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Program 2.1 - Mixed Use; Zone Code Amendment (ZCA) (2)^ CITY OF CARLSBAD •O bEy io'3i LAND USE REVIEW APPLICATION P-1 Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Develooment Permits (FOR DEPT USE ONLY) Leaislative Permits (FOR DEPT USE ONLY) Q Administrative Pemiit 1 1 General Plan Amendment Q Coastal Development Pemiit (*) QMinor Local Coastal Program Amendment (*) LCpA lo-oi [~| Conditional Use Permit (*) O Minor O Extension 1 1 Master Plan | | Amendment Q Environmental Impact Assessment 1 1 Specific Plan Q Amendment Q Habitat Management Permit O Minor n Zone Change (*) Q Hillside Development Permit (*) ^[ Zone Code Amendment ZcAio-OS Q Planned Development Penmit O Residential O Non-Residential Q Planned Industrial Pennit List other aoolications not soecified Q Planning Commission Detennination • Q Site Developmenl Plan • Q Special Use Pemiit • Q Tentative Tract Map (*) = eligible for 25% discount Q Variance | | Administrative NOTE: A PROPOSED PROJECT REQUIRING MULnPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: {^/ V^ - widt^ PROJECTNAME BRIEF DESCRIPTION OF PROJECT: ^T^^/.^.^y . ^.^/.^ ^l.J BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: ON THE: STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) BETWEEN AND (NAME OF STREET) (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of 5 Revised 01/10 CJ OWNER NAME (Print): APPLICANT NAME {PrmCkric ^^^^ MAILING ADDRESS: MAILING ADDRESS:/^J5 /^.^ v CITY, STATE, ZIP: CITY, STATE, ZIP: C^/^^JL "^^loolr TELEPHONE: TELEPHONE: O^o^^o^- VS^X EMAILADDRESS: EMAILADDRESS: Ckr,^ .»i^cl^c^,^lskAJLc^.<^^v 0 0 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY^NOWLEDGE. SIGNATURE DATE SfGl^ATURE DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED JUL 2 3 2010 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 5 Revised 01/10 The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matten I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos/Vista and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: November 25. 2011 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of Califomia oi^ this 25th day of November, 2011. 1^ i NOV 28 2011 I PLAM Wif Space above for County Clerk's Filing Stamp Clerk of the Printer PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, ttiat ttie Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carisbad, California, at 6:00 p.m". on Wednesday, December 7, 2011, to consider the following: ZCA 10-05rt.CPA 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. This project is within the scope of the MND for GPA 03-02 and no further CEQA compliance is required. It you challenge these projects in court, you may be limited to rais- ing only those issues you or someone else raised at the public hearing descritied in this notice or in written correspondence delivered to the City of Cartsbad at or prior to the public hearing. Copies of the environmental documents are avaiiabie at the Planning Division at 1635 Faraday Avenue during regular busi- ness hours from 7:30 am to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm Friday Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at http://carlsbad.granicus.com/ViewPublisher.php?view_id=6 on or after the Friday prior to the hearing date. If you have any ques- tions, please call the Planning Division at (760) 602-4600. 11/25/11 CN 12596 Cl IV l ' V < ^^.^ ^pg^g ^j^g (.Qjj^^y Qerk's Filing Stamp DEC 012011 PLAN. PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of e years and not a party to or interested in the entitled matter. I am the principal clerk of the of Proof of Publication of North County Tim Formerly known as the Blade-Citizen and The Advocate and which newspapers have adjudicated newspapers of general circulation Superior Court of the County of San Diego, California, for the City of Oceanside and the Escondido, Court Decree number 171349, County of San Dlego, that the notice of wl annexed Is a printed copy (set in type not sma nonpariel), has been published In each regi entire issue of said newspaper and not supplement thereof on the following dates, to-\ November 25'", 2011 I certif/ (or declare) under penalty of perjury foregoing is true and correct. PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, December 7,2011, to consider the following: 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 IVIitigated 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. This project is within the scope of the MND for GPA 03-02 and no further CEQA compliance is required. If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular business hours from 7:30 am to 5:30 pm IVlonday through Thursday and 8:00 am to 5:00 pm Friday. Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at http://carlsbad.aranicus.com/ ViewPublisherphp?view id=6 on or after the Friday prior to the hearing date. If you have any questions, please call the Planning Division at (760) 602-4600. PUBLISH: November 25, 2011 CITY OF CARLSBAD PLANNING DIVISION Dated at Escondido, California On this 25^', davof<Novec[iber, 2011 Jane Allshouse NORTH COUNTY TIMES Legal Advertising H=l Ln to cr .3- itO I la • zn o • ru ru icr • n- U.S. Postal Service™ CERTIFIED MAIL,, RECEIPT^ (Domestic Mail Only; No Insurance Coverage , /idee For delivery information visit our website at www.usps.connie Postage Certified Fee Retum Receipt Fee (Endorsement Required) Postmark Here Restricted Delivery Fee (Endorsement Required) Total Posta Senf To street. Apt. h orPOBoxNt 'ciiy,'siaie'z California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 PS Form 3800. August 2006 lilMilillWi m o o FILE COPY Ax ^.f^^ CITY OF V CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, December 7, 2011, to consider a request for the following: CASE NAME: ZCA 10-05/LCPA 10-04 - H.E. Program 2.1 - IVIixed Use PUBLISH DATE: November 25, 2011 DESCRIPTION: 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. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Corey Funk in the Planning Division at (760) 602-4645, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the CityofCarlsbad at or priorto the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION »w^a Planning Division Wm 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: October 28*^ 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On this 28'^ day of October 2011 of Octobi Jane Allshouse NORTH COUNTY TIMES Legal Advertising CITYOFCARLSBAD; N0V 08 2u,i PLANNING DEPARTMENT Proof of Publication of PUBLIC NOTICE TO INTERESTED PARTIES: Please be advised that the City of Carlsbad is considering text amend- ments to its Local Coastal Program (LCP) as summanzed below. This amendmefit is being proposed by the City of Carlsbad and is currently un- der review. This notice hereby opens a six week review period alter which the Planning Commission and City Council will consider all comments and act on the proposed amendment. The Planning Commission hearing is expected to take place in December 2011, and will be duly noticed. The City Council hearing is expected to take place in January 2012. and will be duly noticed. Copies of the LCP amendment are available for review at the following locations: (1) Carlsbad Planning Di- vision, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main Li- brary, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the California Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 10-04 - Housing Element Program 2.1 Mixed Use The City's Zoning Ordinance is the implementing ordinance for the City's Local Coastal Program. According- ly, this Local Coastal Program Amendment is necessary to ensure consistency between its proposed amended Zoning Ordinance and its Local Coastal Program. This specif- ic Zone Code Amendment is as follows: This proposal involves city-initiated Zone Code and Local Coastal Pro- gram Amendment to implement a portion of Housing Element Program 2.1 by changing residential uses from a conditionally permitted use to a permitted use and by establishing j two new requirements for residential uses in the following three commer- cial zones; C-1 Neighborhood Com- ^ mercial Zone, C-2 General Commer- , I cial Zone and C-L Local Shopping [ Center Zone. If you have any questions, please call Corey Funk in the Planning Divi- sion al 760-602-4645. Written com- ments should be sent to the Planning Division at 1635 Faraday Avenue, Carisbad, California 92008. PUBLISH DATE; October 28, 2011 net 23C2692 The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos/Vista and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: October 28. 2011 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of Califomia on this 28th day of October, 2011. ^ Clerk of the Printer . CARLG3AL) OCT 312011 jPLAf\!NiN{3b^f-ARTfv!EMTi Space above for County Clerk's Filing Stamp PUBLIC NOTICE TO INTERESTED PARTIES: Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program (LCP) as summarized below. This amendment is being proposed by the City of Carlsbad and is currently under review. This notice hereby opens a six week review period after which the Planning Commission and City Council will consider all comments and act on the proposed amend- ment. The Planning Commission hearing is expected to take place in December 2011, and will be duly noticed. The City Council hear- ing is expected to take place in January 2012, and will be duly noticed. Copies of the LCP amendment are available for review at the follow- ing locations; (1) Carlsbad Planning Division, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carisbad Village Drive; (3) Carisbad Main Library, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the California Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 10-04 - Housing Element Program 2.1 Mixed Use The City's Zoning Ordinance is the implementing ordinance for the City's Local Coastal Program. Accordingly, this Local Coastal Program Amendment is necessary to ensure consistency between its proposed amended Zoning Ordinance and its Local Coastal Program. This specific Zone Code Amendment is as follows: This proposal involves city-initiated Zone Code and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by changing residential uses from a conditionally per- mitted use to a permitted use and by establishing two new require- ments for residential uses in the following three commercial zones: C-1 Neighborhood Commercial Zone, C-2 General Commercial Zone and C-L Local Shopping Center Zone. If you have any questions, please call Corey Funk in the Planning Division at (760) 602-4645. Written comments should be sent to the Planning Division at 1635 Faraday Avenue, Carlsbad, California 92008. 