HomeMy WebLinkAbout2015-10-06; City Council; 22107; Zoning Ordinance, Zone Change, Local Coastal Amendments13
CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
22,107
10/6/15
Clerk
APPROVING A ZONING ORDINANCE AMENDMENT,
ZONE CHANGE AND LOCAL COASTAL PROGRAM
AMENDMENT TO ENSURE CONSISTENCY WITH THE
UPDATED GENERAL PLAN BY AMENDING THE
ZONING MAP, AMENDING THE MINIMUM
RESIDENTIAL DENSITY FOR MIXED USE, REMOVING
THE REFERENCES TO "RHNA BASE" DENSITY, AND
AMENDING THE OFFICE ZONE TO CONDITIONALLY
PERMIT PROFESSIONAL CARE FACIUTIES.
DEPT. DIRECTOR
CITYATTORNEY (jjfij
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-287, approving a Zoning Ordinance Amendment, Zone Change and Local
Coastal Program Amendment to ensure consistency with the updated General Plan by amending
the Zoning Map, amending the minimum residential density for Mixed Use, removing the
references to "RHNA Base" density, and amending the Office Zone to conditionally permit
Professional Care Facilities.
ITEM EXPLANATION:
Ordinance No. CS-287 was introduced and first read at the City Council meeting held on
September 22, 2015. 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 or a
summary ofthe ordinance published within fifteen days, if adopted.
FISCAL IMPACT:
See AB #22,094 on file in the Office ofthe City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change in
environment, or a reasonably foreseeable indirect physical change in the environment, and
therefore does not require environmental review.
EXHIBIT:
1. Ordinance No. CS-287.
DEPARTMENT CONTACT: Shelley Collins 760-434-2808 Shelley.Collins(S)carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
ORDINANCE NO. CS-287
1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
2 CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT, ZONE
CHANGE, AND LOCAL COASTAL PROGRAM AMENDMENT TO ENSURE
3 CONSISTENCY WITH THE UPDATED GENERAL PL^N BY AMENDING THE
ZONING MAP, AMENDING THE MINIMUM RESIDENTIAL DENSITY FOR
4 MIXED USE, REMOVING THE REFERENCES TO "RHNA BASE" DENSITY, AND
AMENDING THE OFFICE ZONE TO CONDITIONALLY PERMIT
PROFESSIONAL CARE FACILITIES.
CASE NAME: GENERAL PLAN UPDATE
CASE NO.: ZCA 07-01/ZC 15-02/LCPA 07-02
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The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council did on July 18, 2015 hold a duly noticed joint public hearing
with the Planning Commission, as prescribed by law to receive a staff presentation and public testimony
regarding said request; and
WHEREAS, the City Council adjourned their public hearing on July 18, 2015 and the
Planning Commission continued their public hearing on July 22, 23 and 24, 2015, as prescribed by law to
consider said request; and
WHEREAS, the City Council did on September 22, 2015 hold a duly noticed public hearing
as prescribed by law to consider the Planning Commission's recommendation on said request; and
WHEREAS, at said public hearings, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating to
ZCA 07-01/ZC 15-02/LCPA 07-02 - GENERAL PLAN UPDATE; and
WHEREAS, on August 25, 2015, the City Council approved the Agua Hedionda South Shore
Specific Plan, which includes revisions to the Zoning Map.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION I: That Section 21.05.030 ofthe Carlsbad Municipal Code, being the Zoning Map
and the Local Coastal Program Zoning Map are amended as shown on map marked "Exhibit XI - ZONING
MAP (ZC 15-02/LCPA 07-02)" dated July 18, 2015, and as revised by Planning Commission "Errata Exhibit
E", attached hereto and made a part hereof, and as revised per the Agua Hedionda South Shore Specific
Plan, on file with the City Clerk and incorporated herein by reference.
1 SECTION II: That Section 21.26.015.C (Residential Uses in the C-1 Zone) is amended to read
2 as follows:
^ C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per
Table 2-4 of the general plan land use and community design element, subject to approval of a site
development plan processed in accordance with Chapter 21.06 ofthis title.
