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HomeMy WebLinkAbout1988-09-20; City Council; 9644; CORRECTION OF TYPOGRAPHICAL ERRORS IN THE HILLSIDE DEVELOPMENT REGULATIONS (ZCA 88-07|CITY OF CARLSBAD)h I m z m 0 z a $4 0 a a, L) 2 a 0 $4 u d .rl 4 .ii c) d a g V z % %* 6 s dE Q. co ? $$ \ OI .. z 0 4 z 3 0 0 ,,; ;;*> 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. e 0 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 t t 1 2 3 4 5 6 7 8 g 10 11 12 s a) 13 98 <% 2 ow4 14 15 g>>o zt-u:LL Q gs;: i'l3: gz:6 WZOQ 16 oE2m zo 9 '5 % 17 >o I- 18 19 20 21 22 23 24 25 26 27 28 o a 0 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. 1 2 3 4 5 6 7 a 9 10 11 12 m QI 13 2s g5 Q) 0,3,Z Ow< 14 0o;a 6~2~ 15 +$U - E~ gs 16 oaYm go VJ '5 $ 17 18 19 20 21 22 23 24 25 26 27 28 D Q N ::?; >-a t 0 e 0 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 1 2 3 4 5 6 7 8 9 10 I' l2 l3 14 l5 l6 I'7 18 19 2o 21 22 23 24 25 26 27 28 a 0 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. //// //// //// //// //// 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 @ 0 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- e e - // 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. e 0 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 0 e 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 e a 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 .'. 752 e e 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 4 753 e * 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