10/28/11 CN 12473 Acr. or ^ ^ FILECOPY V CARLSBAD Planning Division www.carlsbadca.gov TO INTERESTED PARTIES: Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program (LCP) as summarized below. This amendment is being proposed by the City of Carlsbad and is currently under review. This notice hereby opens a six week review period after which the Planning Commission and City Council will consider all comments and act on the proposed amendment. The Planning Commission hearing is expected to take place in December 2011, and will be duly noticed. The City Council hearing is expected to take place in January 2012, and will be duly noticed. Copies of the LCP amendment are available for review at the following locations: (1) Carlsbad Planning Division, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main Library, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the California Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 10-04- Housing Element Program 2.1 Mixed Use The City's Zoning Ordinance is the implementing ordinance forthe City's Local Coastal Program. Accordingly, this Local Coastal Program Amendment is necessary to ensure consistency between its proposed amended Zoning Ordinance and its Local Coastal Program. This specific Zone Code Amendment is as follows: This proposal involves city-initiated Zone Code and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by changing residential uses from a conditionally permitted use to a permitted use and by establishing two new requirements for residential uses in the following three commercial zones: C-1 Neighborhood Commercial Zone, C-2 General Commercial Zone and C-L Local Shopping Center Zone. If you have any questions, please call Corey Funk in the Planning Division at (760) 602-4645. Written comments should be sent to the Planning Division at 1635 Faraday Avenue, Carlsbad, California 92008. PUBLISH DATE: October 28, 2011 PUBLISH DATE FOR NORTH COUNTY TIMES: October 28, 2011 PUBLISH DATE FOR COAST NEWS: October 28, 20U 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © Notice of Determmation To: Office of Planning and Research From: P.O. Box 3044 Sacramento, CA 95812-3044 ^ ^ Q 0. 1 ® XJ SD County Clerk Kme«l.l DFonenbufg..lr,RfcprtoCo«m> cierk SD County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway SanDiego, CA 92101 CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 BY FEB 1 7 2012 H. Ayuyao Filing of Notice Resources Code. DEPUTY Project No: ZCA 1Q-05/LCPA 10-04 of Determination in compliance with Section 21108 or 21152 of the Public H.E. PROGRAM 2.1 - MIXED USE Project Title 2006051076 City of Carlsbad, Corey Funk (760)602-4645 State Clearinghouse No. Lead Agency, Contact Person Telephone Number Citywide Project Locations (include County) Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Ave., Carlsbad, CA 92008 Applicant's Telephone Number: 760-602-4600 Project Description: Approval of a Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Program 2.1 of the City of Carlsbad 2005-2010 Housing Element (Project No. GPA 03-02) by allowing residential uses as a permitted use in certain commercial zones. This is to advise that the City of Carlsbad has approved the above described project on January 24, 2012, and found that the project is within the scope of the previously adopted Mitigated Negative Declaration and does not require a new Negative Declaration consistent with CEQA Guidelines 15162. The City has also made the following determinations regarding the above described project. 1. The project will not have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions ofCEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 1X1 This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the fmal Mitigated Negative Declaration with comments and responses and record o/^oject approval is available to the General Public at THE CITY OF CARLSBAD. <2-/r-/2 DON NEU, City Planner Date received for filing at OPR: Date RLED IN THE OFFICE OF THE COUr;iTY CLERK FEB 1 7 2012 san Die® County on „ ftJS^Bc! 'Lb 1 / ZUIZ Ramed Dcpiity. ' ^ ^ mm Revised 06/10 Notice of Determination To: ^ . Office ofPlanning and Research From: CITY OF CARLSBAD P.O. Box 3044 Planning Department Sacramento, CA 95812-3044 tl ft m 1635 Faraday Avenue El SD County Clerk ^ (760)602-4600 Attn: Linda Kesina DEC 2 4 2009 Mail Stop A-33 BY Kesiao 1600 Pacific Highway DEPUTY SanDiego, CA 92101 Project No: GPA 03-02 Filing of Notice of Determination in compliance with Section 21108 or 21152 ofthe Public- Resources Code. 2005 - 2010 Housing Element . Project Title City ofCarlsbad, Scott Donnell (760) 602- 4618 State Clearinghouse No. Lead Agency, Contact Person Telephone Number All areas within the city limits of Carlsbad in San Diego County Project Locations (include County) Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Ave., Carlsbad, CA 92008 Applicant's Telephone Number: (760) 602-4618 Project Description: Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment to adopt the update of the Housing Element for the 2005-2010 housing cycle as required by the Califomia Goyemment Code and which affects properties throughout the city. This is to advise that the City of Carlsbad has approved the above described project on December 22, 2009, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the enviromnent 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions ofCEQA. This is to certify that the final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program with comments and responses and record of project approval is available to the^eneral Public at THE CITY OF CARLSBAD. ON NEU, Planning DiktST Dilgo Coltyl. ^D5^ Date received for filing at OPR: ^'^sieo -^-MtitM™ Removed ^eIur^efl lo agency on , ieputy,„.„._ _ L. Revised December 2004 state of California—The Resources Agency DEPARTMENT OF FISH AND GAME 2009 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT* SD2009 1201 STATE CLEARING HOUSE # (itapplicable) LEADAGENCY CITY OF CARLSBAD DATE 12-24-2009 COUNTY/STATE AGENCY OF FILING SAN DIEGO DOCUMENTNUMBER 12-24-2009 PROJECTTITLE 2005-2010 HOUSING ELEMENT PROJECTAPPLICANT NAME CITY OF CARLSBAD PHONENUMBER 760-602-4618 PROJECTAPPLICANTADDRESS 1635 FARADAY AVE CITY CARLSBAD STATE CA ZIPCODE 92008 PROJECT APPLICANT (Check appropriate box): • Local Public Agency • School District • other Special District • State Agency Q Private Entity CHECK APPLICABLE FEES: • Environmental Impact Report |7] Negative Declaration Q Application Fee Water Diversion (State Water Resources Control Board Only) • Projects Subject to Certified Regulatory Programs Q County Administrative Fee Q Project that is exempt from fees Q Notice of Exemption Q DFG No Effect Determination (Form Attached) • other PAYMENT METHOD: • Cash • Credit • Check • Other 197861 $2,768.25 $ $1,993.00 $ $850.00 $ $941.25 $ $50.00 $ $1,993.00 $50.00 TOTALRECEIVED $ $2,043.00 SIGNATURE X L. Kesian TfFLE Deputy lliii ORIGINAL-PROJECT APP LICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) ^^^^ i A^nc State of California—The Resources /^ncy DEPARTMENTOF FISH AND GAME 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARS RECEIPT* SD2012 0151 STATE CLEARING HOUSE # (ifapplicable) LEADAGENCY CITY OF CARLSBAD DATE 02/17/2012 COUNTY/STATEAGENCY OF FILING CITY OF CARLSBAD DOCUMENTNUMBER *20120151* PROJECTTITLE H.E. PROGRAM 2.1- MIXED USE PROJECTAPPLICANT NAME CITY OF CARLSBAD PHONENUMBER 760/602-4600 PROJECTAPPLICANTADDRESS 1635 FARADAY AVE CITY CARLSBAD STATE CA ZIPCODE 92008 PROJECTAPPLICANT (Check appropriate box): • Local Public Agency Q School District • Other Special District a State Agency • Private Entity CHECK APPLICABLE FEES: • Environmental impact Report • Negative Declaration • Application Fee Water Diversion fSfafe Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Programs Q County Administrative Fee • Project that is exempt from fees Q Notice of Exemption Q DFG No Effect Determination (Form Attached) • Other $2,919.00 $2,101.50 $850.00 $992.50 $50.00 PAYMENT METHOD: • Cash • Credit $50.00 • Check • Other. TOTALRECEIVED $ $50.00 SIGNATURE ^ Ayuyao TITLE X Deputy REM: 12/24/2009 - - — ^ -i I RCT: SD2009 1201 F lllllllllllllllllllllllllllllllllllllllllllllll ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) Notice of Determination To: O Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812-3044 From: SD County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway SanDiego, CA 92101 ^ 0 CL 1 Emeu J Dr6iienbuT|, Ir, RsspnJsT Qm\) CIsvk CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 BY FEB 1 7 2012 H. Ayuyao BIPDTY Filing of Notice Resources Code. of Determination in compliance with Project No: ZCA 10-Q5/LCPA 10-04 Section 21108 or 21152 of the Public H.E. PROGRAM 2.1 - MIXED USE Project Title 2006051076 City of Carlsbad, Corey Funk (760)602-4645 State Clearinghouse No. Lead Agency, Contact Person Telephone Number Citywide Project Locations (include County) Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Ave., Carlsbad, CA 92008 Applicant's Telephone Number: 760-602-4600 Project Description: Approval of a Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Program 2.1 of the City of Carlsbad 2005-2010 Housing Element (Project No. GPA 03-02) by allowing residential uses as a permitted use in certain commercial zones. This is to advise that the City of Carlsbad has approved the above described project on January 24, 2012, and found that the project is within the scope of the previously adopted Mitigated Negative Declaration and does not require a new Negative Declaration consistent with CEQA Guidelines 15162. The City has also made the following determinations regarding the above described project. 1. The project will not have a significant effect on the environment. 