1. Density and yield of residential uses shall be determined consistent with the
residential density calculations and residential development restrictions in Section 21.53.230 ofthis title and
shall be based on twenty-five percent ofthe developable area. Unit yield in excess ofthe minimum shall be
subject to the finding in subsection 2 below. In no case shall the calculation preclude the development of at
least one dwelling unit in a mixed use development.
2. Residential uses shall be secondary and accessory to the primary commercial use of
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23 the site. Compliance with this provision shall be evaluated as part ofthe site development plan.
14 SECTION III: That Section 21.28.015.C (Residential Uses in the C-2 Zone) is amended to read
15 as follows:
16 C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per
1^ Table 2-4 of the general plan land use and community design element, subject to approval of a site
development plan processed in accordance with Chapter 21.06 ofthis title.
1. Density and yield of residential uses shall be determined consistent with the
residential density calculations and residential development restrictions in Section 21.53.230 ofthis title and
shall be based on twenty-five percent ofthe developable area. Unit yield in excess ofthe minimum shall be
subject to the finding in subsection 2 below. In no case shall the calculation preclude the development ofat
least one dwelling unit in a mixed use development.
2. Residential uses shall be secondary and accessory to the primary commercial use of
the site. Compliance with this provision shall be evaluated as part ofthe site development plan.
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1 SECTION IV: That Section 21.29.030 (Permitted uses) is amended by the addition of the
2 following use:
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USE P CUP Acc
Residential uses (subject to Section 21.29.035 ofthis title) X
5 SECTION V: That Section 21.29.035 (Residential uses in the C-T Zone) is added as
^ follows:
21.29.035 Residential uses in the C-T zone.
Mixed use developments that propose residential uses in combination with commercial uses shall
comply with the following requirements.
A. Residential uses shall be located above the ground floor of a multi-storied commercial
building with one or more ofthe non-residential uses permitted by Section 21.29.030 ofthis title located on
the ground floor.
B. Residential uses shall be subject to the requirements of the chapters of this title, which
include but are not limited to. Chapter 21.29, Chapter 21.44, and in the case of airspace subdivisions. Chapter
21.47.
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17 C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per
18 Table 2-4 of the general plan land use and community design element, subject to approval of a site
19 development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the
residential density calculations and residential development restrictions in Section 21.53.230 of this title and
shall be based on twenty-five percent ofthe developable area. Unit yield in excess ofthe minimum shall be
subject to the finding in subsection 2 below. In no case shall the calculation preclude the development ofat
least one dwelling unit in a mixed use development.
2. Residential uses shall be secondary and accessory to the primary visitor-serving
commercial use ofthe site. Compliance with this provision shall be evaluated as partof the site development
plan.
1 SECTION VI: That Section 21.31.065.C (Residential Uses in the C-L Zone) is amended to read
2 as follows:
3 C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per
Table 2-4 of the general plan land use and community design element, subject to approval of a site
development plan processed in accordance with Chapter 21.06 ofthis title.
1. Density and yield of residential uses shall be determined consistent with the
residential density calculations and residential development restrictions in Section 21.53.230 ofthis title and
shall be based on twenty-five percent ofthe developable area. Unit yield in excess ofthe minimum shall be
subject to the finding in subsection 2 below. In no case shall the calculation preclude the development ofat
least one dwelling unit in a mixed use development.
2. Residential uses shall be secondary and accessory to the primary commercial use of
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23 the site. Compliance with this provision shall be evaluated as part of the site development plan.
14 SECTION Vll: That Section 21.53.230(e) (Residential density calculations, residential
15 development restrictions on open space and environmentally sensitive lands) is amended to read as follows:
16 (e) The potential unit yield for a property, based on the minimum, growth management control
1^ point (GMCP), or maximum density of the applicable general plan land use designation, shall be subject to
the following:
(1) Equation used to determine unit yield: developable lot area (in acres) x density =
unit yield.
