, Stanton APPROVED AS TO FORM AND LEGALITY 18 19 20 21 22 23 24 25 26 27 28 7. a2a72//pq ~ ,v , r ,,/,t,;;; ,i/ I // di /L CLAUDE ‘A. LEWIS, Mayor ATTEST: w #?. @a- , ALETHA L. RAUTENKRANZ, City Cl$rk I (i 5