HomeMy WebLinkAbout1988-09-20; City Council; 9644; CORRECTION OF TYPOGRAPHICAL ERRORS IN THE HILLSIDE DEVELOPMENT REGULATIONS (ZCA 88-07|CITY OF CARLSBAD)h
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REGULATIONS CI1
CI1
Cl-r)OF CARLSBAD - AGENWBILL ,
CORRECTION OF TYPOGRAPHICAL ERRORS DE TITLE: IN THE HILLSIDE DEVELOPMENT
ZCA 88-7 - CITY OF CARLSBAD
AB# 9bq4
MTG. 9/20/88
DEPT. PLN
RECOMMENDED ACTION:
Both the Planning Commission and staff are recommendinc
the City Council introduce Ordinance No. NS-3 7 APP ZCA 88-7.
ITEM EXPLANATION
This zone code amendment will correct an inaccurate reference in three subsections of the Hillside Devel Ordinance. Subsections 21.95.030(4), 21.95.040(a 21.95.040(b) all refer to Section 21.53.120 of the ordinance. When the Hillside Development regulation: being drafted Section 21.53.120 of the zoning ordinance with residential density calculations and developabili environmentally constrained lands. At approximately th
time the Hillside Development Ordinance was being prepar Zoning Ordinance was being recodified to implement the La
Committee's recommendation. This resulted in the Hi Development Regulations cross-referencing to the new s
21.53.120 which requires a site development plan for
The correction will have the family projects. subsections of the Hillside Development Ordinance
reference to Section 21.53.230 which deals with resid
density calculations and developability of environme
constrained lands.
The proposed amendment will correct this inaccuracy and h
effect on the meaning, purpose or requirements of the Hi
Development Regulations. This typographical correcti being handled by a zone code amendment since Cali Government Code Section 65853 requires a formal zonc
amendment to correct even a typographical error.
The Planning Commission unanimously approved this item minimal amount of discussion.
ENVIRONMENTAL REVIEW
An amendment to correct a typographical error within the
ordinance is not a project defined by Section 15378 of th
Guidelines. As such a Notice of Exemption has been fi
May 19, 1988.
FISCAL IMPACT
None.
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Page 2 of Agenda Bill No. 9644
ATTACHMENTS
1. Ordinance No. Ns- 3 7
2. Planning Commission Resolution No. 2742
3. Staff Report dated August 3, 1988
4. Excerpt of August 3, 1988 Minutes
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ORDINANCE NO. NS-37
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.95 OF THE CARLSBAD MUNICIPAL CODE TO CORRECT A TYPOGRAPHICAL ERROR IN SECTIONS
21.95.030(4) AND 21.95.040(a) AND (b).
The City Council of the City of Carlsbad, Califc
ordain as follows:
SECTION I: That Title 21, Chapter 21.95 of the
Municipal Code is amended by the amendment of Section 21.
to read as follows:
"(4) That no development or grading will occui
portion of the property which are undevelopable pursua: provisions of Section 21.53.230 of this Title."
SECTION I: That Title 21, Chapter 21.95 of the
Municipal Code is amended by the amendment of Section 21.
to read as follows:
"(a) Areas of a site in slope greater than fort shall be excluded from residential density calculations c with Section 21.53.230 of this Title."
SECTION I: That Title 21, Chapter 21.95 of thc
Municipal Code is amended by the amendment of Section 21.
to read as follows:
'I (b) No more than fifty percent of the portion
containing twenty-five percent to forty percent slo~
utilized for calculating allowable residential density c
with Section 21.53.230 of this Title.#'
EFFECTIVE DATE: This ordinance shall be effect
days after its adoption, and the City Clerk shall certi
adoption of this ordinance and cause it to be published
once in the Carlsbad Journal within fifteen days
adopt ion.
