HomeMy WebLinkAbout2011-12-13; City Council; 20759; SDU RENT RESTRICTIONSCITY OF CARLSBAD - AGENDA BILL
AB# 20.759 SDU RENT RESTRICTIONS
ZCA 11-04
DEPT. DIRECTOR Yff^
MTG. 12/13/11 SDU RENT RESTRICTIONS
ZCA 11-04 CITY ATTORNEY
DEPT. Clerk
SDU RENT RESTRICTIONS
ZCA 11-04 CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-166, approving a Zone Code Amendment to amend tlie second
dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance, ZCA 11-05.
ITEM EXPLANATION:
Ordinance No. CS-166 was introduced and first read at the City Council meeting held on
December 6, 2011. The second reading allows the City Council to adopt the ordinance which
will become effective thirty days after adoption. The City Clerk will have the ordinance
published within fifteen days, if adopted.
(Notwithstanding the prBceding, Ordinance No. CS-166 shall not be effective until approved by
the Califomia Coastal Commission.)
FISCAL IMPACT:
See AB #20,749 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
The proposed amendment is exempt from environmental review pursuant to CEQA Section
15061(b)(3), which exempts projects "where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment."
Amending the Zoning Ordinance to exclude non-inclusionary second dwelling units from low
income rent restrictions will not result in a significant effect on the environment.
EXHIBITS:
1. Ordinance No. CS-166.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.qov
FOR CITY CLERKS USE ONLY CONTINUED TO DATE SPECIFIC COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Exhibit 1
1 ORDINANCE NO. CS-166
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
3 AMENDMENT TO AMEND THE SECOND DWELLING UNIT
RENT RESTRICTIONS LOCATED WITHIN CHAPTER 21,10 OF
4 THE ZONING ORDINANCE,
CASE NAME: SDU RENT RESTRICTIONS
5 CASE NO.: ZCA 11 -04/LCPA 11 -05
6 The City Council of the City of Carlsbad, California, does ordain as follows:
7 SECTION 1: That sub-section 21,10,030.0,7 (R-1 One Family Residential Zone,
8 Second dwelling units) is amended to read as follows:
9 7, An owner signed and notarized a Notice of Restriction, to be recorded against
the property, declaring that:
10 a. The property owner(s) shall reside in either the main dwelling unit or the second
dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit;
11 b. The obligations and restrictions imposed on the second dwelling unit per this
Chapter are binding on all present and future property owners,
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2: That sub-section 21,10.030,E,15 (R-1 One Family Residential Zone,
Second dwelling units) is hereby repealed.
SECTION 3: That second dwelling units approved under section 21,10,030 prior to the
effective date of this ordinance shall be released from rental rate and/or tenant income
restrictions imposed as a condition of their approval; except however, that unit rental rate and/or
tenant income restrictions imposed on second dwelling units in accordance with chapter 21,85
(Inclusionary Housing) or other affordable housing assistance program, shall continue to be in
force and effect according to the terms of said program,
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 a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be
25 effective until LCPA 11-05 is approved by the California Coastal Commission.)
26
27
28
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
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 6**" day of December 2011, and thereafter,
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 13* day of December, 2011, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn and Packard.
NOES: None.
ABSENT: Council Member Douglas.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
ATTEST:
-^ORRtAINE M. WOOD, City Clerk
(SEAL)
-2-