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HomeMy WebLinkAboutZCA 10-05; H.E. Program 2.1 - Mixed Use; Zone Code Amendment (ZCA)The City of Carlsbad Plaimliig 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: ZCA 10-05/LCPA 10-04 - H.E. PROGRAM 2.1 - MIXED USE - 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 recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Carlsbad General Plan Housing Element Program 2.1 by allowing residential uses as a permitted use in certain commercial zones. 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. 6842 and 6843 RECOMMENDING APPROVAL of ZCA 10-05 and LCPA 10-04 based on the findings contained therein. II. INTRODUCTION This proposal involves a City-initiated Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Carlsbad General Plan Housing Element Program 2.1 by allowing residential uses as a permitted use in certain commercial zones. 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 measures 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 Currently, residential uses are allowed in the C-1 Neighborhood Commercial Zone, the C-2 General Commercial Zone and C-L Local Shopping Center Zone, provided that residential uses are located above the ground floor of a mixed use development and subject to approval of a Conditional Use Permit (CUP). The amendment proposes to change residential uses to a permitted use subject to approval of a Site Development Plan (SDP) and includes two new requirements which are described below. The project implements a portion of Housing Element ZCA 10-05/LCPA 10-04 - H.E. PROGRAM 2.1 - MIXED USE December 7,2011 Page 2 Program 2.1 and is consistent with Carlsbad's General Plan, Zoning Ordinance and Growth Management Program. Proposed findings for approval of the amendment are included in the attached resolutions. 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 of current and fiiture 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. State law also requires that sites for which a jurisdiction relies on to meet its RHNA obligation for very low and low income housing be permitted residential use "by right"; that is, the jurisdiction may not make residential use on such a site conditionally permissible. A jurisdiction may, however, require design review. In its review of Carlsbad's draft housing element, the state's Housing and Community Development Department (HCD) identified the following concerns: that a CUP could be used by the Planning Commission to restrict or prohibit residential uses, and that projects would be constructed below a density of 20 du/ac, which HCD considers to be high enough to facilitate housing affordable for lower income families. 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 to amend the zoning ordinance to allow residential uses as a permitted use "by righf' (rather than a conditionally permitted use) in a mixed use format on shopping center sites and commercial areas at a minimum density of 20 du/ac. In the zoning ordinance, residential uses currently are allowed in the Neighborhood Commercial (C-1) Zone, General Commercial (C-2) Zone and Local Shopping Center (C-L) Zone provided that residential uses are located above the ground floor of a mixed use development and subject to approval of a CUP. No density range is specified. The amendment proposes to allow residential uses as follows: • As a permitted use (rather than a conditionally permitted use) in the C-1, C-2 and C-L zones when developed as part of a mixed use project. • At a minimum density of 20 du/ac. • Subject to approval of an SDP. While the SDP is a discretionary permit approved by the Planning Commission, the Plarming Commission may not restrict or prohibit the residential use as part of an SDP, which they can do with a CUP. The SDP allows discretion over development standards related to site design, landscaping, architecture, etc. The following limitations are proposed: • Residential uses must be located above the groimd floor of a commercial building. This will limit the amount of residential uses on a mixed use project and maintain commercial as the predominant use. This limitation is the same as existing regulations. ZCA 10-05/LCPA 10-04 - H.E. PROGRAM 2.1 - MIXED USE December 7,2011 Page 3 • Minimum unit yield is determined by 25% of the net developable site acreage at 20 du/ac (net developable site acreage is the gross acreage minus development constraints as required by Carlsbad Municipal Code Section 21.53.230). • For density in excess of 20 du/ac, a finding must be made that the residential use is secondary and accessory to the primary commercial use of the site. IV. ANALYSIS A. General Plan consistency 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 2.6 - Encourage increased integration of housing with nonresidential development where appropriate. B. Zoning Ordinance and Local Coastal Program consistency An integral component of any Zoning Ordinance amendment is a requirement to find that the proposed amendments are intemally 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 Program consistency The Growth Management Program established a dwelling unit cap for the city as well as individual quadrants. To ensure dwelling unit caps are not exceeded, Carlsbad developed a tracking system called the "Excess Dwelling Unit Bank" to account for projects approved both below and above the Growth Management Control Point (GMCP) densities. Excess dwelling units are units that have become available as a result of residential projects being approved and constructed with fewer dwelling units than would have been allowed by the Growth Management Control Point (GMCP) densities. Dwelling units that become "excess" shall be ZCA 10-05/LCPA 10-04 - H.E. PROGRAM 2.1 - MIXED USE December 7, 2011 Page 4 added to the bank, and may be allocated to projects located in any quadrant so long as the quadrant and citywide dwelling unit caps are not exceeded. For any fiiture mixed use projects in the C-1, C-2 and C-L zones, all dwelling units must come from the bank because the primary land use designation for these properties is non-residential, and no residential units were allocated to these designations through the Growth Management Program. The 2005-2010 Housing Element determined that sufficient excess dwelling units exist in the bank for the implementation of Program 2.1, including future allocations for mixed use residential projects in the C-1, C-2 and C-L zones. As such, the Mixed Use 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 California 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 Mixed Use 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 allow housing by right, in the form of mixed use residential and commercial projects developed at 20 du/ac, in Carlsbad's commercial zones. Residential uses are already conditionally permitted in C-1, C-2 and C-L zones with no stated limit on density. Because Program 2.1 would allow mixed use residential as a permitted use (by right), rather than by conditional use permit, the MND determined that no additional environmental review would be necessary. As such, 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 Plaiming Department. ATTACHMENTS: 1. Plaiming Commission Resolution No. 6842 (ZCA) 2. Planning Commission Resolution No. 6843 (LCPA) 3. Strikeout/underline version of the proposed Zoning Ordinance amendment ATTACHMENT 3 ZCA 10-05/LCPA 10-04 H.E. PROGRAM 2.1 - MIXED USE STRIKE-OUT/UNDERLINE AMENDMENTS TO CHAPTER 21.26 The list of sections in Chapter 21.26 (C-1 Neighborhood Commercial Zone) is proposed to be amended by the addition of the reference to 21.26.015. I 21.26.015 Residential uses in the C-1 Zone. 21.26.010 The following "Use" in Table A of Section 21.26.010 (C-1 Neighborhood Commercial Zone, Permitted uses) is proposed to be amended as follows: Use Residential uses located above the ground floor of a multi story. e<:)mmercial building (subject to Section 21.42.140(B)(130)) (subject to Section 21.26.015 of this title) X CUP Acc 21.26.015 Section 21.26.015 is proposed to be added to Chapter 21.26 (C-1 Neighborhood Commercial Zone) as follows: 21.26.015 Residential uses in the C-1 Zone. Mixed use developments that propose residential uses in combination with commercial u.ses shall comply with the following requirements. A, Residential uses shall be located above the ground floor of a nuilti-storied commercial buildina with one or more of the non-residential uses permitted by Section 21.26.010 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. 2] .26. 21.44. and in the case of airspace subdivisions. 21.47. C At the minimum, residential uses shall be constructed at the RHNA Base density for the Residential High (RH) General Plan designation of 20 units per acre as described on Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan processed in accordance with Chapter 21.06 of this tide. 1, Density and yield of residential uses shall be detennined consistent with the residential density calculations and residential development restrictions in Section 21.53.230 of this title and shall be based on 25% 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. ATTACHMENT 3 Section 21.26.020 of Chapter 21.26 (C-1 Neighborhood Commercial Zone) is proposed to be amended as follows: 21.26.020 - Limitations on permitted uses in C-1 zone. Every non-residential use permitted shall be subject to the following conditions and limitations: (1) All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations, nurseries for sale of plants and flowers and other enterprises customarily conducted in the open; (2) Products made incident to a permitted use shall be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing, processing and treatment of products permitted herein; (3) Storage shall be limited to accessory storage of commodities sold at retail on the premises. AMENDMENTS TO CHAPTER 21.28 The list of sections in Chapter 21.28 (C-2 General Commercial Zone) is proposed to be amended by the addition of the reference to 21.28.015. I 21.28.015 Residential uses in the C-2 Zone. 21.28.010 The following "Use" in Table A of Section 21.28.010 (C-2 General Commercial Zone, Permitted uses) is proposed to be amended as follows: Use CUP Acc Residential uses located above the ground floor of a multi story, commercial building (subject to Section 21.42.H0(B)(13())) (subject to Section 21.28.015 of this title) X 21.28.015 Section 21.28.015 is proposed to be added to Chapter 21.28 (C-2 General Commercial Zone) as follows: 21.28.015 Residential uses in the C-2 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 21.28.010 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. 21.28. 21.44. and in the case of airspace subdivisions. 21.47. C. At the minimum, residential uses shall be constructed at the RHNA Base density for the Residential High (RH) General Plan designation of 20 units per acre as described on Table 2 of the General Plan Land Use Element subject to approval of a Site Development Plan processed in accordance with Chapter 21.06 of this title. ATTACHMENT 3 L 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 25% 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 21.28.020 of Chapter 21.28 (C-2 General Commercial Zone) is proposed to be amended as follows: 21.28.020 - Limitations on permitted uses. Every non-residential use permitted in the C-2 zone shall be subject to the following conditions and limitations: (1) All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations, horticultural nurseries and other enterprises customarily conducted in the open. (2) Products made incident to a permitted use and manufactured or processed on the premises shall be sold only at retail on the premises, and not more than five persons may be employed in such manufacturing, processing and treatment of products. (3) Storage shall be limited to accessory storage of commodities sold at retail on the premises. AMENDMENTS TO CHAPTER 21.31 The list of sections in Chapter 21.31 (C-L Local Shopping Center Zone) is proposed to be amended by the addition of the reference to 21.31.065. I 21.31.065 Residential uses in the C-L Zone. 21.31.030 The following "Use" in Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) is proposed to be amended as follows: Use P CUP Acc Residential uses located above the ground floor of a multi story, commercial building (subject to Section 21.42.140(B)(130)) (subject to Section 21.31.065 of this title) X 2 21.31.030 The footnotes of Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) are proposed to be amended as follows: Notes: Accessory buildings and structures and ancillary uses shall be developed as an integral part of a 3 ATTACHMENT 3 permitted use within or on the same structure or parcel of land. 2. Educational facilities, other. No individual educational facility shall occupy more than ten thousand square feet of gross leasableleaseable floor area within any local shopping center. 3. Offices. The total floor area of an office uses shall not exceed forty percent of the gross leasableleasoablo floor area within any local shopping center. 4. Retail sales may also include those types of goods and services that are typically offered by "community" retail establishments^. When "community" retail establishments are included in a local shopping center, they shall be subject to the following: the definition of a local shopping center. Section 21.31.020, and the function of the local shopping center land use class as described in the Carlsbad general plan. 5. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 21.31.065 Section 21.31.065 is proposed to be added to Chapter 21.31 (C-L Local Shopping Center Zone) as follows: 21.31.065 Residential uses in the C-L 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 21.31.030 of this tide 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. 21.31, 21.44. and in the case of airspace subdivisions. 21.47. C At the minimum, residential uses shall be constructed at the RHNA Base density for the Residential High (RH) General Plan designation of 20 units per acre as described on Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan processed in accordance with Chapter 21.06 of this title. 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 25% 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 21.31.070 of Chapter 21.31(C-L Local Shopping Center Zone) is proposed to be amended as follows: 21.31.070 - Limitations on permitted uses in C-L zone. Every non-residential use permitted shall be subject to the following conditions and limitations: A. Conduct Uses in Buildings. All uses shall be conducted wholly within a building, except such uses as gasoline stations, nurseries for sale of plants and flowers, uses set out in Section 21.31.060, and other enterprises customarily conducted in the open or otherwise as identified and permitted in a site ATTACHMENT 3 development plan. The planning director is authorized to make any necessary interpretations of this subsection; B. On-Site Manufacture of Goods. Products made incident to a permitted use shall be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing of products permitted herein; , C. Storage shall be limited to: 1. Accessory storage of commodities to be sold at retail on the premises; and 2. Materials to be recycled. AMENDMENTS TO CHAPTER 21.42 21.42.I4U Section 21.42.140(B)(130) of Chapter 21.42 (Minor Conditional Use Permits and Conditional Use Permits) is proposed to be amended as shown: 130. Reserved. Residential uses located above the ground floor of a multi storied commercial building: Br. One or more of the uses pemtitted by Section 21.26.010 of this title is required to be located on the ground floor of the building.