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INTRODUCED AND FIRST READ at a regular meetir
Carlsbad City Council on the 20th day of September
and thereafter
PASSED AND ADOPTED at a regular meeting of
Council of the City of Carlsbad on the 27th day of SePt
1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
ATTEST:
ALETHA L. RAUTENKRANZ, City Ckerk
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PLANNING COMMISSION RESOLUTION NO. 2742
A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 95
SECTIONS .030(4), .040(A), AND .040(B), OF TH
CARLSBAD MUNICIPAL CODE, BY CORRECTING TYPOGRAPHICAL ERROR. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA 88-7
WHEREAS, the Planning Commission did on the 3rd
August, 1988, hold a duly noticed public hearing as presc
law to consider said request: and
WHEREAS, at said public hearing, upon hear
considering all testimony and arguments, if any, of all
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 88-7, acco Exhibit IIlt1, dated August 3, 1988, attached hereto an part hereof, based on the following findings and su
the following findings.
Findinqs:
1. The Zone Code Amendment will simply COI typographical error that inaccurately referenced a of the Zoning Code within the Hillside Dev
Regulations.
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PASSED, APPROVED, AND ADOPTED at a regular meetir
1 Planning Commission of the City of Carlsbad, California,
the 3rd day of August, 1988, by the following vote, to w
AYES : Chairperson McFadden, Commissioners : Marcus,
NOES : None.
ABSENT : None.
ABSTAIN : None.
i
Holmes, Schramm, Schlehuber E Erwin.
&L*%C&?
ANNE B. MCFADDEN, Chairp
CARLSBAD PLANNING COMMISSI
ATTEST:
Planning Director
,/
PC RES0 NO. 2742 -2-
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STAFF REPORT -2 2 DATE : AUGUST 3, 1988
TO: PLANNING COMMISSION
FROM : PLANNING DEPARTMENT
SUBJECT: ZCA 88-7 HILLSIDE DEVELOPMENT REGULATIONS - Corr of typographical error.
I. RECOMMENDATION
That the Planning Commission ADOPT Resolution No. 2742 recomm APPROVAL of ZCA 88-7.
I1 . BACKGROUND AND DESCRIPTION
The typographical error occurs in Subsections 21.95.0
21.95.040(a) and 21.95.040(b) of Carlsbad's Hillside Devel Regulations. These subsections refer to residential d
calculations and developability of environmentally const lands - such as steep hillsides. Exhibit I*A" shows
subsections underlined. Each subsection presently makes ref to Section 21.53.120 of the Zoning Ordinance which whe Hillside Development Regulations were being drafted, deal. residential density calculations and developabilit
environmentally constrained lands. A typographical error i cross-reference occurred because the Zone Code Amendmer recodification of the Zoning Ordinance to implement the La Committee's recommendations on residential density calculatic developability of environmentally constrained lands preced adoption of the Hillside Development Regulations. This re
in the Hillside Development Regulations cross-referencing
new Section 21.53.120 which requires a Site Development P1 multi-family developments.
This Zone Code Amendment will simply correct the inaccurate reference within the Hillside Development Regulations
21.53.120 to 21.53.230. The present Section 21.53.230 is SF Exhibit I*BI*.
This amendment will have no effect on the meaning, purp requirements of the Hillside Development Regulations.
typographical correction is being handled by a Zone Code Am€ at the direction of the City Attorney's office. They have 2
staff that California Government Code Section 65853 even re
a formal Zone Code Amendment to correct a typographical err0 these reasons, staff is recommending approval of ZCA 8
correct the typographical error in Carlsbad's Hillside Devel Regulations.
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ZCA 88-7
PAGE 2
IV . ENVIRONMENTAL REVIEW
The amendment to correct a typographical error within the z(
Ordinance is not a project as defined by Section 15378 of the
Guidelines. As such, a Notice of Exemption has been filed Ma'
1988.
ATTACHMENTS
1. Planning Commission Resolution No. 2742
2. Exhibits "A" and "B", dated May 13, 1988
3. Notice of Exemption
LBS : dm
5/13/88
EXHlBlT A
May 13, 1988
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be drawn with a solid heavy line. Existing
topography, Svuctuns and intiastruare Shall
be drawn with a thin or dashed line; (3) Include the siope profile for at least one
hundred feet from the project site boundary;
(4) Be drawn dong those locations of the
project site when:
(A) The greatest alteration of the existing
topography is proposed eriy identified,
(B) The most intense or bulky development is
proposed and
(C) The site is most visible fiom surrounding
land uses,
(5) Two of the slope profiles shall be roughly
parailei to each other and roughly perpendicular
to existing contour lines. The remaining siope
protile shall be rougfily at a forty-five percent
angle to the other slope profiles and existing con-
tour lines.
(c) Assurance of Accurate Hillside Mapping.
Both the slope analysis and slope profiles shall be
stamped and signed by either a registered land-
scape architect, Civil engineer or land surveyor
indicating the datum, source and Scale of top
graphic data used in the slope analysis and slope
profiles, and astesting to the fact that the slope
analysis and slope profiles have been accurateiy
calcuated and identified, consistent with this sec-
tion. (Or& 9826 S 2 (part), 1987)
21.95.030 General restrictions.
No property with a slope of fifteen pemnt or
more and an elevation differential greater than
fifteen feet shall be developed unless a hillside
deveiopment permit has been issued. An
application for a hillside development permit
shall be processed and approved concurrently
with any other development permits requirtd by
Titles 11, 18, 20 or 21 of this code. The same
authority to approve the other deveiopment per-
mits required for the project shall have the authority to approve a hillside development per-
mit. If no permits other than a building or grad-
ing permit are required for the project, the
planning director shall have the
approve or deny hillside developr.
subject to appeal to the planning I
Such appeal shail be made within tl
the planning director’s decision. A h
opmentpermitshallbeapprovedon
foilowing findings can be made:
(I) That hillside conditions have
(2) That undevefopable areas of
have been properiy identified;
(3) That the development prow
applicable deveiopment approvals i
are consistent with the purpose,
nquinments of this chapter,
(4) That no deveiopment or g
occur in those portions of the propen
undevelopable pursuant to the provi2 tionw at e project design and lor (5 tion minimizes disturbance of hillsid
(6) That the project design substai
forms to the intent of the concepts iIl
the hillside development guideline
(Ord. 9826 9 2 (part), 1987)
21.95.040 Residential density dcu
(a) Areas of a site in slopes greater
percent shall be exciuded from residc
sity calculations consistent witk
.I20 of the Carisbad Municipal ( 4th- o more than fifty percent of tJ
of a site containing twenty-five to for
slopes may be utilized for calculating
residential density consistent wit1
.120 of the Carlsbad Municipal CI
of this code:
* part). 1987)
21.95.050 Minimum development of
The provisions of this chapter shall t
so as to:
(a) Not preclude a reasonable use of
parcel which was legally existing on th
the ordinance adopting this chapter:
decisionmaking body or official which has the lands.
807
EXHIBIT 6
May 13, 1988
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21.53.130
(g) Agricultural Zone Restrictions. Satellite 2153.230 Residential density Caic&tio
residential development
restrictions 011 open space m(
environmentally sensitive h~
(a) For the purposes of Titles 20 and 2 1 (
code, residential density shall be deten
based on the numk of dwelling units per I
opabie am of property.
(b) The following lands arc considend
undevelopable and shall be excluded fron
sity calculations:
(1) Beaches;
(2) Rnnanent bodies of water,
(3) Floodways;
(4) Slopes with an inciination of gnate
forty percent or mort;
(5) Significant wetlands:
(6) Significant riparian or wodkind ha
(7) Land subject to major power trar
sioneasements;
(8) Land upon which other signif
environmental features as determined t
environmental review process for a proje
located:
television antennae shall be considered as
acce~~~ry to the main mc~n or use on the
property and shall be permitted subject to the
following limitations:
(1) The antenna shall be ground-mounted.
(2) The antenna shall be located at least four
feet From any property line.
(3) The antenna shail not exceed twenty fett
in height.
(4) The antenna shall be screened fiom public
view by a wall, fence, hedgc, or other appropriate
plant or landscape matcnal between the antenna
and the property line so that no more than
twenty-five percent of the antenna is visible
above the scmning material.
(h) Public Utility Zone Restrictions. Satellite
television antennae shall be considered a pennit-
ted accessory use in the public utiiity tones.
(i) Nonconforming Antennae. Any sateilite
teievision antenna emed prior to the effective
date of the ordinance codified in this chapter
shail be brought into compliance with the provi-
sions of this section no later than one year after
the effective date of this ordinance.
(9) Railroadtrackbeds.
(c) No residential development shall oa
(j) Whenever a discretionary permit is
rrqu,nd for com&on ofa project, he satei-
mY pro^^ MCd in subSXh (b). sub!
the provisions of Chapters 21.31 and 21.3
city council may permit limited deveiopm
such property if, when considering the prc
as a whole, the prohibition against deveio1
would constitute an unconstitutional de
tion of property. The planning commissi
city council, whichever the final discreti
acctssory facilities, inciudin& but not limi,
rrcnationd facilities, view areas. and vefi
mng arras. to be lmayd in ~~d~l&~~ ($
to Chapter 21.31) and on land subject to
power -mission easements.
(d) Residential development on slope:
an inciination of twenty-five to forty pe
inclusive, shall be designed to rninimii
amount of grading necessary to accomn
iite antenna permit may be consolidated with the
discretionary permit.
(k) Redevelopment Zone. A redevelopment
permit issued pursuant to Chapter 21.35 shall be
required for any satellite teievision antenna
addition to complying with the provisions of this
Section all satellite telewsion antennae in the
villag~ redevelopment zone shall conform to the
provisions of the we design manual.
(1) Nodung in this &OU shall be construed
to eliminate or change the requirement under
Won 21.52.010 (SXQ) for a conditional use
permit for radio or television transmitters. ((3rd.
9804 0 5 (part), 1986: Ord. 9785 9 24, 1986)
located in the vill%e rtdeveioPment 'One* In My for a midentid development may r
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the projcct. For projects within the coastal zone, the ordinance codified in ti
the grading provisions of the Carlsbad local approved pursuant to subsemon
coastal program shall apply. a SU~~W~S~OQ map is not rquh
(e) Projects which have received all dixn- building permits without comp
tionary approvals under the provlsions of Titles section for a period of two years
20 and 21 prior to the effective date of the ordi- tive date of the ordinance codified
nance codified in this section may obtain a final Once building permits ar
map without complying with this Section for a construction must be diligentiy PI
period of two years from the date of the tentative pietion or the provisions of ~
map approval. Any time during which approval apply. Upon expiration of the two
of the final map is prohibited by Ordinance No. the building permits, the standard
9791 or any other growth management ordi- shall apply to the property. (Or&
nance, shall be added to the two-year period.
Upon expiration of the tentative map, the stan- 2133.240 Nonresidential devel
dards of this ordinance shall apply to the prop-
erty. environmentally sem (0 Projects with all discretionary approvals Nonresidential development sh
under the provisions of Titles 20 and 2 1 and with to avoid development on lands idc
a final map approved prior to the effective date of tion 21.53.230. (Ord. 9795 0 2, 19
reszri&oas 011 open
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2075 u\s PALMAS DRIVE
CARLSBAD, CA 920094859
situ of (aarlstrnb
PLA NNlNG DEPARTMENT
NOTICE OF EXEMPTION
May 19, 1988
County Clerk
County of San Diego
220 West Broadway
San Diego, CA 92101
Project Title m .e wn
Project Location--Specific Citywide
Project Location--City Carlsbad Project Location--Count San Diego
Description of Nature, Purpose. and Beneficiaries of Proiec Correction of a typographical error within the Zonir
Ordinance
Name of Public Aqency Approving Project City of Carlsbad
Name of Person or Aqencv Carrying Out Project Plannin Department
Exempt Status (Check One)
1
- Ministerial (Sec. 15073) - Declared Emergency (Sec. 15071 (a)) - Emergency Project (Sec. 15071 (b) and (c)) - Categorical Exemption. State type and sectio
number: t
Reason Why Project Is Exempt: 14 CAC Section 15378 - Actio
is not a project
Contact Person Lance Schulte (619) 438-1161
Planning Director
LBS : dm
changes be made by public hearing, approval.
Staff recommends
Chairman McFadden opened the public testimony and issued the invitation to speak.
There being no person desiring to address the Commission on
this topic, Chairman McFadden 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. 2742 recommending approval of ZCA 88-7.
Erwin
Hall
Holmes
Marcus McFaddei S chlehul
Schrm
0
MINUTES',. e
August 3. 1988 PLANNING COMMISSION
4)
Chairman McPadden disqualified herself from hearing this item
due to a potential conflict of interest.
chair to Commissioner Hall.
Phil Carter, Assistant to the City Manager, began the staff
report and stated that the presentation would be given by
Brian Hunter and Steve Jantz who have been responsible for
the preparation of the plan.
report with the financing plan for Zone 20.
Brian Hunter, Associate Planner, stated that Zone 20
completes the second phase of Carlsbad's Growth Management
Program.
was authorized on April 7, 1987 to prepare the plan;
accepted for technical review on December 18, 1987.
Management Zone 20 is located in the southwest quadrant of
Carlsbad and consists of a largely undeveloped land area
south of Palomar Airport Road easterly of Paseo del Norte.
The limit of the zone extends slightly more than half way to El Camino Real, being bounded on the east and south by the
Hillman property's Pacific Rim Country Club and Resort area
in Zone 19. Zone 20 is bounded on the north by Zone 5 and on
the west by Zone 4. Zone 20 is primarily a residential zone
and comprises approximately 764 acres in 55 separate parcels
ranging from 112 acre to 85 acres in size.
acreage, however, is only 555.5 acres due to constraints such
as power line easements, slopes, and two school sites which
are designated within the zone (a junior high school and an
elementary school). determined by multiplying the net developable land by the
growth management control point.
Zone 20 was determined to be 2,491. agricultural or undeveloped property with only 28 du's
currently in existence (19 of which are occupied by the Sudan
Interior Mission).
There is an approved tentative map for Cobblestone Sea
Village, CT 84-32, with 225 du's. The total du's of 2,491 is
in compliance with Proposition E and conforms to the buildout
cap by quadrant.
City Administrative Facilities
LFMP 20 - Local Facilities Management Plan for Zone 20.
She passed the
He will conclude the staff
The applicant, Development Consultants Consortium,
it was
Developable
The potential dwelling units (du's) was
The potential du's for The zone is basically
The remaining 9 du's are single family.
Existing facilities meet the adopted perfotmance
standard until the year 2006.
Library
Existing facilities meet the adopted performance
standard until the year 2003.
Wastewater Treatment Facilities
Existing facilities meet the adopted performance
standard with the proposed mitigation measures.
Steve Jantz, Associate Civil Engineer, reported that the
following actions were being taken to ensure adequate
treatment capacity:
e I) NOTICE OF PUBLIC HEARING
Z CA-8 8 - 7
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will
public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad,
California, at 6:OO P.M., on Tuesday, September 20, 1988, to consider a Zo
Amendment to correct typographical errors in the Hillside Development Regu
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 r
only those issues you or someone else raised at the public hearing describ
in this notice, or in written correspondence delivered to the City of Carl
City Clerk's Office at or prior to the public hearing.
APPLICANT: City of Carlsbad
PUBLISH: September 9, 1988 CARLSBAD CITY COUNCIL
e NOTICE OF PUBLIC HEARIN de
NOTICE IS HEREBY GIVEN that the Planning Commission of the
of Carlsbad will hold a public hearing at the Council Chamb
1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Wednes
August 3, 1988, to consider approval of a Zone Code Amendment the Hillside Ordinance.
Those persons wishing to speak on this proposal are cordi invited to attend the public hearing. If you have any questi please call the Planning Department at 438-1161.
If you challenge the Zone Code Amendment in court, you mal limited to raising only those issues you or someone else ra at the public hearing described in this notice or in wri-
correspondence delivered to the City of Carlsbad at or prioi
the public hearing.
CASE FILE: ZCA 88-7
APPLICANT: HILLSIDE ORDINANCE
PUBLISH : JULY 22, 1988
CITY OF CARLSBAD PLANNING COMMISSION
m
(Form A)
1 0
TO: CITY CLERK'S OFFICE
FROM:
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice zc -
---* ?---
pyf+/ Cg- c&pLs-&LpJ -Ljt , ,-S/DZ .? J.,JaGJz&fJp/qF/:2-- 2 Fdd3.L f%
$7 /& p
for a public hearing before the City Council.
Please notice the item for the council meeting of
Thank you.
g B L? i"- 6'6 - Assistant City Man-- Date