(A) "Density" used in this calculation is the minimum, GMCP, or maximum
density of the applicable general plan land use designation;
(B) The resulting unit yield shall be subject to Table A, below.
(2) For purposes of this section:
(A) "Rounded-up" means rounding the fractional unit yield up to the next whole
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(B) "Rounded-down" means rounding the fractional unit yield down to the
previous whole unit, but not less than one unit.
(3) The information contained in Table A, below, shall not preclude the city from
approving residential densities above the GMCP, or maximum density ofthe applicable land use designation,
subject to adopted city policies and regulations.
Table A
Unit Yield Rounding
Density Used for
Calculation
Unit Yield Includes a Provisions for Unit Yield Rounding
MINIMUM fractional unit of .5 or greater SHALL be rounded-up ^ MINIMUM
fractional unit below .5 MAY be rounded-down^
GMCP fractional unit of .5 or greater MAY be rounded-up ^ GMCP
fractional unit below .5 SHALL be rounded-down
MAXIMUM fractional unit SHALL be rounded-down
Notes:
1) Unless the project density is allowed below the minimum of the density range,
pursuant to the General Plan.
2) Unit yields rounded-down pursuant to this provision that result in a density below
the minimum density ofthe applicable land use designation shall be considered consistent with the General
Plan.
3) Subject to a fractional and/or whole unit allocation from the "excess dwelling unit
bank" and provided the maximum density of the applicable land use designation is not exceeded.
SECTION Vlll: That Table A of Section 21.27.020 (Permitted uses in the Office Zone) is
proposed to be amended by the addition ofthe following use:
Use P CUP Acc
Professional Care Facilities (defined: Section 21.04.295) 2
SECTION IX: That the findings of the Planning Commission in Planning Commission
Resolution No. 7112 shall also constitute the findings ofthe City Council.
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1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city
2 clerk shall certify the adoption ofthis ordinance and cause the full text ofthe ordinance or a summary of the
^ ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation
in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding tiie preceding, tiiis ordinance
shall not be effective within the Coastal Zone until LCPA 07-02 is approved by the CaHfornia Coastal
Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the
22""^ day of September, 2015, and thereafter.
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PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of Carlsbad on
the 6**^ day of October, 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Hall, Blackburn, Schumacher, Wood, Packard.
None.
None.
None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
RBARA ENGLESON?City Clerk
(SEAL)
'"/,*u^^^'
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ORDINANCE NO. CS-287
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A ZONING ORDINANCE AMENDMENT, ZONE CHANGE, AND LOCAL 3m p
COASTAL PROGRAM AMENDMENT TO ENSURE CONSISTENCY WITH THE UPDATED
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County afo resaid : I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
The San Diego Union Tribune
Formerly known as the North County Times and
UT North County and which newspaper has been
adjudicated as a newspaper of general circulation
by the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree numbers
171349 & 172171, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than nonpariel), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to-wit:
October 13th, 2015
G(.NERAL Pi.AN BY AMENDING THE ZONING MAP, AMENDING THE MINIMUM
RESIDENTIAL DENSITY FOR MIXED USE, REMOVING THE REFERENCES TO "RHNA BASE"
DENSITY, AND AMENDING THE OFFICE ZONE TO CONDITIONALLY PERMIT
PROFESSIONAL CARE FACILITIES.
CASE NAME: GENERAL PLAN UPDATE CASE NO.: ZCA 07-01/ZC 15-02/LCPA 07-02
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council did on July 1 8, 201 5 hold a duly noticed joint public hear-
Ing with the Planning Commission, as prescribed by law to receive a staff presenta-
tion and public testimony regarding said request; and
WHEREAS, the City Council adjourned their public hearing on July 18, 2015 and the
Planning Commission continued their public hearing on July 22,23 and 24,2015, as
prescribed by law to consider said request; and
WHEREAS, the City Council did on September 22, 2015 hold a duly noticed public
hearing as prescribed by law to consider the Planning Commission's recommenda-
tion on said request; and
WHEREAS, at said public hearings, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council conslder~d all
factors relating to ZCA 07-01/ZC 15-02/LCPA 07-Q2-GENERAL PLAN UPDATE; and
WHEREAS, on August 25, 2015, the City Council approved the Agua Hedionda South
Shore Specific Plan, which includes revisions to the Zoning Map.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That Section 21 .05.030 of the Carlsbad Municipal Code, being the Zoning
Map and the Local Coastal Program Zoning Map are amended as shown on map
marked "Exhibit X1 -ZONING MAP (ZC 1 5-02/LCPA 07-02)" dated July 18, 2015, and
as revised by Planning Commission "Errata Exhibit E~ attached hereto and made a
part hereof, and as revised per the Agua Hedionda South Shore Specific Plan, on file
with the City Clerk and incorporated herein by reference.
SECTION II: That Section 21 .26.015.C (Residential Uses In the C-1 Zone) Is amended
to read as follows: C. Residential uses shall be constructed at a minimum density of 15 dwelling units
per acre, per Table 2-4 of the general plan land use and community design element,
subject to approval of a site development plan processed In accordance with Chapter
21 .06 of this title.
1. Density and yield of residential uses shall be determined consistent with the resi-
dential density calculations and residential development restrictions lr11 Section
21.53.230 of this title and shall be based on twenty-five percent of the developable
area. Unit yield In excess ofthe minimum shall be subject to the finding In subsection
2 below. In no case shall the calculation preclude the development of at least one
dwelling unit In a mixed use development.
2. Residential uses shall be secondary and accessory to the primary commercial use
of the site. Compliance with this provision shall be evaluated as part of the site de-·
velopment plan. SECTION Ill: That Section 21 .28.015.C (Residential Uses In the C-2 Zone) Is amended
to read as follows: · C. Residential uses shall be constructed at a minimum density of 15 dwelling units
per acre, per Table 2-4 of the general plan land use and community design element,
subject to approval of a site development plan processed in accordance with Chapter
21.06 of this title. 1. Density and yield of residential uses shall be determined consistent with the resi-
dential density calculations and residential development restrictions in Section
21 .53.230 of this title and shall be based on twenty-five percent of the developable
area. Unit yield In excess of the minimum shall be subject to the finding In subsection
2 below. In no case shall the calculation preclude _the development of at least one
dwelling unit In a mixed use development.
2. Residential uses shall be secondary and accessory to the primary commercial use
of the site. Compliance with this provision shall be evaluated as part of the site de-
velopment plan.
SECTION IV: That Section 21.29.030 (Permitted uses) is amended by the addition of
the following use:
USE P CUP Ace
Residential uses (subject to Section 21 .29.035 of this title) X
SECTION V: That Section 21.29.035 (Residential uses in the C-T Zone) is added as
follows:
21 .29.035 Residential uses In the C-T zone.
Mixed use developments that propose residential uses In combination with commer-
cial uses shall comply with the following requirements.
A. Residential uses shall be located above the ground floor of a multi-storied com-
mercial building with one or more of the non-residential uses permitted by Section
--"'T-:~-;-:.,--,---;--;,.--,---;--------,,.,..-----,::---.,..---....,..------21.29.030 of this title located on the ground floor. I certify (or declare) under penalty of penury that B.Resldentlalusesshallbesubjecttotherequirementsofthechaptersofthistitle, • J which Include but are not limited to, Chapter 21 .29, Chapter 21.44, and in the case of
th f ' · t d t alrspacesubdlvlslons,Chapter21.47. e oregolng IS rue an correc ' c. Residential uses shall be constructed at a minimum density of 15 dwelling units
per acre, per Table 2-4 of the general plan land use and community design element,
subjectto approval of a site development plan processed In accordance with Chapter
Jane Allshouse
The San Diego Union Tribune
Legal Advertising
21 .06 of this title. 1. Density and yield of residential uses shall be determined consistent with the resi-
dential density calculations and residential development restrictions In Section
21.53.230 of this title and shall be based on twenty-five percent of the developable
area. Unit yield In excess of the minimum shall be subject to the finding In subsection
2 below. In no case shall the calculation preclude the development of at least one
dwelling unit In a mixed use development.
2. Residential uses shall be secondary and accessory to the primary visitor-serving
commercial use of the site. Compliance with this provision shall be evaluated as part
of the site development plan.
SECTION VI: That Section 21 .31 .065.C (Residential Uses in the C-L Zone) is amended
to read as follows: C. Residential uses shall be constructed at a minimum density of 15 dwelling units
per acre, per Table 2-4 of the general plan land use and community design element,
subjectto approval of a site development plan processed In accordance with Chapter
21.06 of this title. 1. Density and yield of residential uses shall be determined consistent with the resi-
dential density calculations and residential development restrictions In Section
21.53.230 of this title and shall be based on twenty-five percent of the developable
area. Unit yield In excess of the minimum shall be subject to the finding In subsection
2 below. In no case shall the calculation preclude the development of at least one
dwelling unit In a mixed use development. 2. Residential uses shall be secondary and accessory to the primary commercial use
of the site. Compliance with this provision shall be evaluated as part of the site de-
velopment plan.
SECTION VII: That Section 21 .53.230(e) (Residential density calculations, residential
development restrictions on open space and environmentally sensitive lands) is
amended to read as follows: (e) The potential unit yield for a property, based on the minimum, growth manage-
ment control point (GMCP), or maximum density of the applicable general plan land
use designation, shall be subject to the following:
(1) Equation used to determine unit yield: developable lot area (In acres) x density ;
unit yield. (A) "Density" used In this calculation is the minimum, GMCP. or maximum density of
the applicable general plan land use designation;
(B) The resulting unit yield shall be subject to Table A, below.
(2) For purposes of this section:
(A) "Rounded-up" means rounding the fractional unit yield up to the next whole unit;
and (B) "Rounded-down" means rounding the fractional unit yield down to the previous
whole unit, but not less than one unit.
(3) The Information contained In Table A, below, shall not preclude the city from ap-
proving residential densities above the GMCP, or maxi mull) density of the applicable
land use designation, subject to adopted city policies and regulations.
lil!k.A Unit Yield Rounding
Density Used for Unit Yield Includes a Provisklns for Unit Yield
Calculation Rounding
MINIMUM fractional unit of .Sorqreater SHALL be rounded-uP 1
fractional unit below .5 MAY be rounded-down'
GMCP fractional unit of .Sorgreater MAYbe rounded-up'
fractional unit below .5 SHALL be rounded-down
MAXIMUM fractional unit SHALL be rounded-down
Notes: . 1) Unless the project density is allowed below the minimum of the density range,
pursuant to the General Plan. 2) Unit yields rounded-down pursuant to this provision that result In a density below
the minimum density of the applicable land use designation shall be considered con-
sistent wlth1he General Plan.
3) Subject to a fractional and/or whole unit allocation from the "excess dwelling unit
bank" and provided the maximum density of the applicable land use designation is
not exceeded. SECTION VIII: ThatTable A of Section 21.27.020 (Permitted uses In the Office Zone) Is
proposed to be amended by the addition of the following use:
Use P CUP Ace
Professional Care Facilities (defined: Section 21 .04.295) 2
SECTION IX: That the findings of the Planning Commission In Planning Commission
Resolution No. 71 1 2 shall also constitute the findings of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause the full text of the
ordinance or a summary of the ordinance prepared by the City Attorney to be pub-
lished at least once In a newspaper of general circulation In the City of Carlsbad
within fifteen days after Its adoption. (Notwithstanding the preceding, this ordi-
nance shall not be effective within the Coastal Zone until LCPA 07-02 ls approved by
the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 22nd day of September, 2015, and thereafter.
_ ....
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carls-
bad on the 6th day of October, 2015, by the following vote, to wit:
AYES: Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney MATI HALL, Mayor
ATIEST:
BARBARA ENGLESON, City Clerk
(SEAL)
-J
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
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 the principal clerk
of the printer of
The San Diego Union Tribune
Formerly known as the North County Times and
UT North County and which newspaper has been
adjudicated as a newspaper of general circulation
by the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree numbers
171349 & 172171, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than nonpariel), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to-wit:
October 13th, 2015
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Oceanside, California
On This 13th, of October 2015
Jane Allshouse
The San Diego Union Tribune
Legal Advertising
ORDINANCE NO. CS-287
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT,
ZONE CHANGE, AND LOCAL COASTAL PROGRAM AMENDMENT TO ENSURE CONSISTENCY WITH THE UPDATED GENERAL PLAN
• BY AMENDING THE ZONING MAP, AMENDING THE MINlMUM RESIDENTIAL DENSITY FOR MIXED USE, REMOVING THE REFERENCES
TO "RHNA BASE" DENSITY, AND AMENDING THE OFFICE ZONE TO CONDITIONALLY PERMIT PROFESSIONAL CARE FACILITIES.
CASE NAME: GENERAL PLAN UPDATE
CASE NO.: ZCA 07-01/ZC 15-02/LCPA 07-02
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council did on July 18, 2015 hold a duly noticed joint public hearing
with the Planning Commission, as prescribed by law to receive a staff presentation and
public testimony regarding said request; and "
WHEREAS. the City Council adjourned their public hearing on July 18. 2015 and the
Planning Commission continued their public hearing on July 22, 23 and 24, 2015, as pre-
scribed by law to consider said request; and
WHEREAS, the City Council did on September 22, 2015 hold a duly noticed public hear-
ing as prescribed by law to consider the Plaruting Commission's recommendation on said
request; and
WHEREAS, at said public hearings, upon hearing and considering all testimony anc;l
arguments, if any, of all persons desiring to be heard, said City Council considered all factors
relating to ZCA 07-01/ZC 15-02/LCPA 07-02-GENERAL PLAN UPDATE; and
WHEREAS, on August 25, 2015, the City Council approved the Agua Hedionda South Shore Specific Plan, which includes revisions to the Zoning Map.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordein as
follows:
SECTION 1: That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning
Map and the Local Coastal Program Zoning Map are amended as shown on map marked "Exhibit X1 -ZONING MAP (ZC 15-02/LCPA 07-Q2)" dated July 18, 2015, and as revised by
Planning Commission "Errata Exhibit E", attached hereto and made a part hereof, and as
revised per the Agua Hedionda South Shore Specific Plan, on file with the City Clerk and incorporated herein by reference. ,
SECTION II: That Section 21.26.015.C (Residential Uses in the C-1 Zone) is amended to
read as follows:
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per
acre, per Table 2·4 of the general plan land use and community design element, subject to
approval of a site development plan processed in accordance with Chapter 21.06 of this title.
1 1. Density and yield of residential uses shall be determined consistent with the resi·
dential density calculations and residential development restrictions in Section 21.53.230
of this title and shall be based on twenty·five percent of the developable area. Unit yield
in excess of the minimum shall be subject to the finding in subsection 2 below. In no case
shall the calculation preclude the development of at least one dwelling unit in a mixed use
development.
2. Residential uses shall be secondary and accessory to the primary commercial use of the
site. Compliance with this provision shall be evaluated as part of the site development plan.
SECTION ill: That Section 21.28.015.C (Residential Uses in the C-2 Zone) is amended
to read as follows:
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per
acre, per Table 2-4 of the general plan land use and community design element, subject to
approval of a site development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the resi-
dential density calculations and residential development restrictions in Section 21.53.230
of this title and shall be based on twenty-five percent of the developable area. Unit yield
in excess of the minimum shall be subject to the finding in subsection 2 below. In no case
shall the calculation preclude the development of at least one dwelling unit in a mixed use development.
2. Residential uses shall be secondary and accessory to the primary commercial use of the
site. Compliance with this provision shall be evaluated as part of the site development plan.
