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HomeMy WebLinkAboutGPA 10-03; H.E. Program 2.1 Minimum Densities; General Plan Amendment (GPA)The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: December 7, 2011 Project Planner: Corey Funk Project Engineer: N/A SUBJECT: GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. PROGRAM 2.1 MINIMUM DENSITIES - A request for a determination that the project is within the scope of a Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and a request for a recommendation of approval for a General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by the establishment of a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. I. RECOMMENDATION That the Planning Commission make a determination that the project is within the scope of a Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and that the Planning Commission ADOPT Planning Commission Resolutions No. 6848, 6849, and 6850 RECOMMENDING APPROVAL of GPA 10-03, ZCA 10-04 and LCPA 10- 03, based on the fmdings contained therein. IL INTRODUCTION This proposal involves a city-initiated General Plan Amendment, Zone Code and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by the establishment of a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. The purpose of the new minimum density ("RHNA Base Density") is to comply with Regional Housing Needs Assessment (RHNA) requirements and state housing element law. The proposed amendments are consistent with applicable portions of the General Plan and maintain internal consistency within the Zoning Ordinance and the Local Coastal Program (LCP). Carlsbad's LCP is consistent with the General Plan, but it is a separate document containing separate land use policies and implementation measvires which must also be complied with in addition to the General Plan. With regard to the LCP amendment, the Zoning Ordinance is the LCP implementing ordinance; therefore an LCP amendment is necessary. However, no portion of the LCP land use plan document is being amended as no policies of the LCP are affected by the proposed Zoning Ordinance amendments. III. PROJECT DESCRIPTION AND BACKGROUND State law requires each general plan to have a housing element and that it be periodically updated to reflect a community's changing housing needs. The housing element provides an assessment GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. PROGRAM 2.1 - MINIMUM DENSITIES December 7, 2011 Page 2 of current and future housing needs and a plan with programs designed to address those needs. A jurisdiction's housing need is determined through the Regional Housing Needs Assessment (RHNA), a process mandated by state law. The RHNA represents the future housing growth for the planning period of a housing element, and is divided into four income groups based on county Area Median Income: Very low. Low, Moderate and Above Moderate income groups. Housing Element Program 2.1 of the 2005-2010 Housing Element includes a variety of actions designed to ensure that adequate residential acreage at appropriate densities is available to meet the city's RHNA. One such action is the "Minimum Densities" project, which proposes to establish higher density minimums in order to ensure that the acreage identified by the housing element, for the purpose of complying with state housing element law, will have density levels that were determined to be appropriate for facilitation of housing affordable to lower and moderate income families. Specifically the amendment proposes to increase the minimum density from 11.5 to 12 du/ac for the RMH designation and from 19 to 20 du/ac for the RH designation. With the related actions described below, this project achieves consistency with Carlsbad's General Plan, Zoning Ordinance and Growth Management Program. Proposed fmdings for approval of the amendment are included in the attached resolutions. • General Plan Amendment (GPA 10-03): proposes to amend Section II.Cl (pages 14 and 15) of the Land Use Element in order to establish the RHNA Base Density within the density ranges allowed by the general plan. The RHNA Base Density increases the minimum densities for the RMH and RH land use designations from 11.5 to 12 du/ac and 19 to 20 du/ac, respectively. The amendment consists primarily of (1) adding the RHNA Base Density to "Table 2: Allowed Dwelling Units Per Acre" in the Land Use Element, which describes the general plan designations and their allowed density ranges, and (2) additions to the discussion of Califomia Govemment Code Section 65863, which limits the city's ability to approve housing projects at densities below those used to determine compliance with housing element law. • Zoning Code Amendment (ZCA 10-04): Section 21.53.230 contains the city's method for calculating density, and ZCA 10-04 proposes to amend this section in order to be consistent with GPA 10-03. The amendment consists of adding the proposed RHNA Base Density to the mles governing unit yield and rounding calculations. • Local Coastal Program Amendment (LCPA 10-03): the Zoning Ordinance is the LCP implementing ordinance; therefore an LCP amendment is necessary. IV. ANALYSIS A. General Plan General Plan Amendment (GPA 10-03) proposes to provide revisions to the General Plan Land Use Element which contains the City's residential density requirements. This amendment will primarily add the RHNA Base density requirements to ensure compliance with housing element law (Govemment Code Section 65863). The amendment proposes to increase the minimum GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. PROGRAM 2.1 - MINIMUM DENSITIES December 7,2011 Page 3 density from 11.5 to 12 du/ac for the RMH designation and from 19 to 20 du/ac for the RH designation, except for RH designated properties in the Beach Area Overlay Zone (BAOZ). In the BAOZ, the minimum and GMCP densities shall apply. General Plan Designation Densities (in dwe ling units per acre) General Plan Designation Existing Minimum Density Existing GMCP Density Proposed RHNA Base density Existing Maximum Density RMH 8.5 11.5 12 15 RH 15 19 20 23 Govemment Code Section 65893 limits the city's ability to approve housing projects at densities below those used to determine compliance with housing element law. The previous housing element utilized GMCP densities to determine compliance housing element law. For the 2005- 2010 Housing Element, the GMCP densities were used to determine compliance with housing element law for all designations except for the RMH and RH designations, which utilized the RHNA Base density. Densities are permitted below GMCP and RHNA Base densities, but only if specific findings are made. The proposed amendments are consistent with the general plan in that they implement the housing element and do not conflict with any other portion of the general plan. In addition, they are consistent with the following housing element goals and policies: • Goal 2 - New housing developed with diversity of types, prices, tenures, densities and locations, and in sufficient quantity to meet the demand of anticipated city and regional growth. • Policy 2.1 - ensure sufficient developable acreage in all residential densities to provide varied housing types for households in all economic segments. • Policy 2.2 - Allow development of sufficient new housing to meet Carlsbad's share of the regional housing need for 2005-2010 (subsequently extended to 2013) as determined by SAND AG and consistent with this Housing Element. B. Zoning Ordinance and Local Coastal Program Consistency Zone Code Amendment (ZCA 10-04) will provide minor revisions to the Carlsbad Municipal Code (CMC) Chapter 21.53 "Uses Generally", which contains the City's method for calculating residential density (Section 21.53.230). This amendment will add the RHNA base density to the density unit yield calculations in order to be consistent with GPA 10-03. The amendment also clarifies that the RHNA Base density does not apply to RH land use designations in the BAOZ. In the BAOZ, the minimum and GMCP densities shall apply. Local Costal Program Amendment (LCPA 10-03) is required to be processed concurrently with the Zone Change Amendment (ZCA 10-04). The Zoning Ordinance (Title 21) is an implementing ordinance of the City of Carlsbad Local Coastal Program; therefore, the Local Coastal Program is required to be amended when the zoning ordinance is amended. GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. PROGRAM 2.1 - MINIMUM DENSITIES December 7, 2011 Page 4 An integral component of any Zoning Ordinance amendment is a requirement to find that the proposed amendments are internally consistent with the procedures and standards of the rest of the existing Zoning Ordinance that is not proposed for amendment, and that it is consistent with the Local Coastal Program. Staff has analyzed the proposed amendments and finds that the amendments are intemally consistent with the other provisions of the Zoning Ordinance not being amended. The LCP is a land use planning document containing special policies and regulations that supplement other city regulations, and together with city plans and policies, govern development in the coastal zone. The LCP policies primarily address coastal issues, such as shoreline access and protection of sensitive resources. However, no policies of the LCP are affected, nor are any conflicts created by the proposed Zoning Ordinance amendments. C. Growth Management The GMCP density was used to determine dwelling unit caps of Proposition E and the Growth Management Program. To ensure the dwelling units caps are not exceeded, Carlsbad developed a tracking system to account for projects approved both below and above the GMCP. Projects that have developed below the GMCP, for example, generate "excess dwelling units" that are deposited into an "excess dwelling unit bank", and likewise, proposals above the GMCP withdraw these excess units from the bank. The 2005-2010 Housing Element included an analysis of its programs and their compliance with the Growth Management Program and the excess dwelling unit bank. It anticipated that the increase in yield resulting from projects developed at the RHNA Base Density as compared to the GMCP density would require an allocation from the bank of 25 dwelling units, and that the bank has sufficient excess units to cover the allocation. As such, the Minimum Densities project would not cause the Proposition E caps to be exceeded. V. ENVIRONMENTAL REVIEW The proposed project falls within the scope of a previously approved Mitigated Negative Declaration (MND) reviewed pursuant to the Califomia Environmental Quality Act (CEQA). Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 2005-2010 Housing Element (GPA 03-02), dated December 22, 2009. The MND for GPA 03-02 evaluated the potential environmental effects of implementing portions of Housing Element Program 2.1, including the Minimum Densities project. The proposed activities would have no effects beyond those analyzed in the MND, as they are consistent with the program analyzed earlier. The Housing Element and its MND anticipated future amendments to establish minimum densities of 12 du/ac and 20 du/ac for the RMH and RH designations. The MND determined that these increases beyond the GMCP are minor and would increase potential yield by 25 units on properties designated RMH and RH when compared to the existing GMCP. Because the density increase is slight and affected parcels are scattered throughout Carlsbad, the MND did not anticipate additional environmental review would be necessary beyond what was prepared for the Housing Element. This project is within the scope of the MND for GPA 03-02 and no further CEQA compliance is required. The MND for GPA 03-02 is available at the Planning Department. GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. PROGRAM 2.1 - MINIMUM DENSITIES December 7,2011 Page 5 ATTACHMENTS: 1. Planning Commission Resolution No. 6848 (GPA) 2. Planning Commission Resolution No. 6849 (ZCA) 3. Planning Commission Resolution No. 6850 (LCPA) 4. Strikeout/underline version of the proposed General Plan amendment 5. Strikeout/underline version of the proposed Zoning Ordinance amendment Carlsbad General Plan Section II.C.1 Underline Strikeout Exhibit Land Use Element Attachment 4 December?, 2011 d. Medium-High Densitv (RMH): Medium-high density residential areas intended to be developed with two-family dwellings and multiple-family dwellings, as well as one- family dwellings (developed as two or more detached units on one lot) at a density between 8 to 15 dwelling units per acre. Development of one-family dwellings on individual lots may be approved with a planned development permit, subject to the density range of this designation. e. High Densitv (RH): High-density residential areas intended to be developed with two- family and multiple-family dwellings, as well as one-family dwellings (developed as two or more detached units on one lot) at a density between 15 to 23 dwelling units per acre. Certain areas of the City designated for planned communities may have several residential desig- nations or combinations of residential designa- tions. To accommodate good design and plan- ning, as well as environmental and topographical factors, planned communities shall be controlled by a master plan. As part of the City's Growth Management Plan, a dwelling unit limitation was established for each quadrant of the City. The City shall not approve any general plan amendment, zone change, tentative subdivision map or other discretionary approval for a development that could result in the development above the limit in any quadrant. To ensure that development does not exceed the limit, the following growth management control points (GMCP) in Table 2 are established for the Land Use Element density ranges. The City shall not approve any residential development at a density that exceeds the growth management control point for the applicable density range without making the following findings: a. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. b. That there have been sufficient developments approved in the quadrant at densities below the control point so the approval will not result in exceeding the quadrant limit. c. All necessary public facilities required by the City's Growth Management Program will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards. Table 2: ALLOWED DWELLING UNITS PER ACRE General Plan Land Use Designation Minimum Growth Management Control Poiflt GMCP RHNA Base* Maximum RL 0 1.0 1.0 1.5 RLM 0 3.2 3.2 4.0 RM 4 6.0 6.0 8.0 RMH 8 11.5 12.0 15.0 RH 15 19.0 20.0 23.0 RHNA Base, discussed below, does not apply to RH designated properties in the Beach Area Overlay Zone. In the Beach Area Overlay Zone, the minimum and GMCP densities shall apply. The residential land use designations in Table 2 indicate MAXIMUM development unit yields. To meet the General Plan goals and objectives, including, but not limited to population goals and environmental considerations, the ACTUAL yield may be less than maximum potentials, but not less than the minimum density of the underlying land use designation; except, density may be approved below the minimum of the density range in the following circumstances: a. When a single, one-family dwelling is constructed on a legal lot that existed as of October 28, 2004. b. When a single, one-family dwelling is constructed on a lot that was created by consolidating two legal nonconforming lots into one lot (this only applies to lots that are nonconforming in lot area). c. When a legal lot is developed with one or more residential units that existed as of October 28, 2004; provided, the existing units are to remain and it is not feasible to construct the number of additional units Page 14 Amended September 14, 2010 Land Use Element mi needed to meet the minimum density without requiring the removal of the existing units. Pursuant to California Government Code Section 65863, the City shall not by administrative, quasi- judicial, or legislative action, reduce, require or permit the reduction of residential density on any parcel to a density below that which was utilized by the California Department of Housing and Community Development in determining compliance with housing element lawr. For purposes of compiyinq with Government Code Section 65863, the Regional Housing Needs Assessment (RHNA) Base densitv for each of the General Plan residential Land Use designations listed in Table 2 above was utilized to determine compliance with housing element law in the 2005- 2010 Housing Element. As such, the Citv shall not reduce, require, or permit the reduction of residential densitv on any parcel below its RHNA Base density unless, the City makes written findings supported by substantial evidence of both of the following: a. The reduction is consistent with the adopted general plan, including the housing element. b. The remaining sites identified in the housing element are adequate to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584. or the reduction is necessary to ensure compliance with the dwellinq unit limitations set forth in the City's Growth Management Program. As noted in Table 2, the RHNA Base densitv does not apply to RH designated properties in the Beach Area Overlay Zone. In the Beach Area Overlay Zone, the minimum and GMCP densities shall apply. If a reduction in residential density for any parcel would result in the remaining sites identified in the housing element not being adequate to accommodate the City's share of the regional housing need, the City may reduce the density on that parcel provided it identifies sufficient additional, adequate, and available sites with an equal or greater residential density so that there is no net loss of residential unit capacity. The City shall be solely responsible for compliance with Government Code Section 65863, unless a project applicant requests in his or her initial application, as submitted, a density that would result in the remaining sites in the housing element not being adequate to accommodate the City's share of the regional housing need. In that case, the City may require the project applicant to comply with Government Code Section 65863. For the purposes of determining or requiring compliance with Government Code Section 65863, the submission of an application does not depend on the application being deemed complete or being accepted by the City. Government Code Section 65863 does not apply to parcels that, prior to January 1, 2003, were either 1) subject to a development agreement, or 2) parcels for which an application for a subdivision map had been submitted. Residential density shall be determined based on a number of dwelling units per developable acre of property. The following lands are considered to be undevelopable and shall be excluded from density calculations: a. Beaches; b. Permanent bodies of water; c. Floodways; d. Slopes with an inclination of greater than 40%; e. Significant wetlands; f. Significant riparian woodland habitats; g. Land subject to major power transmission easements; h. Land upon which other significant environmental features as determined by the environmental review process for a project are located; and i. Railroad track beds. No residential development shall occur on the lands listed above; however, the City Council may permit limited development of such property, if when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. Development on slopes with an inclination of 25% to 40% shall be permitted if designed to minimize the grading and comply with the slope development provisions of the hillside ordinance and the Carlsbad Local Coastal Program. However, only 50% of the area shall be used for density calculations. Page 15 Amended September 14, 2010 ATTACHMENTS ZCA 10-04/LCPA 10-03 H.E. PROGRAM 2.1 - MINIMUM DENSITIES STRIKE-OUT/UNDERLINE Section 21.53.230 (Uses Generally, Residential density calculations, residential development restrictions on open space and environmentally sensitive lands) is proposed to be amended as follows: 21.53.230 Residential density calculations, residential development restrictions on open space and environmentally sensitive lands. (a) For the purposes of Titles 20 and 21 of this code, residential density shall be determined based on the number of dwelling units per developable acre of property. (b) The following lands are considered to be undevelopable and shall be excluded from density calculation: (1) Beaches; (2) Permanent bodies of water; (3) Floodways: (4) Natural slopes with an inclination of greater than forty percent except as permitted pursuant to Section 21.95.120(B) of this code; (5) Significant wetlands; (6) Significant riparian or woodland habitats; (7) Land subject to major power transmission easements; (8) Land upon which other significant environmental features as determined by the environmental review process for a project are located; (9) Railroad track beds. (c) No residential development shall occur on any property listed in subsection (b). Subject to the provisions of Chapters 21.33 and 21.110, the city council may permit limited development of such property if, when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. The planning commission or city council, whichever is the final decision-making body for a residential development may permit accessory facilities, including, but not limited to, recreational facilities, view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 21.110) and on land subject to major power transmission easements. (d) No more than fifty percent of the portion of a site containing twenty-five to forty percent slopes may be utilized for calculating allowable residential density. Residential development on slopes with an inclination of twenty-five to forty percent, inclusive, shall be designed to minimize the amount of grading necessary to accommodate the project. For projects within the coastal zone, the grading provisions of the Carlsbad local coastal program and Chapters 21.38 and 21.203 of the municipal code shall apply. (e) The potential unit yield for a property, based on the minimum, growth management control point (GMCP), Regional Housing Needs Assessment (RHNA) Base, 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. ATTACHMENTS ZCA 10-04/LCPA 10-03 H.E. PROGRAM 2.1 - MINIMUM DENSITIES STRIKE-OUT/UNDERLINE Section 21.53.230 (Uses Generally, Residential density calculations, residential development restrictions on open space and environmentally sensitive lands) is proposed to be amended as follows: 21.53.230 Residential density calculations, residential development restrictions on open space and environmentally sensitive lands. (a) For the purposes of Titles 20 and 21 of this code, residential density shall be determined based on the number of dwelling units per developable acre of property. (b) The following lands are considered to be undevelopable and shall be excluded from density calculation: (1) Beaches; (2) Permanent bodies of water; (3) Floodways: (4) Natural slopes with an inclination of greater than forty percent except as permitted pursuant to Section 21.95.120(B) of this code; (5) Significant wetlands; (6) Significant riparian or woodland habitats; (7) Land subject to major power transmission easements; (8) Land upon which other significant environmental features as determined by the environmental review process for a project are located; (9) Railroad track beds. (c) No residential development shall occur on any property listed in subsection (b). Subject to the provisions of Chapters 21.33 and 21.110, the city council may permit limited development of such property if, when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. The plarming commission or city council, whichever is the final decision-making body for a residential development may permit accessory facilities, including, but not limited to, recreational facilities, view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 21.110) and on land subject to major power transmission easements. (d) No more than fifty percent of the portion of a site containing twenty-five to forty percent slopes may be utilized for calculating allowable residential density. Residential development on slopes with an inclination of twenty-five to forty percent, inclusive, shall be designed to minimize the amount of grading necessary to accommodate the project. For projects within the coastal zone, the grading provisions of the Carlsbad local coastal program and Chapters 21.38 and 21.203 of the municipal code shall apply. (e) The potential unit yield for a property, based on the minimum, growth management control point (GMCP), Regional Housing Needs Assessment (RHNA) Base, 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. ATTACHMENTS (A) "Density" used in this calculation is the minimum, GMCP, RHNA Base, 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 approving residential densities above the GMCP, RHNA Base, or maximum density of the 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. RHNA Base^ fractional unit of .5 or greater SHALL be rounded-up.'' RHNA Base^ fractional unit below .5 SHALL be rounded-down.- MAXIMUM fractional unit SHALL be rounded-down. Note Notes: 1) 2) 3) 41 Unless the project density is allowed below the minimum of the density range, pursuant to the General Plan. Unit yields rounded-down pursuant to this provision that result in a density below either the minimum densitv or the RHN A Base density of the applicable land use designation shall be considered consistent with the General Plan.- See footnote 4 for the limitations on applying the RHNA Base densitv. 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. The RHNA Base section in Table A does not apply to RH General Plan land use designations in the Beach Area Overlay Zone. In the Beach Area Overlay Zone, the minimum and GMCP densities shall apply.