2. Q An Environmental Impact Report was prepared for this project pursuant to the provisions ofCEQA. r~l A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. ^ This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Mitigated Negative Declaration with comments and responses and record of^roject apoBoval is available to the General Public at THE CITY OF CARLSBAD. DON NEU, City Planner Date Date received for filing at OPR: ai Fp \H THF Oi'T-ICr OF I riE COUNT" ; : . ,FEB 1 "I 201'' San Om wwmv on , JLhr..' ' RsriKivijci, Revised 06/10 W ^ 11.9 0 3 73 Notice of Determination To: ^ , Office ofPlanning and Research From: CITYOFCARLSBAD P.O. Box 3044 Planning Department Sacramento, CA 95812-3044 rt (1 w ^ 1635 Faraday Avenue 1^ SD County Clerk ""lycw (760)602-4600 Attn: Linda Kesina DEC 24 2009 , Mail Stop A-33 gy £. Kesiao 1600 Pacific Highway DEPUTY San Diego, CA 92101 Project No: GPA 03-02 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public- Resources Code. 2005 - 2010 Housing Element . Project Title City ofCarlsbad, Scott Donnell (760) 602- 4618 State Clearinghouse No. Lead Agency, Contact Person Telephone Number All areas within the city limits of Carlsbad in San Diego County Project Locations (include County) Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Ave., Carlsbad, CA 92008 Applicant's Telephone Number: (760)602-4618 . Project Description: Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment to adopt the update of the Housing Element for the 2005-2010 housing cycle as required by the Califomia Goyemment Code and which affects properties throughout the city. This is to advise that the City of Carlsbad has approved the above described project on December 22, 2009, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program with comments and responses and record of project approval is available to thejGeneral Public at THE CITY OF CARLSBAD. X" / ir '-^^ fO^Wl m THE OFFICE QCJiiC(^QjjNTVXLFkk ^A^^l^^ pONfCEU, Planning DifTctor ^a,^^^ County on ^^^^ ^ Date received for filing at OPR: 'osted-JELi^JMl^^ed. ^feturned to agency on LrKesiarr Revised December 2004 C David L. Butler COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 216975520091224 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 24-Dec-2009 13:18 FEES: 1,993.00 Qtyofl Fish & Game Neg Dec (1800) for Ref# NOD: 090373 50.00 Qtyofl FeeNoticeofExemptionforReffRCT: 1201 2,043.00 TOTAL DUE PAYMENTS: 2,043.00 Check 2,043.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies; Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcccom ^ Forms and Applications Frequently Asked (Questions (FAQs) Grantor/ Grantee Index Fictitious Business Names Index (DBAs) Property Sales On-Line Piorchases Assessor Parcel Maps Property Characteristics Recorded Documents State of Califomia—The Resources Agency DEPARTMENT OF FISH AND GAME 2009 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT# SD2009 1201 STATE CLEARING H0USE#((rapp«ca6/e) LEADAGENCY CITY OF CARLSBAD DATE 12-24-2009 COUNTY/STATEAGENCY OF FILING SAN DIEGO DOCUMENTNUMBER 12-24-2009 PROJECTTITLE 2005-2010 HOUSING ELEMENT PROJECTAPPLICANT NAME CITY OF CARLSBAD PHONENUMBER 760-602-4618 PROJECTAPPLIC/iiNTADDRESS 1635 FARADAY AVE CITY CARLSBAD STATE CA ZIPCODE 92008 PROJECT APPLICANT (Check appropriate box): Q Local Public Agency Q School District • Other Special District • State Agency Q Private Entity CHECK APPLICABLE FEES: • Environmental Impact Report Q Negative Declaration Q Application Fee Water Diversion (State Water Resources Contmi Board Only) Q Projects Subject to Certified Regulatory Programs Q County Administrative Fee Q Project that is exempt from fees Q Notice of Exemption Q DFG No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit Q Check • Other 197861 $2,768.25 $ $1,993.00 $ $850.00 $ $941.25 $ $50.00 $ $1,993.00 $50.00 TOTALRECEIVED $ $2,043.00 SIGNATURE X L. Kesian TrR£ Deputy Illllliiliii ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) EQest J. Dronenburg, Jp COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 SanDiego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 266090220120217 Deputy: HAYUYAO Location: COUNTY ADMINISTRATION BUILDING 17-Feb-2012 15:40 FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Rem 20120151 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcccom Forms and Applications Frequently Asked Questions (FAQs) Grantor/ Grantee Index Fictitious Business Names Index (DBAs) Property Sales On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents state of California—The Resources Ayency DEPARTMENT OF FISH AND GAME 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARK RECEIPTS SD2012 0101 STATE CLEARING HOUSE # (iiapplicable) 2006051076 LEADAGENCY DATE CITY OF CARLSBAD Planning Division 02/02/2012 COUNTY/STATEAGENCY OF FILING DOCUMENTNUMBER San Diego *2012002r PROJECTTITLE H.E. PROGRAM 2.1 MIXED USED PROJECTAPPLICANT NAME City of Carlsbad PHONENUMBER 760/602-4600 PROJECTAPPLICANTADDRESS 1635 Faraday Avenue CITY Carlsbad STATE CA ZIPCODE 92008 PROJECTAPPLICANT (Check appropriate box): El Local Public Agency • School District • Other Special District • State Agency • Private Entity CHECK APPLICABLE FEES: • Environmental Impact Report • Negative Declaration • Application Fee Water Diversion (State Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Programs 3 County Administrative Fee Q Project that is exempt from fees Q Notice of Exemption • DFG No Effect Determination (Form Attached) • Other $2,919.00 $2,101.50 $850.00 $992.50 $50.00 PAYMENT METHOD: • Cash • Credit 12 0 0 21 • Check • Other 225563 & see below $50.00 TOTALRECEIVED $50.00 siGNATURE^-r;'-':'""'^.-' " N Trn_E /^/l/^ ^ E. Tamez /^/l/^ ^ E. Tamez Deputy llllllllilllllllllllllillillllllllll ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY - COUNTY CLERK FG 753.5a (Rev. 7/08) Noticepf Determination O O rmination 12 0« fl To: • Office of Planning and Research From: CITY OF CARLSBAD P.O. Box 3044 Planning Dmsion Sacramento, CA 95812-3044 1635 Faraday Avenue D H 1 © Carlsbad, CA 92008 IE! SD County Clerk ^mesi.: Dronenburg. .lr. tmini> tlurli (760) 602-4600 Attn: Linda Kesian ^ Mail Stop A-33 ¥.mmz 1600 Pacific Highway gy SanDiego, CA 92101 Oi^lW Project No: ZCA 10-05/LCPA 10-04 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. H.E. PROGRAM 2.1 - MIXED USE Project Title 2006051076 City of Carlsbad, Corey Funk (760)602-4645 State Clearinghouse No. Lead Agency, Contact Person Telephone Nuniber Citywide Project Locations (include County) Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Ave., Carlsbad, CA 92008 Applicant's Telephone Number: 760-602-4600 Project Description: Approval of a Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Program 2.1 of the City of Carlsbad 2005-2010 Housing Element (Project No. GPA 03-02) by allowing residential uses as a permitted use in certain commercial zones. This is to advise that the City of Carlsbad has approved the above described project on January 24, 2012, and found that the project is within the scope of the previously adopted Mitigated Negative Declaration and does not require a new Negative Declaration consistent with CEQA Guidelines 15162. The City has also made the following detenninations regarding the above described project. 1. The project will not have a significant effect on the environment. 2. O An Environmental Impact Report was prepared for this project pursuant to the provisions ofCEQA. n A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. ^ This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Mitigated Negative Declaration with comments and responses and record iffVroject aporova! is available to the General Public at THE CITY OF CARLSBAD. rlLbD iN THE omce OF THE COUNTY CIERK DON NEU, City Planner "^^'^^ 11 ii- . .^^ ^^^^ San DiegoCoufiJjf on FbR H 7 'ill/ —— Date received for filing at OPR: posted fCD 0 1 ^^^'^ Rgi^twed — Returned to asengof^.^^ —— ' ' " Revised 06/10 Efiiest J. Dronenburg, JO COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 SanDiego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 265069520120202 Deputy: ETAMEZ Location: COUNTY ADMINISTRATION BUILDING 02-Feb-2012 13:47 FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Ref# 120021 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcccom * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents Notice of Determination 1 2 0 0 2 To: • Officeof Planning and Research From: CITYOFCARLSBAD P.O. Box 3044 Planning Division Sacramento, CA 95812-3044 1635 Faraday Avenue D IL [1 ID Carlsbad, CA 92008 El SD County Clerk ^mesi ,l Dronenburg. .Ir. K,a)rdcr Cmmi) (760) 602-4600 Attn: Linda Kesian rirDn9'7ni9 Mail Stop A-33 ^ Tame: 1600 Pacific Highway gy San Diego, CA 92101 omTfV Project No: ZCA 10-05/LCPA 10-04 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. H.E. PROGRAM 2.1 - MIXED USE Project Title 2006051076 City of Carlsbad, Corey Funk (760) 602-4645 State Clearinghouse No. Lead Agency, Contact Person Telephone Number Citywide Project Locations (include County) Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Ave., Carlsbad, CA 92008 Applicant's Telephone Number: 760-602-4600 Project Description: Approval of a Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Program 2.1 of the City of Carlsbad 2005-2010 Housing Element (Project No. GPA 03-02) by allowing residential uses as a permitted use in certain commercial zones. This is to advise that the City of Carlsbad has approved the above described project on January 24, 2012, and found that the project is within the scope of the previously adopted Mitigated Negative Declaration and does not require a new Negative Declaration consistent with CEQA Guidelines 15162. The City has also made the following determinations regarding the above described project. 1. The project will not have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions ofCEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. IXI This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Mitigated Negative Declaration with comments and responses and record Iproject aperoval is available to the General Public at THE CITY OF CARLSBAD. -ILED IW THE omce OF THE COUNTY Cl FRK DON NEU, City Planner •'""-Ciu in mu . ^ ^^^^ San Diego CotjnJy on FLD II ? /nU ,^ ^ • Date received for filing at OPR: ppsted-TCP Q I 201? • -^?