· SECTION IV: That Section 21.29.030 (Permitted uses) is amended by the addition of the following use:
SECTION V: That Section 21.29.035 (Residential uses in the C-T Zone) is added~ fol-lows:
21.29.035 Residential uses in the C·T zone.
Mixed use developments that propose residential uses in combination with commercial
uses shall comply with the following requirements.
A Residential uses shall be located above the ground floor of a multi-storied commercial
building with one or more of the non·residential uses permitted by Section 21.29.030 of this title located on the ground floor.
B. Residential uses shall be subject to the requirements of the chapters of this title, which
include but are not limited to, Chapter 21.29, Chapter 21.44, and in the case of airspace
subdivisions, Chapter 21.47.
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per
acre, per Table 2·4 of the general plan land use and community design element, subject to
approval of a site development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the resi·
dential density calculations and residential development restrictions in Section 21.53.230
of this title and shall be based on twenty·five percent of the developable area. Unit yield
in excess of the minimum shall be subject to the finding in subsection 2 below. In no case
shall the calculation preclude the development of at least one dwelling unit in a mixed use development.
2. Residential uses shall be secondary and accessory to the primary visitor-serving com-.
mercial use of the site. Compliance with this provision shall be evaluated as part of the
site development plan.
SECTION VI: That Section 21.31.065.C (Residential Uses in the C-L Zone) is amended
to read as follows:
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per
acre, per Table 2·4 of the general plan land use and community design element, subject to
approval of a site development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the resi·
dential density calculations and residential development restrictions in Section 21.53.230
of this title and shall be based on twenty· five percent of the developable area. Unit yield
in excess of the minimum shall be subject to the finding in subsection 2 below. In no case
shall the calculation preclude the development of at least one dwelling unit in a mixed use
development.
2. Residential uses shall be secondary and accessory to the primary commercial use of the
site. Compliance with this provision shall be evaluated as part of the site development plan.
SECTION VII: That Section 21.53.230(e) (Residential density calculations, residential
developqtent restrictions on open space and' environmentally sensitive lands) is amended to read as follows:
(e) The potential unit yield for a property, based on the minimum, growth management
control point (GMCP), or maximum density of the applicable general plan land use designa·
tion, shall be subject to the following:
(1) Equation used to determine unit yield: developable lot area (in acres) x density = unit yield.
(A) "Density" used in this calculation is the minimum, GMCP, or maximum density of the
applicable general plan land use designation;
(B) The resulting unit yield shall be subject to Table A, below.
(2) For purposes of this section:
(A) ~Rounded-up" means rounding the fractional unit yield up to the next whole unit;
and
(B) "Rounded·down" means rounding the fractional unit yield down to the Previous
whole unit, but not less than one unit.
(3) The information contained in Table A, below, shall not preclude the city from approv·
ing residential densities above the GMCP, or'maximu!ll density of the applicable land ·use
designation, subject to adopted city policies and regulations.
Table A Unit Yield Rounding
Notes:
1) Unless the project density is allowed below the minimum of the density range, pursu·
ant to the General Plan.
2) Unit yields rounded·down pursuant to this provision that result in a density below
the minimum density of the applicable land use designation shall be considered consistent with the General Plan.
3) Subject to a fractional and/or whole unit allocation from the "excess dwelling unit
bank" and provided the maximum density of the applicable land use designation is not
exceeded.
SECTION Vill: That Table A of Section 21.27.020 (Permitted uses in the Office Zone) is
proposed to be amended by the addition of the following use:
Use
Professional Care Facilities (defined: Section_21.04.295)
SECTION IX: That the findings of the Planning Qonunission in Planning Commission
Resolution No. 7112 shall also constitute the findings of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause the full text of the ordi-
nance or a summary of the ordinance prepared by the City Attorney to be published at least
once in a newspaper of general circulation in the City of Carlsbad within fifteen days after
its adoption. (Notwithstanding the preceding, this ordinance shall not be effective within
the Coastal Zone until LCPA 07-02 is approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the
22nd day of September, 2015, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 6th day of October, 2015, by the following vote, to wit:
AYES: Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk