HomeMy WebLinkAboutLCPA 95-01A; Affordable Housing II; Local Coastal Program Amendment (LCPA)EXHIBIT 10 e-
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Tue urq of CARLSBAD Planning. Department
P.C. AGENDA OF: February 5,1997
A REPORT TO THE PLANNING COMMISSION-
Application complete date: n/a
Project Planner: Chris DeCerbo
Project Engineer: N/A
ItemNo. @
SUBJECT: ZCA 91-05(A)/ZCA 91-06(A)/ZCA 92-02(A)/ZCA 92-04(A)/ZCA 93-05(A)/
LCPA 93-02(A)/LCPA 95-01(A) - COASTAL COMMISSION MODIFICA-
TIONS TO CARLSBAD AFFORDABLE HOUSING ZONING PRO-
VISIONS AND LOCAL COASTAL PROGRAM LAND USE PLAN
AFFORDABLE HOUSING POLICIES - A request for approval of
amendments to affordable housing provisions of the zoning code and affordable
housing policies of the local coastal program land use plans to accept
modifications made by the California Coastal Commission.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4041, 4042,
4043,4044,4045,4046 and 4047 RECOMMENDING APPROVAL of ZCA 91-05(A), ZCA
91-06(A), ZCA 92-02(A), ZCA 92-04(A), ZCA 93-05(A), LCPA 93-02(A), and LCPA 95-01(A)
based on the findings contained therein.
11. INTRODUCTION
The California Coastal Commission made several modifications to affordable housing provisions
of the City’s zoning code and affordable housing policies of the City’s local coastal program land
use plans in their action to approve associated The
suggested modifications are clarifications to the City’s affordable housing ordinances and
affordable housing land use plan policies and are consistent with the purpose, intent and other
provisions of the affordable housing ordinances and land use plan policies.
local coastal program amendments.
111. PROJECT DESCRIPTION AND BACKGROUND
In October of 1991, the Carlsbad City Council approved a major amendment to it’s Housing
Element (GPA 90-08) to add new policies to encourage and enable the development of
affordable housing within the City. As a consequence of this major Housing Element
amendment, the State Department of Housing and Community Development (HCD) formally
certified the City’s Housing Element in May of 1992. Subsequent to the certification by the
State, the Carlsbad City Council approved: 1) several affordable housing zone code amendments
(adoption of new affordable housing ordinances) to implement the new Housing Element policies
and 2) several local coastal program amendments (LCPAs) to adopt the above noted zone code
amendments as the implementing zoning for the City’s Local Coastal Program (LCP) and add
affordable housing policies to the City’s six Local Coastal Program land use plans (LUP). The
zone code amendments and local coastal program amendments included the following:
ZCA 91-05(A)/ZCA 91-06(~1,-CA 92-02(A)/ZCA 92-O4(A)/ZCA !93-d5(A)/LCPA 93-02(A):’
LCPA 95-0 1 (A) - COASTAL MODIFICATIONS/AFFORDABLE HOUSING
FEBRUARY 5,1997
ZCA 91-05 - Density Bonus Ordinance;
ZCA 9 1-06 - Inclusionary Housing Ordinance;
ZCA 92-02 - Standards Modifications and Density Increases;
ZCA 92-04 - Second Dwelling Units;
ZCA 93-05 - Senior Citizen Housing;
LCPA 93-02 - Density Increase LUP Policy
LCPA 95-01 - Density Bonus, Inclusionary Housing, Second Dwelling Units, and
Senior Citizen Housing LUP Policy and Density Bonus, Inclusionary
Housing and Density Increase LCP Implementing Zoning.
The local coastal program amendments were subsequently submitted to the California Coastal
Commission. On August 14, 1996 the California Coastal Commission approved the local coastal
program amendments with suggested modifications. Since the modifications are to the Zoning
Ordinance and to the Local Coastal Program Land Use Plan policies, a number of zone code
amendments and local coastal program amendments are being processed to enable the City to
effectuate the acknowledgment and acceptance of the suggested modifications.
IV. ANALYSIS
Suggested modifications approved by the California Coastal Commission which necessitate these
zone code amendments and local coastal program amendments address two items. The first
modification is to add a provision to each of the affordable housing ordinances and affordable
housing LUP policies specifying that “within the Coastal Zone any affordable housing project
shall be consistent with all certified local coastal program provisions, with the exception of
density” (meaning that density as specified on the Local Coastal Program LUP maps). The
addition of this provision is consistent with the City’s Zoning Ordinance in that all projects
(including affordable housing projects) located in the Coastal Zone within the City must be
found to be consistent with the provisions of the applicable local coastal programs.
The second modification is the addition of a provision to the affordable housing LUP policies
which deal with Density Increases and Density Bonuses and to the Inclusionary Housing
Ordinance and Density Bonus Ordinance to specify that “all environmentally constrained lands
identified pursuant to the coastal zoning ordinances and local coastal programs are considered to
be undevelopable and shall be deducted from the total number of acres of a subject property”
(when calculating a project’s net developable acreage). This provision would require that lands
which are designated as environmentally constrained lands by the local coastal programs (i.e.,
wetlands and slopes of 25% and greater with endangered planthima1 species and/or coastal
sagescrub and chaparral plant communities) would not be allocated density credit. Currently,
Section 21.53.230 of the Municipal Code does not allow density credit for significant wetlands
and land upon which other significant environmental features (i.e., coastal sagescrub) as
determined by the environmental review process for a project are located. This section also
specifies that for projects within the coastal zone, the provisions of Carlsbad Local Coastal
Program shall apply. Since Title 21 already includes similar provisions with respect to
environmentally constrained lands within the coastal zone, it is concluded that this provision is
also consistent with the City’s Zoning Ordinance. It is also important to keep in mind that ;-J ’^ i
ZCA 91 -OS(A)/ZCA 91 -06(~p LA 92-02(A)/ZCA 92-04(A)/ZCA Yj-d(A)/LCPA 93-02(A):
LCPA 95-0 1 (A) - COASTAL MODIFJCATIONS/AFFORDABLE HOUSING
FEBRUARY 5,1997
because this specific provision is being incorporated into these chapters of the zoning ordinance
(i.e., Inclusionary Housing, Density Bonus and Density Increase) which specifically allows for
density increases (for affordable housing) that there will be no net effect on the density permitted
per affordable housing project within the Coastal Zone.
Both of these modifications are considered clarifications to the City’s affordable housing
ordinances and affordable housing LUP policies. In that they are consistent with Title 21 and
with the purpose, intent and other provisions of the affordable housing ordinances and Local
Coastal Program LUP policies, staff is recommending that the Planning Commission recommend
approval to the City Council.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that the proposed zone code amendments and local coastal
program amendments are exempt from CEQA (California Environmental Quality Act) pursuant
to Section 15061 (b)(3) of the Guidelines.
ATTACHMENTS:
1.
2.
3.
4.
5.
-6.
7.
8.
Planning Commission Resolution No. 4041
Planning Commission Resolution No. 4042
Planning Commission Resolution No. 4043
Planning Commission Resolution No. 4044
Planning Commission Resolution No. 4045
Planning Commission Resolution No. 4046
Planning Commission Resolution No. 4047
Attachment “A” (StrikeoutiHighlight version of amended Ordinances).
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-. ATTACHMENT “A”
CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE
HOUSING ZONING PROVISIONS
CASE NO.: ZCA 91 -05(A)
SECTION 1: That Title 21, Chapter 21.86 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.86.020( 18) to read as follows:
“21.86.020(18) Definitions
“Maximum allowable residential yield” means the maximum number of residential units
permitted on the project site, which number of units is calculated by multiplying the net
developable acreage of the project site times the growth management control point(s) for the
project site’s applicable residential General Plan designation(s). Within the coastal zone, all
environmentally constrained lands identified pursuant to the coastal zoning ordinances and
local coastal programs are considered to be undevelopable and shall be deducted from the
total number of acres of a subject property.”
SECTION 2: That Title 21, Chapter 21.86 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.86.030(d) to read as follows:
“2 1.86.030(d) Regulations for new residential construction.
In cases where a density increase of less than twenty-five percent (25%) is requested,
including cases where a density increase is sought to satish inclusionary housing
requirements, no reduction will be allowed in the number of target dwelling units required.”
SECTION 3: That Title 21, Chapter 21.86 of the Carlsbad Municipal Code is
amended by the addition of Subsection 21.86.060(i) to read as follows:
“2 1.86.060(i) Densitv bonus, eauivalent in-lieu incentives and additional incentives.
In the coastal zone, any housing development processed pursuant to this Chapter shall
be consistent with all certified local coastal program provisions, with the exception of density.”
CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE
HOUSING ZONING PROVISIONS
CASE NO.: ZCA 9 1 -06(A)
SECTION 1 : That Title 21, Chapter 2 1.85 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.86.020( 19) to read as follows:
“2 1.86.020( 19) Definitions
“Net developable acreage (for base residential unit calculations)” means the total number
of acres of a subject property minus those lands considered to be undevelopable, as listed in
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Section 21.53.230 of this code. Within the coastal zone, all environmentally constrained lands
identified pursuant to the coastal zoning ordinances and local coastal programs are
considered to be undevelopable and shall be deducted from the total number of acres of a
subject property.”
SECTION 2: That Title 21, Chapter 2 1.85 of the Carlsbad Municipal Code is
amended by the addition of Section 21.85.120(k) to read as follows:
“2 1.85.120k) Affordable housing standards.
In the coastal zone, any housing development processed pursuant to this Chapter shall
be consistent with all certified local coastal program provisions, with the exception of density.’“
CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE
HOUSING ZONING PROVISIONS
CASE NO.: ZCA 92-04(A)
SECTION 1: That Title 21, Chapter 21.10 of the Carlsbad Municipal Code is
amended by the amendment of Section 21 .lO.O15(c)(3)(C) to read as follows:
“2 1.10.015(~)(3)(C) Second dwelling unit bv administrative permit.
The second dwelling unit must meet the setback, lot coverage, and other development
standards applicable to the zone, which are not addressed within this subsection. In the coastal
zone, any housing development processedpursuant to this Chapter shall be consistent with all
certiped local coastal program provisions, with the exception of density, or as otherwise
specified within this subsection.”
CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE
HOUSING ZONING PROVISIONS
CASE NO.: ZCA 93-05(A)
SECTION 1 : That Title 21, Chapter 21.18 of the Carlsbad Municipal Code is
amended by the addition of Section 21.18.045(~)(3)(B) to read as follows:
“2 1.18.045(~)(3)(B) Senior citizen housing bv site development plan.
In the coastal zone, any senior citizen housing project processed pursuant to this
section and Chapter 21.86 of this code shall be consistent with all certijied local coastal
program provisions, with the exception of dens@ ”
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SECTION 2: That Title 2 1, Chapter 21.18 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.18.045(d)(4)(D) to read as follows:
“2 1.18.045(dM4MD) Senior citizen housing by site development ~lan.
The senior citizen housing project complies with the general plan, zoning. certifled Local
Coastal Program and development policies of the City of Carlsbad, and is consistent with
Section 21.86 of this Title.”
CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE
HOUSING ZONING PROVISIONS
CASE NO.: ZCA 92-02(A)
SECTION 1 : That Title 21, Chapter 21.06 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.06.090 to read as follows:
“2 1.06.090 Develoument Standards.
Property in the Q zone shall be subject to the development standards required in the
underlying zone and any applicable specific plans, except for Affordable Housing Projects as
expressly modified by the site development plan. The site development plan for Affordable
Housing Projects may allow less restrictive development standards than specified in the
underlying zone or elsewhere provided that the project is in conformity with the General Plan
and adopted policies and goals of the City, it would have no detrimental effect on public health,
safety and welfare, and, in the coastal zone, any project processed pursuant to this Chapter
shall be consistent with all certiped local coastal program provisions, with the exception of
density. In addition, the Planning Commission or the City Council in approving a site
- development plan may impose special conditions or requirements which are more restrictive than
the development standards in the underlying zone or elsewhere that include provisions for, but
are not limited to the following:”
SECTION 2: That Title 21, Chapter 21.53 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.53.120(c) to read as follows:
“2 1.53.120(c) Affordable housing multi-familv residential proiects - Site development
plan rewired.
Development Standards. The development (both for multi-family residential and
affordable housing) shall be subject to the development standards of the zone in which the
development is located and/or any applicable Specific or Master Plan except for affordable
housing projects as expressly modified by the site development plan. The site development plan
for Affordable Housing Projects may allow less restrictive development standards than specified
in the underlying zone or elsewhere provided that the project is in conformity with the General
Plan and adopted policies and goals of the City, d it would have no detrimental effect on
public health, safety and welfare, and, in the coastal zone, any project processed pursuant to
this Chapter shall be consistent with all certiped local coastal program provisions, with the
exception of de&@. In addition, the Planning Commission or the City Council in approving a
site development plan may impose special conditions or requirements which are more restrictive
than the development standards in the underlying zone or elsewhere that include provisions for.
but are not limited to the following:”
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