^raif Returned to aj|eng ofy~^^- Deputy... F. Revised 06/10 state of Califomia-^The Resources Agency DEPARTMENT OF FISH AND GAME 2009 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT* SD2009 1201 STATE CLEARING HOUSE#(ifappiicabia) LEADAGENCY CITY OF CARLSBAD DATE 12-24-2009 COUNTY/STATEAGENCY OF FILING SAN DIEGO DOCUMENTNUMBER 12-24-2009 PROJECTTITLE 2005-2010 HOUSING ELEMENT PROJECTAPPLICANT NAME CITY OF CARLSBAD PHONENUMBER 760-602-4618 PROJECT/VPPLICANTADDRESS 1635 FARADAY AVE CITY CARLSBAD STATE CA ZIPCODE 92008 PROJECT APPLICANT (Check appropriate box): (3 Local Public Agency Q School District • other Special District • State Agency Q Private Entity CHECK APPLICABLE FEES: Q Environmental Impact Report El Negative Declaration Q Application Fee Water Diversion CSfafe Water Resources Contmi Board Only) Q Projects Subject to Certified Regulatory Programs Q County Administrative Fee Q Project that Is exempt from fees • Notice of Exemption Q DFG No Effect Determination (Form Attached) • other PAYMENT METHOD: • Cash • Credit • Check • Other 197861 $2,768.25 $ $1,993.00 $ $850.00 $ . $941.25 $ $50.00 $ $1,993.00 $50.00 TOTALRECEIVED $ $2,043.00 SIGNATURE X L. Kesian TfTLE Deputy llllllllll ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) Notice of Determination O 0 3 73 To: IEI . Office ofPlanning and Research From: CITYOFCARLSBAD P.O. Box 3044 Planning Department Sacramento, CA 95812-3044 fg' rJ 11 f» „ 1635 Faraday Avenue ^^^IfsZt^tr^Z^^^^^^ CA 92008 El SD County Clerk v-mtyuerk (760)602-4600 Attn: Linda Kesina DEG 2 4 2009 Mail Stop A-33 BY L. Kesiao 1600 Pacific Highway DEPUTY San Diego, CA 92101 Project No: GPA 03-02 Filing of Notice of Determination in compliance with Section 21108 or 21152 ofthe Public- Resources Code. 2005 - 2010 Housing Element Project Title City ofCarlsbad, Scott Donnell (760)602- 4618 State Clearinghouse No. Lead Agency, Contact Person Telephone Number All areas vvithin the city limits of Carlsbad in San Diego County Project Locations (include County) Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Ave., Carlsbad, CA 92008 Applicant's Telephone Number: (760) 602-4618 Project Description: Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment to adopt the update of the Housing Element for the 2005-2010 housing cycle as required by the Califomia Goyemment Code and which affects properties throughout the city. This is to advise that the City of Carlsbad has approved the above described project on December 22, 2009, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions ofCEQA. This is to certify that the final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program with conunents and responses and record of project approval is available to theJGeneral Public at THE CITY OF CARLSBAD. Date received for filing at OPR:' ^S^PQ •J^'^-M.iM™ Removed "<e'urnea ro agency on , . ieputv Revised December 2004 SAN DIEGO CONTY REGIONAL AIRPORT AUTHORITV P.O. BOX 82776. SAN DIEGO, CA 92138-2776 619.400.2400 WWW.SAN.ORG CITYOFCARLODAi SEP 2 9 2011 September 28, 2011 Mr. Corey Funk City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 CopTunity ^^~wrr;T:ic Re: Airport Land Use Commission Consistency Determination - Zone Change to Allow Accessory Residential Uses in Certain Commercial Zones; McClellan-Palomar Airport - Airport Land Use Compatibilitv Plan - PAL-11-006; Resolution No. 2011- 0014 ALUC Dear Mr. Funk: This letter is to notify the City of Carlsbad ("City") of the September 1, 2011, consistency determination that was made by the San Diego County Regional Airport Authority ("Authority" or "SDCRAA"), acting in its capacity as the San Diego County Airport Land Use Commission ("ALUC"), for the referenced project. The ALUC has determined that the proposed project is conditionally consistent with the McClellan-Palomar Airport - Airport Land Use Compatibility Plan ("ALUCP"). A copy of Resolution 2011-0014 ALUC. approved by the ALUC on September 1, 2011, and memorializing the consistency determination, is enclosed for your information. The ALUC's determination that the zone change to allow accessory residential uses in certain commercial zones project is conditionally consistent with the McClellan-Palomar ALUCP was made consistent with the ALUC Policies and the State Aeronautics Act provisions (Cal. Pub. Util. Code §21670-21679.5), and was based on numerous facts and findings, including those summarized below: (1) The project proposes a zone change to allow residential uses as an accessory use to primary commercial uses within certain zones and would impact four properties within the AIA. (2) The properties affected by the proposed project which are not otherwise precluded by safety zone limitations would be located within the 60-65 dB CNEL noise contour. The ALUCP identifies residential uses located within the 60-65 dB CNEL noise contour as compatible with airport uses, provided that the residences are sound attenuated to 45 dB CNEL interior noise level. Therefore, as a condition of project approval, the structures must be sound attenuated to 45 dB CNEL interior noise level. SAN DIEGO INTERNATIONAL AIRPORT Mr. Funk Page 2 (3) The proposed project is in compliance with the ALUCP airspace protection surfaces because it does not propose the construction of any new structures. (4) The properties affected by the proposed project are located within Safety Zones 1, 2, 3, 4 and 6. Residential uses are not proposed on the property within Safety Zones 1, 2, 3, and 4, and the ALUCP identifies residential uses located within Safety Zone 6 as compatible with airport uses. (5) The properties affected by the proposed project are located within the overflight notification area. Therefore, as a condition of project approval, an overflight notification for any new residences must be recorded with the County Recorder. (6) Therefore, if the proposed project contains the above-required conditions, the proposed project would be consistent with the McClellan-Palomar Airport ALUCP. (7) This Board action is not a "project" as defined by the California Environmental Quality Act (CEQA) Pub. Res. Code Section 21065; and is not a "development" as defined by the California Coastal Act Pub. Res. Code Section 30106. Please contact Mr. Ed Gowens at (619) 400-2244 if you have any questions regarding the issues addressed in this letter. Very truly yours. Thella F. Bowens President/CEO TFB/EG Enclosures: Resolution 2011-0014 ALUC cc: Amy Gonzalez, SDCRA, General Counsel Ron Bolyard, Caltrans, Division of Aeronautics Chris Schmidt, Caltrans, Division 11 RESOLUTION NO. 2011-0014 ALUC A RESOLUTION OF THE AIRPORT LAND USE COMMISSION FOR SAN DIEGO COUNTY, MAKING A DETERMINATION THAT THE PROPOSED PROJECT: ZONE CHANGE TO ALLOW ACCESSORY RESIDENTIAL USES IN CERTAIN COMMERCIAL ZONES, CITY OF CARLSBAD, IS CONDITIONALLY CONSISTENT WITH THE MCCLELLAN-PALOMAR AIRPORT - AIRPORT LAND USE COMPATIBILITY PLAN. WHEREAS, the Board of the San Dlego County Regional Airport Authority, acting In its capacity as the Airport Land Use Commission (ALUC) for San Dlego County, pursuant to Section 21670.3 ofthe Public Utilities Code, was requested by the City of Carlsbad to detemiine the consistency of a proposed development project: Zone Change to Allow Accessoi^c,Residential Uses in Certain Commercial Zones, City Of Carlsbad, which is located within the Airport Influence Area (AIA) forthe McClellan-Patomar Airport - Airport Land Use Compatibility Plan (ALUCP), adopted and amended in 2010; and WHEREAS, the project proposes a zone change to allow residential uses as an accessory use to primary commercial uses within certain zones and would impact four properlies within the AIA; and WHEREAS, the properties affected by the proposed project which are not otherwise precluded by safety zone limitations would be located within the 60-65 decibel (dB) Community Noise Equivalent Level (CNEL) noise contour, and the ALUCP identifies residential uses located within the 60-65 dB CNEL noise contour as compatible with airport uses, provided that the residences are sound attenuated to 45 dB CNEL interior noise level; and WHEREAS, the proposed project is in compliance with the ALUCP airspace protection surfaces because It does not propose the construction of any new structures; and WHEREAS, the properties affected by the proposed project are located within Safety Zones 1, 2, 3, 4 and 6, but residential uses are not proposed on the property within Safety Zones 1, 2, 3, and 4, and the ALUCP identifies residential uses located within Safety Zone 6 as compatible with airport uses; and WHEREAS, the properties affected by the proposed project are located within the overflight notification area, and the ALUCP requires that an overflight notification for new residential land uses be recorded with the County Recorder; and o Resolution No. 2011-0014 ALUC Page 2 of 3 WHEREAS, the ALUC has considered the information provided by staff, including infonnation in the staff report and other relevant material reganJing the project; and WHEREAS, the ALUC has provided an opportunity for the City of Carisbad and interested members of the public to present infomiation regarding this matter; NOW, THEREFORE, BE IT RESOLVED that the ALUC detemnines that the proposed project: Zone Change to Allow Accessory Residential Uses in Certain Commercial Zones, City Of Carisbad, is conditionally consistent with the McClellan-Palomar Airport ALUCP, which was adopted and amended in 2010, based upon the following facts and findings: (1) The project proposes a zone change to allow residential uses as an accessory use to primary cpmmercial uses within certain zones and would impact four properties within the AIA. (2) The properties affected by the proposed project which are not othenvise precluded by safety zone limitations would be located within the 60-65 dB CNEL noise contour. The ALUCP identifies residential uses located within the 60-65 dB CNEL noise contour as compatible with airport uses, provided that the residences are sound attenuated to 45 dB CNEL interior noise level. Therefore, as a condition of project approval, the structures must be sound attenuated to 45 dB CNEL interior noise level. (3) The proposed project is in compliance with the ALUCP airspace protection surfaces because it does not propose the construction of any new structures. (4) The properties affected by the proposed project are located within Safety Zones 1, 2, 3, 4 and 6. Residential uses are not proposed on the property within Safety Zones 1, 2, 3, and 4, and the ALUCP identifies residential uses located within Safety Zone 6 as compatible with airport uses. (5) The properties affected by the proposed project are located within the overflight notification area. Therefore, as a condition of project approval, an overflight notification for any new residences must be recorded with the County Recorder. (6) Therefore, if the proposed project contains the above-required conditions, the proposed project would be consistent with the McClellan-Palomar Airport ALUCP. Resolution No. 2011-0014 ALUC Page 3 of 3 BE IT FURTHER RESOLVED that this ALUC determination is not a "project" as defined by the Califbmia Environmental Quality Act (CEQA), Pub. Res. Code Section 21065, and is not a "development" as defined by the California Coastal Act, Pub. Res. Code Section 30106. PASSED, ADOPTED AND APPROVED by the ALUC for San Diego County at a regular meeting this 1®' day of September, 2011, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Boland, Cox, Desmond, Gleason, Hubbs, Panknin, Robinson, Smisek, Young None None ATTEST: \iftu^ iL^^^fl-^ TONY R. RUSSELL DIRECJOR, CORPORATE SERVICES/ AUTHORITY CLERK APPROVED AS TO FORM: BRETON K. LDBNER GENERAL COUNSEL CONSISTENCY DETERMINATION MCCLELLAN-PALOMAR AIRPORT AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) SEPTEMBER 1,2011 Item # 3 Resolution # 2011 -0014 ALUC Recommendation: Conditionally Consistent ZONE CHANGE TO ALLOW ACCESSORY RESIDENTIAL USES IN CERTAIN COMMERCIAL ZONES, CITY OF CARLSBAD Description of Proiect: Based on plans submitted to the ALUC, the project proposes a zone change to allow reskJential uses with a minimum density of 20 dwelling units per aore as an accessory use to primary commercial uses within certain zones. The project would change the pennitted uses on four properties within Review Area 1. Noise Contours: Properties affected by the proposed project are located within the 60-65 decibel Community Noise Equivalent Level (dB CNEL) noise contour, (properties 1,2, and 3 on the attached map.) The ALUCP identifies residential uses located within the 60-65 dB CNEL noise contour as conditionally compatible with airport uses, provided that the residences are sound attenuated to 45 dB CNEL Interior noise level. Portions of one of the four properties (property 4) lie within higher noise contours, but those same portions also lie within safety zones which do not allow residential density at the levels proposed by the project, so residential uses would be thus precluded within those higher noise contours. Airspace Protection Surfaces: The project does not propose the construction of any new structures. Safetv Zones: Properties affected by the proposed project are located within a variety of Safety Zones. One of the properties and a portion of another (properties 1 and 3 on the attached map) are within Safety Zone 6. The ALUCP identifies residential uses located within Safety Zone 6 as compatible with airport uses. A third property (property 2) is located outside all safety zones. The fourth property (property 4) is located within Safety Zones 1,2,3, and 4 - each of which precludes residential density of 20 dwelling units per acre. That property is being developed as a community shopping center In accordance with an ALUC detennination of conditional consistency Issued on July 1,2010. No residential uses are proposed as part of that project, and if any changes were to be proposed, a new ALUC detennlnatton of consistency would be required. 000008 ITEM NO. 3 Page 2 of 2 Overflight Notification Area: The proposed project is located within the overflight notification area. The ALUCP requires that an overfiight notification for new residential land uses be recorded with the County Recorder. Ownership: The properties affected by the proposed project are owned by Oscars Carisbad LLC, Costco Wholesale Corporation, Wal-Mart Stores Inc., the County of San Diego, and 11,273 distinct owners of airspace, time-share condominiums. The complete list of all owners is available electronically from staff. Recommendation: Based on review of the materials submitted in connection with the proposed project and the policies In the McClellan-Palomar Airport ALUCP, staff recommends that the ALUC make the detennination that the project Is conditionally consistent with the McClellan-Palomar Airport ALUCP. Conditions: 1) Sound attenuation to an Interior noise level of 45 dB CNEL. 2) Recordation of an overflight notification with the County Recorder. ooooos tmooio RESOLUTION NO. 2011-0014 ALUC A RESOLUTION OF THE AIRPORT LAND USE COMMISSION FOR SAN DIEGO COUNTY, MAKING A DETERMINATION THAT THE PROPOSED PROJECT: ZONE CHANGE TO ALLOW ACCESSORY RESIDENTIAL USES IN CERTAIN COMMERCIAL ZONES, CITY OF CARLSBAD, IS CONDITIONALLY CONSISTENT WITH THE MCCLELLAN-PALOMAR AIRPORT - AIRPORT LAND USE COMPATIBILITY PLAN. WHEREAS, the Board ofthe San Dlego County Regional Airport Authority, acting in its capacity as the Airport Land Use Commission (ALUC) for San Diego County, pursuant to Sectton 21670.3 ofthe Public Utilities Code, was requested by the City of Carisbad to detennine the consistency of a proposed development project: Zone Change to Allow Accessory Residential Uses In Certain Commercial Ztones, City Of Carisbad, which is located within the Airport Influence Area (AIA) for the McClellan-Paksmar Airport - Airport Land Use Compatibility Plan (ALUCP), adopted and amended In 2010; and WHEREAS, the project proposes a zone change to allow residential uses as an accessory use to primary commercial uses within certain zones and would impact four properties within the AIA; and WHEREAS, the properties affected by the proposed project which are not othenvise precluded by safety zone limitations would be located within the 60-65 decibel (dB) Community Noise Equivalent Level (CNEL) noise contour, and the ALUCP identifies residential uses located within the 60-65 dB CNEL noise contour as compatible with airport uses, provkled that the residences are sound attenuated to 45 dB CNEL interior noise levei; and WHEREAS, the proposed project is in compliance with the ALUCP airspace protection surfaces because it does not propose the constructton of any new structures; and WHEREAS, the properties affected by the proposed project are tocated within Safety Zones 1,2, 3,4 and 6, but residential uses are not proposed on the property within Safety Zones 1,2,3, and 4, and the ALUCP toentifies restoential uses located within Safety Zone 6 as compatible with airport uses; and WHEREAS, the properties affected by the proposed project are located within the overflight notification area, and the ALUCP requires that an overflight notificatton for new resklential land uses be recorded with the 0)unty Recorder; and 000011 o Resolution No. 2011-0014 ALUC Page 2 of 3 WHEREAS, the ALUC has considered the information provtoed by staff, including infonnation In the staff report and other relevant material regarding the project; and WHEREAS, the ALUC has provtoed an opportunity for the City of Carisbad and interested members ofthe public to present infonnatton regarding this matter; NOW, THEREFORE, BE IT RESOLVED that the ALUC detennines that the proposed project: Zone Change to Altow Accessory Residential Uses in Certain Commercial Zones, City Of Carisbad, Is conditionally consistent with the McClellan-Palomar Airport ALUCP, which was adopted and amended in 2010, based upon the following facts and findings: (1) The project proposes a zone change to altow restoential uses as an accessory use to primary commercial uses within certain zones and would impact four properties within the AIA. (2) The properties affected by the proposed project which are not otherwise precluded by safety zone limitations wouid be located within the 60-65 dB CNEL noise contour. The ALUCP identifies residential uses located within the 60-65 dB CNEL noise contour as compatible with airport uses, provided that the residences are sound attenuated to 45 dB CNEL intertor noise level. Therefore, as a conditton of project approval, the structures must be sound attenuated to 45 dB CNEL interior noise level. (3) The proposed project is in compliance with the ALUCP airspace protection surfaces because it does not propose the construction of any new structures. (4) The properties affected by the proposed project are located within Safety Zones 1,2, 3,4 and 6. Residential uses are not proposed on the property within Safety Zones 1, 2, 3, and 4, and the ALUCP toentifies restoential uses located within Safety Zone 6 as compatible with airport uses. (5) The properttos affected by the proposed project are located within the overflight notification area. Therefore, as a condition of project approval, an overflight notification for any new residences must be recorded with the County Recorder. (6) Therefore, if the proposed project contains the above-required condittons, the proposed project wouto be consistent with the McClelian-Palomar Airport ALUCP. 000012 Resolution No. 2011-0014 ALUC Page 3 of 3 BE IT FURTHER RESOLVED that this ALUC determinatton is not a "project" as defined by the Califomia Environmental Quality Act (CEQA), Pub. Res. Code Section 21065, and is not a "development" as defined by the Califomia Coastal Act, Pub. Res. Code Section 30106. PASSED, ADOPTED AND APPROVED by the ALUC for San Diego County at a regular meeting this 1 ^ day of September, 2011, by the following vote: AYES: Commisstoners: NOES: Commissioners: ABSENT: Ck}mmissioners: ATTEST: TONY R. RUSSELL DIRECTOR, CORPORATE SERVICES/ AUTHORITY CLERK APPROVED AS TO FORM: BRETON K. LOBNER GENERAL COUNSEL 000013 [ CITY OF ^ CARLSBAD Memorandum August 30, 2011 To: Affordable Housing Policy Team Debbie Fountain, Housing and Neighborhood Services Director Gary Barberio, Community and Economic Development Director Don Neu, City Planner Chuck McBride, Finance Director Jane Mobaldi, Assistant City Attorney From: Corey Funk, Associate Planner ^— Via Don Neu, City Planner Re: Housing Element implementation projects: "Housing Element Program 2.1 • Minimum Densities" and "Housing Element Program 2.1 - Mixed Use" This memo has been addressed to the Affordable Housing Policy Team (AHPT) for the following purposes: (1) to provide a status update for two projects that were previously brought to your attention on September 20, 2010, the Housing Element Program 2.1 - Minimum Densities (Minimum Densities) project and the Housing Element Program 2.1 - Mixed Use (Mixed Use) project, (2) to provide details of the proposed Mixed Use project approach and to request your review and comments on the approach and draft zoning ordinance amendment, and (3) to follow- up regarding a research question about the status of the City Council's allocation of 1,000 dwelling unjts to the Village area. Please review this memo and the attached draft zoning ordinance amendment for the Mixed Use project and provide any comments to me by Sept. 16, 2011. Also, I can schedule a meeting if that is preferable, please let me know. 1. Status update for the Minimum Densities and Mixed Use projects The primary purpose of Housing Element Program 2.1 is to amend various portions of the general plan, the general plan land use map and zoning ordinance in order to ensure that adequate residential acreage at appropriate densities is available to meet the city's Regional Housing Needs Assessment. Two tasks in the implementation plan for Program 2.1 resulted in the Minimum Densities and Mixed Use projects. a. Status of the Minimum Densities project The purpose ofthe Minimum Densities project is to establish a new minimum density ("RHNA Base Density) in RMH and RH land use designations for the purposes of complying with RHNA requirements and housing element law. At the time of the September 20, 2010 AHPT meeting, the following items had been completed: background research, a proposed approach and a draft of the text amendments. Subsequent to that meeting, the draft has gone through management review Community & Economic Development ^ 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax AFFORDABLE HOUSING POLICY TEAM August 30, 2011 Page 2 and is ready for staff report preparation and pubtic hearings. No substantive changes have occurred to the approach or draft text amendments since previously reviewed by the AHPT. Copies of the draft text amendments you previously reviewed are attached to this memo for your reference. Proposed amendments include: • General Plan Amendment (GPA 10-03): which amends pages 14 and 15 of the Land Use Element 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. • Zoning Code Amendment (ZCA 10-04): which amends Chapter 21.53, which contains the city's method for calculating density, to be consistent with GPA 10-03. • Council Policy 43: amends the policy to exempt projects from complying with the criteria of Policy 43 that propose to exceed the Growth Management Control Point Density by developing at the higher RHNA Base Density. b. Status of the Mixed Use project The purpose of the Mixed Use project is to permit residential uses by right in some commercial zones at a minimum density of 20 du/ac and as part of mixed use developments. At the time of the September 20, 2010 AHPT meeting, only a general idea of the project had been prepared. Subsequent to the meeting, the following items have been completed: background research, a proposed approach, a draft of the text amendments and management review of the draft amendments. For details of the proposed approach for the Mixed Use project, please see No. 2 below. c. Next steps • Public outreach for the Mixed Use project: the proposed zoning ordinance amendment will be mailed to affected property owners for early review and comment prior to public hearings. • CEQA: staff intends to file a Notice of Determination of prior compliance with the previously adopted mitigated negative declaration (MND) that was adopted for the housing element for both projects. • Planning Commission hearings: staff intends to take both projects to hearing on the same date, with a target timeframe of Fall 2011. • City Council hearings. 2. Mixed Use project details Below is staff's proposed approach to the Mixed Use project and attached to this memo is a draft of the proposed amendment. We are seeking your review and comment on both the approach and draft amendment. c o AFFORDABLE HOUSING POLICYTEAM August 30, 2011 Page 3 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 Conditional Use Permit (CUP). No density range is specified. In its review of Carlsbad's draft housing element, the State of California, 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. The amendment proposes to allow residential uses as follows: • As a permitted use (by right) 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 a Site Development Plan (SDP). While the SDP is a discretionary permit approved by the Planning Commission, the Planning Commission may not restrict or prohibit the residential use as part of an SDP, which they can do with a CUP. The SDP only allows discretion over development standards related to site design, landscaping, architecture, etc. The following limitations are proposed: • Residential uses must be located above the ground 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. • Only 25% of the site acreage at 20 du/ac can be used to determine unit yield, also to maintain commercial as the predominant use. • A CUP would be required for density in excess of 20 du/ac. Rather than a density range, staff chose to use the discretion of a CUP to limit density over 20 du/ac because while higher density projects may make sense in some locations, compatibility issues may need to be addressed. Other items: • Regarding CEQA, by utilizing the assumptions of the housing element in the amendment (allowed density is a minimum of 20 du/ac based on 25% of the site area), this will allow the project to be covered under the previously adopted MND. The Housing Element anticipated that the Mixed Use project would affect underutilized and vacant, unentitled properties in the C-1, C-2 and C-L zones, and it identified six sites in Carlsbad that met these criteria. The assumptions above were used to determine a unit yield for these six properties, which was analyzed in the previously adopted MND. In addition, the MND does not anticipate AFFORDABLE HOUSING POLICYTEAM August 30, 2011 Page 4 additional environmental review will be necessary for the Mixed Use project because residential uses are already allowed with a CUP in the C-1, C-2 and C-L zones. 3. 1,000 dwelling unit allocation to the Village area A document titled "Analysis of the Excess Dwelling Unit Bank of the Growth Management Plan (GMP)" indicates that an allocation of 1,000 dwelling units were placed in the Excess Dwelling Unit Bank for the NW Quadrant when the bank was created in 1986. The purpose of this allocation was to assure the ability to develop residential units in the Village. At the September 20, 2010 AHPT meeting the following question was asked of staff: did the city ever formalize this allocation through some type of action? Staff researched the question and found that no formal action was ever taken for this allocation. DN:CF:bd Attachments: A. Minimum Densities - draft general plan amendment B. Minimum Densities - draft zoning ordinance amendment C. Minimum Densities - draft amendment to Council Policy 43 D. Mixed Use - draft zoning ordinance amendment c: David de Cordova, Principal Planner Scott Donnell, Senior Planner Jennifer Jesser, Senior Planner File Land Use Element 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. 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 DWELUNG UNITS PER ACRE General Plan Land Use Designation Minimum Growtii Control Point 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 tiie Beach Area Overlav Zone. 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 needed to meet the minimum density without requiring the removal ofthe 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 Page 14 Amended September 14, 2010 Land Use Element Community Development in determining compliance with housing element lawy. For purposes of complying 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. As such, the Citv shall not reduce, require, or permit the reduction of residential densitv on anv parcel below its RHNA Base densitv 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^. or the reduction is necessarv to ensure compliance with the dwelling unit limitations set forth in the Citv's Growth Management Program. 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. As noted in Table 2, the RHNA Base densitv does not applv to RH designated properties in the Beach Area Overlav Zone. 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 lo 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. In instances where a property owner is preserving a significant amount of open space land beyond what would normally be required by city ordinances for purposes of environmental enhancement, compliance with the Habitat Management Plan or otherwise leaving developable property in its natural condition, the City shall consider allowing the density or development potential of the property being preserved to be transferred to another portion of Page 15 Amended September 14, 2010 Proposed amendments to Title 21, Chapter 21.53. 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 Umited development of such property if, when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. The plaiming 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 amovint 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 mimicipal 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. (A) "Density" used in this calculation is the minimum, GMCP, RHNA Base. or maximum density ofthe 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 imit 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. Unit Yield Rounding Table A Density Used for Calculation Unit Yield Includes a Provisions for Unit Yield Rounding MininiumMINIMUM fractional unit of .5 or greater SHALL be rounded-up.' MininiumMINIMUM MAY be rounded down.'fractional unit below .5 MAY be rounded-down. ^ GMCP fractional unit of .5 or greater MAY be rounded-up.' GMCP SHALL be roundad down.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. Nete Notes: 1) Unless the project density is allowed below the minimum of the density range, pursuant to the General Plan. 2) Unit yields rounded-down pursuant to this provision that result in a density below either the minimum densitv or the RHNA 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. 3) Subject to a fractional and/or whole unit allocation from the "excess dwelling unit bank^" and provided the maximum density ofthe applicable land use designation is not exceeded. 4) The RHNA Base section in Table A does not applv to RH General Plan land use designations in the Beach Area Overlav Zone. (Ord. NS-753 §§ 3,4,2005; Ord. NS-524 § 6, 2000: Ord. NS-446 § 2,1998: Ord. 9795 § 1, 1986) Proposed amendments to City Council Policv 43 PURPOSE: To establish the City Council's policy regarding the number and the criteria for allocation of "excess" dwelling units which have become available as a result of residential projects being approved and constructed with less dwelling units than would have been allowed by the density control points ofthe Growth Management Plan approved by voters on November 4, 1986, as Proposition E. EXCESS DWELLING UNITS Dwelling units that become "excess" shall be added to the then-existing citywide balance (excess dwelling unit bank). Excess units may be allocated to projects located in any quadrant so long as the number of residential units built in each quadrant does not vtelateexceed the dwelling unit limitations established by Proposition E. STATEMENT OF POLICY Although it is not mandatory to use the excess dwellinq unito, the. The City Council authorizes consideration of allowing the excess units to be allocated to future "qualifying," residential projects (see "Exception" section below). In order to "qualify" for an allocation of excess units, a project shall possess one or more of the following characteristics: 1. A project that includes a request for a density bonus made pursuant to and in compliance with state density bonus law. 2. Housing units made affordable to lower or moderate income households. 3. Senior citizen housing. 4. Housing located in the Village Redevelopment Area or the South Carlsbad Coastal Redevelopment Area. 5. Transit-oriented, "smart growth" development projects where increased residential density is being placed in close proximity to major transit facilities, employment opportunities and commercial support services. 6. Projects approved for a land use change from non-residential to residential or projects containing a mix of residential and non-residential. 7. The property has a General Plan designation of Residential Low Density (RL) or Residential Low-Medium Density (RLM) and the base zone of the property would permit a slightly higher yield of units than would be allowed by the RL or RLM General Plan designation; provided, the proposed density does not exceed the maximum density of the RL or RLM density range by more than an additional 25 percent. 8. The growth management control point (GMCP) density for the property results in a unit yield that includes a fractional unit of .5 or greater. In this circumstance, a fraction of a unit may be granted in order to achieve, but not to exceed, the next whole unit; provided, 3 the maximum density of the applicable General Plan land use designation is not exceeded. The number of excess units allocated to a particular "qualifying" project shall be at the sole discretion ofthe City Council, Housing and Redevelopment Commission. Planning Commission or Planning Director as appropriate and shall be based on the importance of the characteristic possessed by the projects or, where a project possesses multiple characteristics, the number and importance of the characteristics. In approving a request for allocation of excess dwelling units, the Citv Counoilappropriate decision-making bodv or person shall consider the location of the requesting project and the compatibility of increased density with existing adjacent residential neighborhoods in accordance with the applicable principles of the General Plan. EXCEPTION The General Plan Housing Element Identifies the latest Regional Housing Needs Assessment (RHNA). In order to meet the housing needs, the Housing Element mav contain programs or identify proiects reguiring allocation of excess dwelling units. Proiects not identified in the Housing Element mav also be proposed that implement RHNA. These programs and proiects Qualify for and reguire a mandatorv allocation of excess units so long as the number of residential units built in each guadrant does not exceed the dwelling unit limitations established by Proposition E. Furthermore, all housing located in the Village Area gualifies for and reguires a mandatorv allocation of excess units so long as the number of residential units built in the Northwest Quadrant does not exceed the dwelling unit limitation established by Proposition E. Because these programs or projects, including those in the Village Area, reguire a mandatorv excess unit allocation, thev do not need to possess one or more ofthe characteristics identified in the Statement of Policv section, although thev mav be similar to or the same as the proiects listed in that section. Outside the Village Area, programs or proiects with a potential unit yield (as calculated according to Zoning Ordinance Section 21.53.230 (e)) exceeding that permitted by the RHNA Base densitv but not exceeding the maximum densitv of the applicable General Plan land use designation will need to possess one or more of the characteristics as listed in the Statement of Policv section above. All programs or proiects receiving a mandatorv allocation of excess units must still demonstrate consistency with all relevant General Plan policies. HISTORY: Action Date Summary Originally Adopted February 2, 1990 Established a formal policy for the allocation of "excess" dwelling units under the dwelling unit limitations of Proposition E. Amended April 22, 1997 Refined the priority list of projects that qualify for an excess dwelling unit allocation. Amended December 17, 2002 Established the number of available excess dwelling units at a balance of 2800 units (this was a reduction to the number of units in excess dwelling unit bank). Amended December 17, 2002 Eliminated the individual city-quadrant dwelling unit bank balances, and instead established a citywide excess dwelling unit bank. Amended December 17, 2002 Revised the list of projects that qualify for an excess dwelling unit allocation, including the elimination of the "priority" system. Amended April 26, 2005 Modified list of projects that qualify for an excess dwelling unit allocation, including the addition of a provision to allow projects to round up above the growth management control point by a fraction of a unit. ATTACHMENT X 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 ofthe reference to 21.26.015. 21.26.015 Residential uses in the C-1 Zone. Am 21.26.010 The following "Use" in Table A of Section 21.26.010 (G-1 Neighborhiaod Commercial Zone, Permitted uses) is proposed to be amended as follows: iu ,i ''Iflli. Use CUP Acc Residential uses located above the ground floor of a multi story, commercial building (subject to Section 21.42.HOOXISO)) (subject to Section 21.26.015 ofthis title) X •ii v.. m. 21.26.015 It' Section 21.26.015 is proposed to be added to Ciiapter 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 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 21.26.010 of this title located on the ground floor. Residential uses shall be subiect to the requirements of the Chapters of this title, which include but are not limited to, 21.26, 21.44, and in the case of airspace subdivisions, 21.47. C. 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. 1^ Residential density proposed in excess of the 20 units per acre shall require approval ofa Conditional Use Pemiit. processed in accordance with Chapter 21.42 ofthis title, rather than a Site Development Plan. 2, Density and yield of residential uses shall be detennined consistent with the residential densitv calculations and residential development restrictions in Section 21.53.230 of this title and shall be based on 25% of the developable area. In no case shall the calculation preclude the development of at least one dwelling unit on a development site. ATTACHMENT X 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 pennitted 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 Cominercial Zone) is proposed to be amended by the addition ofthe reference to 21.28.015. 21.28.015 Residential uses in the C-2 Zone:.!, llli iiii!' ifi- 21.28.010 The following "Use" in Table A of Section 21.28.0,10 (C-2 GeneraJ Commercial Zone, Permitted uses) is proposed to be amended as follows: "'iii' Use p CUP Acc Residential uses • • 1 1 rtn+z-iy-l r/t. 4-1-1 ^ rrff^nttA /-^r-i^ X 2 Residential uses • • 1 ll^VJI \JX U lliUiLI JlWl^, X 2 to Section 21.28.015 ofthis title) I .1 J. X 2 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 Hfh, 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 peiTnitted by Section 21.28.010 of this title located on the ground floor. B, Residential uses shall be subiect to the requirements of the Chapters of this title, which include but are not limited to, 21.26, 21.44, and in the case of airspace subdivisions. 21.47. C, Residential uses shall be constructed at the RHNA Base densitv 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, subiect to approval of a Site Development Plan processed in accordance with Chapter 21.06 of this title. ATTACHMENT X L Residential density proposed in excess of the 20 units per acre shall require approval of a Conditional Use Permit, processed in accordance with Chapter 21.42 ofthis title, rather than a Site Development Plan. 2^ Density and yield of residential uses shall be detennined consistent with the residential density calculations and residential development restrictions in Section 21.53.230 ofthis title and shall be based on 25% of the developable area. In no case shall the calculation preclude the development of at least one dwelling unit on a development site. 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 pennitted 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. Htillilil Iff. 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 21.3 1.065. •il!!: 21.31.065 Residential uses in t he C-L Zone Iih •Hi, 2L31.030 The following "Use" in Table A of Seclion 21.31.030 (C-L Local Shopping Center 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 (subjeot to Soction 21.12.140(B)(130)) (subiect to Section 21.31.065 of this title) X 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: 1. Accessory buildings and structures and ancillary uses shall be developed as an integral part ofa ATTACHMENT X 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 leasableleaseable 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: I • •'•llll! 21.31.065 Residential uses in the C-L Zone. iSi! Mixed use developments that propose residenlial uses in combination with commercial uses shall comply with the following requirements. '''S|jjj|>., 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 SectiQn.21.31.030 of this title located on the ground floor IfJlj^ ^ B, Residential uses shall be subiect to the requirements ofthe Chapters of this title, which include but are not limited to, 21.26, 21.44, and in the case of airspace subdivisions, 21.47. C, Residential uses shall be constaicted 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, subiect to approval of a Site Development Plan processed in accordance with Chapter 21.06 of this title. L Residential density proposed in excess of the 20 units per acre shall require approval of a Conditional Use Pennit, processed in accordance with Chapter 21.42 of this title, rather than a Site Development Plan. 2. Densitv and yield of residential uses shall be detennined consistent with the residential densitv calculations and residential development restrictions in Section 21.53.230 of this title and shall be based on 25% of the developable area. In no case shall the calculation preclude the development of at least one dwelling unit on a development site. 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 X 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 >",H If Section 21.42.140(B)(130) of Chapter 21.42 (Minor Conditional Use Permits and Conditional Use 1-1 l-\<-i-\ rck t 'iPf 1, T1 n H f 1 f•\r~^i' ( UIIU. IIUUI V 1 010 v/vyiiiiijN...v/.u.. ^1..........g,. ft; une or more or me uiiei.i poiniuieu oy Ljecuuii ^ tho ground floor of tho building. . ; , 'till • h i t;: ' ^ , 1 .il-O.U 1 u fill!. "'•Ili •iiiiii.., 'Nip ••"lljljl! 'i Mi. >!:i <Ac,..o. ^ ® FILECOPY CARLSBAD Planning Division www.carlsbadca.gov August 1, 2011 San Diego County Regional Airport Authority Attn: Airport Land Use Commission PO Box 82776 San Diego, CA 92138-2776 SUBJECT: APPLICATION FOR DETERMINATION OF CONSISTENCY - ZCA 10-05/LCPA 10- 04 - HOUSING ELEMENT PROGRAM 2.1 - MIXED USE Attached is a Determination of Consistency application for a proposed amendment to the City of Carlsbad Zoning Ordinance. The purpose of the amendment is to implement a portion of Carlsbad General Plan Housing Element Program 2.1 (Adequate Sites) by allowing residential uses by-right in some commercial zones. The relevant city case numbers are: Zone Code Amendment No. ZCA 10- 05 and Local Costal Program Amendment No. LCPA 10-04. The foliowing paragraphs briefly describe the proposed amendments and revisions: The Zone Code Amendment (ZCA 10-05) primarily proposes to modify the use tables of the following three commercial zone chapters of the zoning ordinance: • C-1 Neighborhood Commercial Zone (Chapter 21.26) • C-2 General Commercial Zone (Chapter 21.28) • C-L Local Shopping Center Zone (Chapter 21 .31) Currently, residential uses are allowed in the above zones provided that residential uses are located above the ground floor of a mixed use development and subject to approval of a Conditional Use Permit. The amendment proposes to change residential uses to a permitted use subject to approval of a Site Development Plan, and includes two new requirements. The first is the establishment of a minimum density of 20 du/ac, with the potential to exceed that density subject to approval of a Conditional Use Permit. The second is that residential density calculations are to be based on 25% of the developable area. The Local Costal Program Amendment (LCPA 10-04) is required to be processed concurrently with the Zone Code Amendment (ZCA 10-05). The Zoning Ordinance (Title 21) is an implementing ordinance ofthe City of Carlsbad Local Coastal Program; therefore, the Local Coastal Program is required to be amended when the zoning ordinance is amended. The mitigated negative declaration adopted for the Housing Element does not anticipate additional environmental review will be necessary for ZCA 10-05 as residential uses are already conditionally allowed in the C-1, C-2 and C-L zones. The amendments above do not propose new development and will not impact the McClellan- Palomar Airport operations. Properties in the C-1, C-2 and C-L zones generally are located in areas where higher density residential uses will not conflict with the compatibility policies of the McClellan- Palomar Airport Land Use Compatibility Plan (ALUCP). Attached is a map of all properties within the C-1, C-2 and C-L zones relative to ALUCP noise contours and safety zones. The map shows four properties that are either within safety zone 6 and/or the 60-65 or greater CNEL noise contour ranges. Please see the map for the location of the properties referenced below. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © ZCA 10-05/LCPA 10-04 -STOUSING ELEMENT PROGRAM 2.1 -I^IXED USE August 1,2011 Page 2 A. Property No. 1 is partially within the 60-65 CNEL noise contour range and safety zone 6; however, no conflicts with the ALUCP would result because residential uses are conditionally compatible within the 60-65 CNEL noise contour range, and are compatible in safety zone 6 with no restrictions on density. The property is currently developed with a timeshare resort and restaurant, with no anticipated plans for redevelopment. B. Property No. 2 is partially within the 60-65 CNEL noise contour range; however, no conflicts with the ALUCP would result because residential uses are conditionally compatible within the 60-65 CNEL noise contour range. The property is currently developed with a Costco, with no anticipated plans for redevelopment. C. Property No. 3 is within safety zone 6; however, no conflicts with the ALUCP would result because residential uses are compatible in safety zone 6 with no restrictions on density. The property is vacant and could be developed with a mixed use development. D. Property No. 4 is partially within the following noise contour ranges: 60-65, 65-70, 70-75. The property is also within the following safety zones: 1, 2, 3 and 4. No conflicts with the ALUCP would result due to the following: 1. Current General Plan Land Use Element policy (Special Planning Considerations - Airport Implementing Policy and Action Program C.1) all discretionary approvals to comply with the compatibility policies of the ALUCP. This ensures that zoning is superseded by the ALUCP and any application for development would need to comply with the ALUCP. Please note that the city has a separate general plan amendment application underway that proposes to amend Policy C.1 (above) to reference the ALUCP adopted March 4, 2010. 2. The ALUCP prohibits residential uses within safety zone 1, so no residential development would occur on the portion of the property within this safety zone. 3. Within safety zones 2 and 3, the ALUCP limits residential development to a maximum density of 4 du/ac and 16 du/ac, respectively. These maximum densities will preclude residential development on the portions of the property within safety zones 2 and 3, because proposed ZCA 10-05 requires a minimum of 20 du/ac on commercially zoned sites. 4. The portion of the property within safety zone 4 is located within the 60-65 CNEL noise contour and residential uses would be conditionally compatible, pursuant to the ALUCP. However, staff does not expect residential uses on this property as the City Council approved permits for a commercial center that includes a Lowes and other commercial buildings on Aug. 24, 2010, and there are no anticipated plans for changes to this development proposal. If approved, the above amendments will be effective city-wide. All changes proposed by the amendments are attached. Please note that the attached amendment documents are still subject to review and approval by the City Council, however, it is anticipated that the final documents will be the same, if not, very similar to the attached draft documents. If you have any questions about the proposed changes, please contact me at (760) 602-4645 or corey.funk(gcarlsbadca.gov. COREY FUNK, AICP Associate Planner Attachments: Determination of Consistency application IWap of C-1, C-2 and C-L properties relative to ALUCP noise contours and safety zones Proposed amendment to Title 21 Chapters 21.26, 21,28 and 21.31 c: Don Neu, Planning Director Dave de Cordova, Principal Planner Scott Donnell, Senior Planner ATTACHMENT X 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 CUP Acc Residential uses located above the ground floor of a multi story, commercial building (subject to Section 21.42.H0(B)(130)) (subject to Section 21.26.015 ofthis title) X 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 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 21.26.010 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. 21.26. 21.44. and in the case of airspace subdivisions, 21.47. C. 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. 1^ Residential density proposed in excess of the 20 units per acre shall require approval of a Conditional Use Permit, processed in accordance with Chapter 21.42 of this title, rather than a Site Development Plan. 2. 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. In no case shall the calculation preclude the development of at least one dwelling unit on a development site. ATTACHMENT X 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 21.42.140(B)( 130)) (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. 21.26. 21.44. and in the case of airspace subdivisions. 21.47. C. 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 X 1^ Residential density proposed in excess of the 20 units per acre shall require approval of a Conditional Use Permit, processed in accordance with Chapter 21.42 of this title, rather than a Site Development Plan. 2. 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. In no case shall the calculation preclude the development of at least one dwelling unit on a development site. 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 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 ofthis title) X 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: 1. Accessory buildings and structures and ancillary uses shall be developed as an integral part of a ATTACHMENT X 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 leasableleaseable 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, Residendal 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 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, 21.26, 21.44, and in the case of airspace subdivisions. 21.47. C, 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, subiect to approval of a Site Development Plan processed in accordance with Chapter 21.06 of this title. L Residential density proposed in excess of the 20 units per acre shall require approval of a Conditional Use Permit, processed in accordance with Chapter 21.42 of this title, rather than a Site Development Plan. 2. 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. In no case shall the calculation preclude the development of at least one dwelling unit on a development site. 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 X 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 21.42.140 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: ftl One or more of the uses permitted by Section 21.26.010 of this title is required to be located on the ground floor of the building. AIRPORT DATA SOURCE: McadiaivPalomw Airport Land Use Compatiblity Pl«i, March 4, 2010 J:\Requesta2010Plus\ComEconD8vtf'lainingVW3227a_11 <€^m> CITY OF VXARLSBAD Planning Division FILE COPY www.carlsbadca.gov December 8, 2011 City of Cartsbad Planning Division PLANNING COMMISSION NOTICE OF DECISION SUBJECT: ZCA 10-05/LCPA 10-04 - HOUSING ELEMENT 2.1 - MIXED USE At the December 7, 2011 Planning Commission meeting, your application was considered. The Commission voted 6-1 to recommend approval of your request. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please contact your project planner Corey Funk at (760) 602-4645 or corev.funkg)cartsbadca.gov. DON NEU, AICP Planning Director DN:CF:bd Data Entry File enc: Planning Commission Resolutions IMo. 6842 and 6843 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ©