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HomeMy WebLinkAboutZCA 13-01; Density Bonus Regulations; Zone Code Amendment (ZCA) (2)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 newspaper has been adjudged a newspaper of general circulation for the cities of Carmel Valley, Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, Vista, San Marcos, Escondido and the County Judicial District by the Superior Court of the State of Califomia, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a printed 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: February 14. 2014 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 14th of February 2014. City of Carlsbad FEB 1 9 2014 Planning Division Space above for County Clerk's Filing Stamp CITY OF CARLSBAD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Coun- cil Chambers, 1200 Carlsbad Village Drive, Carlsbad, Califomia, at 6;00 p.m. on Tuesday, February 25, 2014, to consider approval of a Municipal Code Amendment, 2^ne Code Amendment and Local Coastal Program j'^endment to amend the city's Zoning Ordinance to make the city's regulation of density bonuses consistent with state and case law. Whereas, on December 4, 2013 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a Zone Code Amendment and Local Coastal Program /^endment to amend the city's Zoning Ordinance to make the city's regulation of density bonuses consistent with state and case law. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after Friday, February 21, 2014. If you have any questions, please contact Kevin Pointer in the Planning Division at (760) <)02-4620 or kevin.pointer@carlsbadca.gov. If you challenge the Municipal Code Amendment, Zone Code Amendment and/or Local Coastal Program i\mendment in court, you may be limited to raising only those issues you or someone else raised at the pub- lic hearing described in this notice or in written corre- spondence delivered to the City of Carlsbad, Attn: City Clerk's OfTce, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: MCA 13-03/ZCA 13-01/LCPA 13-02 CASE NAME: DENSriY BONUS REGULATIONS PUBLISH: February 14, 2014 CITY OF CARLSBAD CITY COUNCIL 02/14/14 CN 15914 ^ NOTICE OF PUBLIC HEARING ^ NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council ofthe City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6.00 p.m. on Tuesday, February 25, 2014, to consider approval of a Municipal Code Amendment, Zone Code Amendment and Local Coastal Program Amendment to amend the city's Zoning Ordinance to make the city's regulation of density bonuses consistent with state and case law. Whereas, on December 4, 2013 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a Zone Code Amendment and Local Coastal Program Amendment to amend the city's Zoning Ordinance to make the city's regulation of density bonuses consistent with state and case law. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies ofthe agenda bill will be available on and after Friday, February 21, 2014. If you have any questions, please contact Kevin Pointer in the Planning Division at (760) 602-4620 or kevin.pointer@carlsbadca.gov. If you challenge the Municipal Code Amendment, Zone Code Amendment and/or Local Coastal Program Amendment 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, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: MCA 13-03/ZCA 13-01/LCPA 13-02 CASE NAME: DENSITY BONUS REGULATIONS PUBLISH: February 14, 2014 CITY OF CARLSBAD CITY COUNCIL City of Carlsbad Office ofthe City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008-1949 CITY OF CARLSBAD PROJECT PLANNER PLANNINGCOMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN to vou, because your interest may be affected, that th' Planning Commission of the Cit;^||^Carlsbad will hold a public hearing at the Counci Chambers, 1200 Carlsbad Villag^Bive, Carlsbad, California, at 6:00 p.m. on Wednes day, December.4,2013, to consideVie foliowing: PROOF OF PUBLICATIOr - >8-Q«(A)/CDP M-SSCA) - HOEHN SPRmrER - Request for approval of a Site Developmen (2010 & 2011 CCP.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a i of the County aforesaid: I am over the eighteen years and not a party to or intere the above-entitled matter. I am the princip of the printer of UT - North County Formerly known as the North County Tim which newspaper has been adjudicated newspaper of general circulation by the S Court of the County of San Diego, SI California, for the City of Oceanside and the Escondido, Court Decree numbers 171 172171, for the County of San Diego, tl notice of which the annexed is a printed co in type not smaller than nonpariel), ha: published in each regular and entire issue newspapec-and not in any supplement the th^ff^artjwiTK^^ MOV 2s m Plan Amendment and Coastal Development Permit Amendment to allow for the construction of i 3,760 square foot Sprinter repair facility at the Hoehn Mercedes Benz dealership, located on a 5.88 acre property on the west side of Car Country Drive, within the Car Country Specific Plan, th Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. Th proiect qualifies as a CEQA Guidelines Section 15303(e) (New Construction or Conversion of Smal Structures) Class 3 Categorical Exemption. This proiect is not located within the appealable area of the California Coastal Commission. 2) CDP 13-25 - 4419 PARK DRIVE - Request for approval of a Coastal Development Permit to a low for the construction of a new 3,780 square foot single family residence and attached three ca garage within the City's Coastal Zone located at 4419 Park Drive in the Mello II Segment ofthe Lc cal Coastal Program and within Local Facilities Management Zone 1. The Citv Planner has deter mined that the proiect belongs to a class of proiects that the State Secretary for Resources ha found do not have a significant impact on the environment, and it is therefore categorically e> empt from the requirement for the preparation of environmental documents pursuant to Sectioi 15303 (a) construction of a single family, residence of the state CEQA Guidelines. This proiect is not located within the appealable area of the California Coastal Commission. T V 3) SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 - BEACHWALK AT JUNIPER - Request for approve of a Site Development Plan, Planned Development Permit, Coastal Development Permit, an Tentative Parcel Map to demolish an existing single-family home and shed to allow for the deve opment of a four-unit multiple-family residential air-space condominium proiect on a 0.202 acr infill site located at 369 Juniper Avenue, within the Mello II Segment of the Local Coastal Prograr and Local Facilities Management Zone 1. The proiect site is not within the appealable area of th California Coastal Commission. The City Planner has determined that this proiect is exempt fror the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 1533: "in-Fill Development Projects' of the State CEQA Guidelines and will not have any adverse signif cant impact on the environment. -ftovember 22"^ 2013 I certify (or declare) under penalty of perji the foregoing is true and correct. Dated at Oceanside, California Thisa^^d, day November, 2013 4) CUP 13-09 - ICETOWN SKATEOPLEX - Request for a Conditional Use Permit to allow an ic skating training facility in an existing vacant building with proposed minor improvements o property located at 2283 Cosmos Court, in the P-M Zone and in Local Facilities Management Zon 5. The City Planner has determined that this proiect is exempt from the requirements of the Cal fornia Environmental Quality Act (CEQA) per Section 15301, "Existing Facilities," of the Stal CEQA Guidelines and will not have any adverse significant impact on the environment. Jane Allshouse NORTH COUNTY TIMES Legal Advertising 5) CUP 12-10/CDP 12-19/MS 12-03 - CARLSBAD FLORAL TRADE CENTER - Request for the adol tion of a Negative Declaration and the approval of a Conditional Use Permit, Coastal Develoi ment Permit, and Tentative Parcel Map to allow for the subdivision of the property into four pa eels, and the development of a new 44/180 sq. ft. floral trade distribution center and marketplac< a 33 foot tall, 9,900 sq. ft. micro-brewery and winery building, 1984 sq. ft. culinary center, and 8i sq. ft. farm shed with the remaining land dedicated to farm plots, orchard, hops farm, vineyar and parking on 17.22 acres of land within a 45.60 acre site located within the Carlsbad Ranch Sp cific Plan south of Cannon Road and east of Car Country Drive in Local Facilities Managemer Plan Zone 13 and the Mello 11 segment of the Local Coastal Program. The site is not located witi in the appealable area of the California Coastal Commission. The City Planner has determined that the proiect will not result in potentially significant Impact and has issued a Notice of Intent to adopt a Negative Declaration. No comment letters were r ceived during the 20-ddy public review (November 1, 2013 - November 20, 2013). 6) ZCA 13-01/LCPA 13-02 DENSITY BONUS REGULATIONS - A request for recommendation • approval of a Zone Code Amendment and Local Coastal Program Amendment to amend the citv Zoning Ordinance to make the city's regulation of density bonuses consistent with state and ca: law. The project is exempt from the California Environmental Quality Act. 7) EI,ECTION OF OFFICERS If you challenge these proiects in court, you may be limited to raising only those issues vou ( someone else raised at the public hearing described in this notice or in written correspondence d livered 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 Farabc Avenue during regular business hours from 7:30 am to 5:30 pm Monday through Thursday/ar 8:00 am to 5:00 pm Friday. / Those persons wishing to speak on these proposals are cordially invited to attend the public pea ing. Copies of the staff reports will be available online at / htfp://carlsbad.granicus.com/VlewPublisher.php?view 1d=6 on or after the Friday prior ^o tl I r.-^ ^H4« , r.,ia^*le\nK rtlanea .-/ill tha Dlnntlinn nil,icirtn nt t7A(\\ AfiO-AAnfl # • nFII F ^ ^rr- CITY OF I——' I I IM mmm CARLSBAD Community & Economic Development www.carisbadca.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 4, 2013, to consider a request for the following: CASE NAME: ZCA 13-01/LCPA 13-02 DENSITY BONUS REGULATIONS PUBLISH DATE: November 22, 2013 DESCRIPTION: A request for recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment to amend the city's Zoning Ordinance to make the city's regulation of density bonuses consistent with state and case law. 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 ofthe decision, please contact Kevin Pointer in the Planning Division at (760) 602-4620, 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 City of Carlsbad at or prior to 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 Planning Division 1635 Faraday Ave. i Carisbad, CA 92008 I 760-602-4600 I 760- 602-8558 fax Easy Peel® Labels ZCfii ]?rt] Use Avery'^Template 5160® j > Bend along line to > expose Pop-up Edge™ j | AVERY® 5160® \ B EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE CA 92040 BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY 915 CAPITOL MALL #350B SACRAMENTO CA 958144801 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CA DEPT OF TRANSPORTATION DISTRICT 11-DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 CHANNEL ISUNDS NATL PARK SUPERINTENDENTS OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITI' OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF FISH & GAME ENVSERVDIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220N ST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST STE. 811 LOS ANGELES CA 90017 DEPT OF JUSTICE DEPTOFATTYGEN RM700 110 WEST A ST SAN DIEGO CA 92101 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA FEDERAL ENERGY REGULATORY COMMISSION 1001ST ST., STE 2300 SAN FRANCISCO CA 941053084 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOSALAMITOSCA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401 BST SAN DIEGO CA 92101 SD COUNTY PLANNING & LAND USE DEPT STE 310 5510 OVERLAND AVE SAN DIEGO CA 921231239 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL 17 SAN FRANCISCO CA 94103 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECULA CA 92590 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STEW-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 GST DAVIS CA 95606 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 Etiquettes faciles a peler AVFRY® Slfif^® Sens de Repliez a la hachure afin de ' www.avery.com 1 .iinn.r:n. AM CDV Easy Peel® Labels Use Avery® Template 5160® Bend along line to expose Pop-up Edge™ AVERY® 5160® CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STE 310 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 AIR POLLUTION CONTROL DISTRia 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 U.S. FISH & WILDLIFE STE 250 2177 SALK AV CARLSBAD CA 92011 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 BIA OF SAN DIEGO COUNTY STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Dove Library Cole Library City Clerk County of San Diego, Planning & Development Services 5510 Overland Avenue, Suite 110 San Diego, CA 92123-1239 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles a peler I ltilicB7 IP naharit AVFRY® ';iKn® Sens de Repliez a la hachure afin de | r&\f&\ar lo roHnrrI Pnn.iinMC ' www.avery.com i.Qnn-r:rt.A\/cDv PROOF OF PUBLICATION (2010 & 2011 CCP.) This space is for tiie County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I ann a citizen of ttie United States and a resident of the County aforesaid: I am over ttie age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerl< of the printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper 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 numbers 171349 & 172171, 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: November 08*^ 2013 Proof of Publication of PUBLIC NOTICE TO INTERESTED PARTIES: f Please be advised that the City of Carlsbad is consider- ing text amendments to its Local Coastal Program (LCP) as summarized below. This amendment is be- ing proposed bv the City of Carisbad and is currentiy under re-view. This notice hereby opens a six week review period after which the Pianning Commission and City Councii wiii consider aii comments and act on the proposed amendment. The Pian- ning Commission hearing is expected to talce piace in December 2013, and wiii be duly noticed. The City Council hearing is ex- pected to take piace In January 2014, and will be duly noticed. Copies of the LCP amendment are avaiiabie for review at the following locations: (1) Carisbad Planning Division, 1635 Fara-day Avenue; (2) City Clerk's Office, 1200 Carisbad Village Drive; (3) Carisbad Main Library, 1775 Dove Lane; (4) Georgi-na Cole Library, 1250 Carlsbad Village Drive; and (5) the Cali- fornia Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 13-02- DENSITY BONUS REGULATIONS 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 consisten- cy between its proposed amended Zoning Ordinance and its Lo-cal Coastal Program. This specific Zone Code Amendment is as foi lows: To make the city's regulations pertaining to density bonuses con- sistent with Assembly Bills 2280 (Saldana) and 806 (Torres), as well as consistent with a California appellate court's ruling in Latinos Unidos del Vaiie de Napa y Solano v. County of Napa CLUNA"). If you have any questions, please caii Kevin Pointer in the Pian-ning Division at (760) 602-4620. Written comrrients should be sent to the Pianning Division at 1635 Faraday Avenue, Carisbad, California 92008. pub: 11/08/2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California fOhjThisJ^g^^T^ November, 2013 Jane Allshouse NORTH COUNTY TIMES Legal Advertising The CoasfN ews 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, 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 printed 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 08. 2013 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of California on this 8th of November 2013. Space above for County Clerk's Filing Stamp CITY OF CARLSBAD Community & Economic Development PUBLIC NOTICE TO INTERESTED PARTIES: Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program (LCP) as summa- rized 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 2013, and will be duly noticed. The City Councii hearing Is expected to take place in January 2014, and will be duly noticed. Copies of the LCP amendment are available for review at the fol- lowing 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 Carisbad Village Drive; and (5) the California Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 13-02 - DENSmr BONUS REGULATIONS The City's Zoning Ordinance Is the Implementing orcilnance for the City's Local Coastal Program. Accordingly, this Local Coastal Program Amendment Is necessary to ensure consisten- cy between Its proposed amended Zoning Ordinance and Its Local Coastal Program. This specific Zone Code Amendment Is as follows: To make the city's regulations pertaining to density bonuses consistent with Assembly Bills 2280 (Saldana) and 806 (Torres), as well as consistent with a California appellate court's ruling In Latinos Unidos del Valle de Napa y Solano v. County of Napa ("LUNA"). if you have any questions, please call Kevin Pointer in the Planning Division at (760) 602-4620. Written comments should be sent to the Planning Division at 1635 Faraday Avenue, Carlsbad, California 92008. PUBLISH DATE: October 31, 2013 PUBLISH DATE FOR NORTH COUNTY TIMES: November 8, 2013 PUBLISH DATE FOR COAST NEWS: Novembers, 2013 11/08/13 CN 15588 NOV 13 2013 ^ CITY OF ^ ^ PILE .^CARLSBAD Community & Economic Development www.carisbadca.gov 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 amendment. The Planning Commission hearing is expected to take place in December 2013, and will be duly noticed. The City Council hearing is expected to take place in January 2014, 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 AMENDIVIENT SUIVIMARY LCPA 13-02 - DENSITY BONUS REGULATIONS 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: To make the city's regulations pertaining to density bonuses consistent with Assembly Bills 2280 (Saldana) and 806 (Torres), as well as consistent with a California appellate court's ruling in Latinos Unidos del Valle de Napa y Solano v. County of Napa ("LUNA"). If you have any questions, please call Kevin Pointer in the Planning Division at (760) 602-4620. Written comments should be sent to the Planning Division at 1635 Faraday Avenue, Carlsbad, California 92008. PUBLISH DATE: October 31, 2013 PUBLISH DATE FOR NORTH COUNTY TIMES: November 8, 2013 PUBLISH DATE FOR COAST NEWS: November 8, 2013 Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax DENSITY BONUS REGULATIONS ZCA 13-01/LCPA 13-02 PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT AMENDMENTS TO CHAPTER 21.45 PLANNED DEVELOPMENTS Section 21.45.030 21.45,030 Definitions. A. Whenever the following terms are used in this chapter, they shall have the meaning established by this section: 1. "Condominium project" means a common interest development defined by Section 4100 of the California Civil Code, and which consists of two or more attached or detached dwelling units on one lot. 2. "Driveway" means an improved surface on private property intended for exclusive vehicular access from a public/private street or drive-aisle to open/enclosed parking for a single residential unit (attached or detached). 3. "Drive-aisle" means an improved surface on private property intended for shared vehicular access (serving two or more residential units, attached or detached) from a public/private street to a driveway(s) or open/enclosed parking. 4. "Net pad area" means the building pad of a lot excluding all natural or manufactured slopes greater than 3 feet in height except intervening manufactured slopes between split-level pads on a single lot. 5. "Planned development" means a form of development usually characterized by a unified site design for a number of housing units, clustering buildings and providing common open space, recreation and streets. 6. "Twin-home" means two dwellings attached by a common wall where each dwelling is on a separate lot that allows for separate ownership. AMENDMENTS TO CHAPTER 21.47 NONRESIDENTIAL PLANNED DEVELOPMENTS Section 21.47.020 21.47.020 Nonresidential planned development permit. The city council, planning commission or city planner, as provided in this chapter, may approve a permit for a nonresidential planned development in any industrial, commercial or office zone, or combination of zones subject to the requirements thereof except as they may be modified in accord with this chapter. DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE The application for a nonresidential planned development shall state whether the applicant intends to develop the project as a planned unit development, condominium project or stock cooperative project. For purposes of this chapter, a planned unit development is defined by Section 11003 ofthe Business and Professions Code ofthe state and a condominium project is defined by Section 44&1-4100 of the Caiifornia Civil Code- AMENDMENTS TO CHAPTER 21.86 RESIDENTIAL DENS;ITY BONUS AND INCENTIVES OR CONCESSIONS Section 21.86.010 21.86.010 Purpose and intent A. The public good is served when there exists in a city, housing which is appropriate for the needs of and affordable to all members of the public who reside within that city. Among other needs, there is in Carlsbad a need for housing affordable to lower-income households and senior citizens. Therefore, it is in the public interest for the city to promote the construction of such additional housing through the exercise of its powers and the utilization of its resources. B. It is the purpose of this chapter to provide a means for granting density bonuses and incentives or concessions to developers for the production of housing affordable to lower- and moderate-income households, and senior citizens. C. It is the purpose of this chapter to implement the goals, objectives and policies of the housing element ofthe city's general plan. D. It is the purpose of this chapter to implement Sections 65915 through §§947 65918 of the California Government Code. E. Nothing in this chapter is intended to create a mandatory duty on behalf of the city or its employees under the Government Tort Claims Act and no cause of action against the city or its employees is created by this chapter that would not arise independently of the provisions of this chapter. F. Nothing in this chapter shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act. Section 21.86.020 21.86.020 Definitions. A. Whenever the following terms are used in this chapter, they shall have the meaning established by this section: 1. "Affordable housing" means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified fraction of the county median income, adjusted for household size, as follows: Page 2 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE a. Extremely low-income, rental and for-sale units: the product of thirty percent times thirty percent ofthe county median income, adjusted for household size. b. Very low-income, rental and for-sale units: the product of thirty percent times fifty percent ofthe county median income, adjusted for household size. c. Low-income, rental units: the product of thirty percent times sixty percent of the county median income, adjusted for household size. d. Low-income, for-sale units: the product of thirty percent times seventy percent ofthe county median income, adjusted for household size. e. Moderate-income, for-sale units: allowable housing expenses shall not be less than twenty-eight percent ofthe gross income of the household, nor exceed the product of thirty-five percent times one hundred ten percent of the county median income, adjusted for household size. 2. "Allowable housing expense" means the total monthly or annual recurring expenses required of a household to obtain shelter. For a for-sale unit, allowable housing expenses include loan principal and interest at the time of initial purchase by the homebuyer, allowances for property and mortgage insurance, property taxes, homeowners' association dues and a reasonable allowance for utilities as defined by the Code of Federal Regulations (24CFR982). For a rental unit, allowable housing expenses include rent and a utility allowance as established and adopted by the city of Carlsbad housing authority, as well as all monthly payments made by the tenant to the lessor in connection with use and occupancy of a housing unit and land and facilities associated therewith, including any separately charged fees, utility charges, or service charges assessed by the lessor and payable by the tenant. 3. "Child day care center" shall have the same meaning as defined in Section 21.83.020(D) of this title. 4. "Common interest development" means any of the following (as defined in Section 4^§4-4100 ofthe California Civil Code): a. A community apartment project; b. A condominium project; c. A planned development; d. A stock cooperative. 5. "Conversion" means the change of occupancy of a dwelling unit from owner-occupied to rental or vice versa. 6. "Density bonus" means an increase over the maximum allowable residential density as specified by the land use element of the general plan in effect at the time of application submittal. Page 3 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE 7. "Density bonus dwelling units" means those residential units granted pursuant to the provisions of this chapter, which are above the maximum allowable residential density of the project site. 8. "Density bonus housing agreement" means a legally binding agreement between a developer and the city to ensure that the density bonus requirements of this chapter are satisfied. The agreement establishes, among other things, the number of target dwelling units and density bonus dwelling units, the unit sizes, location, affordability tenure, terms and conditions of affordability and unit production schedule. 9. "Development standard" means a site or construction conditions/requirements that appty applies to a housing development pursuant to any ordinance, general plan element, master or specific plan, or other city requirement, law, policy, resolution or regulation. A "development standard" may include, but is not limited to a height limitation, a setback requirement, a floor area ratio, an onsite open space requirement or a parking ratio. 10. "Extremely low-income household" means those households whose gross income is equal to or less than thirty percent of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. 11. "Housing development" means ofte-a development proiect for five or more §fot^ps-^-pr0jeels-4ef-residential units, including but not limited to7-6eft&istiftQ--9f-4he a. ^ A subdivision or common interest development consisting of five Of mofe residential units or unimproved lots; or eb. A project to either substantially rehabilitate and convert an existing commercial building to residential use^^r or c. A proiect to substantially rehabilitate an existing two-family or multiple-family dwelling structure(s), where the result of-rehabilitation would beresults in a net increase to five or more tfvavailable residential units. 12. "Incentives or concessions" means such regulatory incentives or concessions as stipulated in State-California Government Code Section 6§Q4§ffl65915(k), to include, but not be limited to, the reduction of site development standards or zone code requirements, approval of mixed use zoning in conjunction with the housing project, or any other regulatory incentive which would result in identifiable, financially sufficient, and actual cost reductions to enable the provision of housing affordable to the designated income group or qualified (senior) resident. 13. "Income" means any monetary benefits that qualify as income in accordance with the criteria and procedures used by the city of Carlsbad housing and neighborhood services department for the acceptance of applications and recertifications for the tenant based rental assistance program, or its successor. 14. "Low-income household" means those households whose gross income is more than fifty percent but does not exceed eighty percent of the median income for San Page 4 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Diego County as determined annually by the U.S. Department of Housing and Urban Development. 15. "Lower-income household" means low-income, very low-income and extremely low-income households, whose gross income does not exceed eighty percent of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. 16. "Market-rate unit" means a dwelling unit where the rental rate or sales price is not restricted either by this chapter or by requirements imposed through other local, state or federal affordable housing programs. 17. "Maximum allowable residential density" means the maximum density of the density range allowed by the residential general plan land use designation(s) applicable to a project site. All environmentally constrained lands identified as undevelopable in the general plan, local coastal program, and zoning ordinance shall be excluded from the total area of the project site when calculating maximum density. 18. "Moderate-income household" means those households whose gross income is more than eighty percent but does not exceed one hundred twenty percent of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. 19. "Qualifying resident" means a resident as defined in Chapter 21.84 of this title and Section 51.2 ofthe California Civil Code. 20. "Target dwelling unit" means a dwelling unit that will be offered for rent or sale exclusively to and which shall be affordable to the designated income group or qualified (senior) resident, as required by this chapter. 21. "Total units" means the number of dwelling units in a housing development, excluding the density bonus dwelling units awarded pursuant to this chapter or any other local ordinance granting a greater density bonus. 22. "Very low-income household" means a household earning a gross income equal to fifty percent or less ofthe median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. Section 21.86.030 21.86.030 Inclusionary Housing. A. All housing development projects are required to provide affordable housing units in accordance with Chapter 21.85 (Inclusionary Housing) of this title. If an applicant seeks to construct affordable housing to qualify for a density bonus in accordance with the provisions of this chapter, those affordable dwelling units that qualify--a--heti6ffl§--develQfim^^ density tows---afe—tf»--a^4itiof^^^ toward satisfym§-the-4ftdttsiofmf3H^t^^ re^wfeiTOi^-e^-€tej5tef^tT&§--ef4hi&-^^ to meet the inclusionary requirement Page 5 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE established pursuant to Chapter 21.85 of this title shall be counted toward satisfying the density bonus requirements of this chapter. Section 21.86.040 21.86.040 Density bonus for housing developments. A. The decision-making body shall grant one density bonus, as specified in subsection B of this section, and incentives or concessions, as set forth in Section 21.86.050 of this chapter, when an applicant of a housing development of at least five units seeks and agrees to construct at least any one of the following: 1. A minimum of ten percent of the total units of the housing development as restricted and affordable to lower-income households; 2. A minimum of five percent of the total units of the housing development as restricted and affordable to very low-income households; 3. A senior citizen housing development as defined in Section 21.84.030(A)(7) of this title and Section 51.3 ofthe California Civil Code, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code; or 4. A minimum of ten percent of the total units in a common interest development restricted and affordable to moderate-income households, provided that all units in the development are offered to the public for purchase. B. When an applicant seeks and agrees to construct a housing development meeting the criteria specified in subsection A of this section, the decision-making body shall grant a density bonus subject to the following: 1. The amount of density bonus to which a housing development is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentages established in subsection A of this section, as follows: a. For housing developments meeting the criteria of subsection (A)(1) of this section, the density bonus shall be calculated as follows: Table A Density Bonus for Housing Developments with Units Affordable to Low-Income Households Percentage of Low-Income Units Percentage of Density Bonus to be Page 6 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE (Minimum 10% required) Granted (Additional 1.5% density bonus for each 1 % increase above the 10% minimum) 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 16 29 17 30.5 18 32 19 33.5 20 35 b. For housing developments meeting the criteria of subsection (A)(2) of this section, the density bonus shall be calculated as follows: Table B Density Bonus for Housing Developments with Units Affordable to Very Low-Income Households Percentage of Very Low-Income Units Percentage of Density Bonus to be Granted 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 c. For housing developments meeting the criteria of subsection (A)(3) of this section, the density bonus shall be twenty percent of the number of senior housing units. d. For housing developments meeting the criteria of subsection (A)(4) of this section, the density bonus shall be calculated as follows: Page 7 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE Table C Density Bonus for Common Interest Developments with Units Affordable to Moderate- Income Households Percentage of Moderate-Income Units Percentage of Density Bonus to be Granted 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 Page 8 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE 40 35 2. The amount of density bonus to which a housing development is entitled shall not exceed thirty-five percent. 3. The applicant may elect to accept a lesser percentage of density bonus than specified in subsection B of this section. 4. If a housing development includes a combination of target dwelling unit types that meet two or more of the criteria specified in subsection A of this section, the applicant shall elect one applicable density bonus. C. When an applicant for a tentative subdivision map, parcel map, or other housing development approval donates land to the city, as provided for in accordance with this subsection, the applicant shall be entitled to a density bonus for the entire development, as follows: Table D Percentage of Very Low-Income Units Percentage of Density Bonus to be Granted 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 Page 9 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE 29 34 30 35 1. A density bonus granted pursuant to this subsection shall not exceed thirty-five percent. 2. If an applicant seeks both the density bonus feq4=wed-pursuant to this subsection and subsection A of this section, both density bonuses shall be granted up to a maximum combined density bonus of thirty-five percent. 3. An applicant shall be eligible for the density bonus described in this subsection only if all of the following conditions are met: a. The land is donated and transferred to the city no later than the date of approval of the final subdivision map, parcel map or housing development application. b. The developable acreage, zoning classification and general plan land use designation of the land being donated are sufficient to permit construction of the units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development. c. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, and has the appropriate; 1) general plan land use designation; 2) zoning classification with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2 of the California Government Code.aftd—genefai-- adequate public facilities and infrastructure. and 3) is or will be served by -The—4and -shall—have----af>pf0^tate----20f4R§-----an4---devete^ent i«ke-the-devel0pment-^4heaff€ -feas+bte-.- ed. t-si^Mivistoft-m a p fiaF66t-4nap; or hoysif>§- development, tThe transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or housinq development, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of the California Government Code if the design is not reviewed by the city prior to the time of transfer. fe. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability ofthe units consistent with Section 21.86.100 of this chapter, which shall be recorded on the property at the time of dedicationthe transfer. §f. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the developer. Page 10 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE hfl. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development. h. Prior to the approval of the final subdivision map, parcel map or housinq development application, the developer shall identify a proposed source of funding for the very low income units. D. In cases where an applicant requests a density bonus of more than what is specified in this section, the city council may grant the requested additional density bonus, subject to the following: 1. The project meets the requirements of this chapter. 2. The additional density bonus shall be considered an incentive, in accordance with Section 21.86.050 of this chapter. 3. The city council may require some portion of the additional density bonus units to be designated as target dwelling units. E. The city council may grant a proportionately lower density bonus than what is specified by this section for developments that do not meet the requirements of this chapter. F. The density bonus dwelling units granted pursuant to this chapter shall not be included when determining the number of housing units required by this chapter to be reserved for income-restricted households. G. When calculating the density bonus, or the required number of target dwelling units, any calculations resulting in fractional units shall be rounded up to the next whole unit. H. For the purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application in a housing development, but do not have to be based upon individual subdivision maps or parcels. I. The density bonus units shall be permitted in geographic areas of the housing development other than the areas where the units for lower-income households are located. J. A density bonus housing agreement shall be made a condition of the discretionary permits (i.e., tentative maps, parcel maps, planned unit developments, condominium permits, site development plans and redevelopment permits) for all housing developments that request a density bonus and incentives or concessions. The relevant terms and conditions of the density bonus housing agreement shall be filed and recorded as a deed restriction on those individual lots or units of a project development which are designated for the location of target dwelling units. The density bonus housing agreement shall be consistent with Section 21.86.130 of this chapter. Section 21.86.050 21.86.050 Incentives and concessions for housing developments. Page 11 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE A. When an applicant requests a density bonus pursuant to Section 21.86.040(A) of this chapter, the decision-making body shall grant incentives or concessions, subject to the following: 1. An applicant shall submit a proposal for any specific incentives or concessions requested pursuant to this section. 2. The decision-making body shall grant the incentive(s) or concession(s) requested by the applicant unless, based upon substantial evidence, either-any of the following findings are made in writing: a. The incentive or concession is not required in order to provide for affordable housing as defined in Section 21.86.020(A)(1) of this chapter. b. The incentive or concession would have a specific adverse impact upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. As used in this paragraph, and as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, a "specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. law. concessions: c. The incentive or concession would be contrary to state or federal The applicant shall receive the following number of incentives or a. One incentive or concession for projects that include at least ten percent of the total units for lower-income households, at least five percent for very low-income households, or at least ten percent for persons and families of moderate income in a common interest development. b. Two incentives or concessions for projects that include at least twenty percent of the total units for lower-income households, at least ten percent for very low- income households, or at least twenty percent for persons and families of moderate income in a common interest development. c. Three incentives or concessions for projects that include at least thirty percent of the total units for lower-income households, at least fifteen percent for very low- income households, or at least thirty percent for persons and families of moderate income in a common interest development. 4. An incentive or concession may include any of the following: a. A reduction in site development standards or a modification of zoning code or architectural design requirements (excluding State Building Standards), that results in identifiable, financially sufficient and actual cost reductions. A reduction/modification to standards or requirements may include, but is not limited to, a reduction in minimum lot size, Page 12 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE setback requirements, and/or in the ratio of vehicular parking spaces that would otherwise be required. b. Approval of mixed use zoning in conjunction with the housing development if: i) commercial, office, industrial or other land uses will reduce the cost of the housing development; and ii) the commercial, office, industrial, or other land uses are compatible with the housing development and the existing or planned future development in the area where the proposed project will be located. c. Other regulatory incentives or concessions that result in identifiable, financially sufficient and actual cost reductions. d. The city council may, but is not required to, provide direct financial incentives, including the provision of publicly owned land, or the waiver of fees or dedication requirements. 5. The applicant shall show that the requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and actual cost reductions. Section 21.86.060 21.86.060 Waiver or reduction of development standards. A. In addition to the incentives or concessions permitted by Section 21.86.050 of this chapter, an applicant may seek a waiver or reduction of development standards that will have the effect of physically precludinq the construction of a housing development meeting the criteria of Section 21.86.040(A) of this chapter at the densities or with the incentives or concessions permitted by this chapter. 4-: T-h€---"ap{^k5ant-shaW--s-hew---#«^-4he--f€^wes^ devetef^ment-standards is necessafy-te-nwte4he t^ysmg-4jmt&-eeoRe^ 21. The applicant shall provide evidence that the development standard(s) requested to be waived or reduced will have the effect of physically precluding the construction of a housing development at the densities or with the incentives or concessions permitted by this chapter. 2. A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 21.86.050 of this chapter. B. The decision-making body shall grant the requested waiver or reduction of development standards, unless, based upon substantial evidence, any of the following findings are made in writing: >-ha«&m§-t Page 13 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE 21. The development standard(s) requested to be waived or reduced will not have the effect of physically precluding the construction of a housing development at the densities or with the incentives or concessions permitted by this chapter. S2. The requested waiver or reduction of development standards would have a specific adverse impact upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. As used in this subsection, and as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 3. The waiver or reduction of development standards would be contrary to state or federal law. Section 21.86.090 21.86.090 Density bonus housing standards. A. Required target dwelling units shall be constructed concurrent with market-rate dwelling units unless both the final decision-making authority ofthe city and the developer/applicant agree within the density bonus housing agreement to an alternative schedule for development. B. Whenever feasible, target dwelling units and density bonus dwelling units should be built on-site (within the boundary ofthe proposed development) and, whenever reasonably possible, be distributed throughout the project site. C. Whenever feasible, target dwelling units should be located on sites that are in proximity to, or will provide access to, employment opportunities, urban services, or major roads or other transportation and commuter rail facilities (i.e., freeways, bus lines) and that are compatible with adjacent land uses. D. Whenever feasible, target dwelling units should vary in size and number of bedrooms, in response to affordable housing demand priorities of the city. E. Density bonus projects shall comply with all applicable development standards, except those which may be modified as an incentive or concession, or as otherwise provided for in this chapter. In addition, all units must conform to the requirements ofthe applicable building and housing codes. The design of the target dwelling units shall be reasonably consistent or compatible with the design of the total project development in terms of appearance, materials and finished quality. F. No building permit shall be issued, nor any development approval granted, for a development which does not meet the requirements of this chapter. No target dwelling unit shall be rented or sold except in accordance with this chapter. Page 14 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE G. Upon the request of the applicant, the parking ratio (inclusive of handicap and guest parking) for a housing development that conforms to the requirements of Section 21.86.040(A) of this chapter shall not exceed the ratios specified in Table E, below. If the applicant does not request the parking ratios specified in Table E or the project does not conform to the requirements of Section 21.86.040(A) of this chapter, the parking standards specified in Chapter 21.44 of this code shall apply. 1. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. 2. For purposes of this section, a housing development may provide "on- site" parking through tandem parking or uncovered parking, but not through on-street parking. 3. The applicant may request additisnat-parking incentives or concessions beyond those provided in this section, subject to the findings specified in Section 21.86.050(A)(2) of this chapter. Table E Dwelling Unit Size On-Site Parking Ratio 0-1 bedrooms 1 space per unit 2-3 bedrooms 2 spaces per unit 4 or more bedrooms 2.5 spaces per unit Section 21.86.100 21.86.100 Affordability tenure. A. All low- and very low-income dwelling units that qualified the housing project for a density bonus shall remain restricted and affordable to the designated group for a period of at least thirty years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. B. All moderate-income dwelling units directly related to the receipt of a density bonus for a common interest development shall be subject to the following: 1. The initial occupant(s) of the target dwelling unit(s) shall be persons and families of moderate income, and the units shall be offered at an affordable housing cost that does not exceed the allowable housing expenses for a moderate-income household. 2. Unless in conflict with the requirements of another public funding source or law, the target dwelling unit(s) shall be subject to an equity sharing agreement that specifies: a. Upon resale, the seller of the unit shall retain the value of any improvements, the down_^payment, and the seller's proportionate share of appreciation. Page 15 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE b. Upon resale, the city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. i. For the purposes of this subsection, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. ii. For the purposes of this subsection, the city's proportionate share of appreciation shall be equal to the ratio ofthe city's initial subsidy to the fair market value of the home at the time of initial sale. 3. If the city provides a direct financial contribution to a common interest development through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the target dwelling unit(s) shall remain affordable to the designated income group for at least thirty years. C. For rental projects, the city or its designee shall have a one-time first right of refusal to purchase any project containing affordable units offered for sale at the end ofthe minimum tenure of affordability. The first right of refusal to purchase the rental project shall be submitted in writing to the housing and neighborhood services director. Within ninety days of its receipt, the city shall indicate its intent to exercise the first right of refusal for the purpose of providing affordable housing. Section 21.86.110 21.86.110 Application process. A. The granting of a density bonus, incentive or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, zone code amendment, local coastal plan amendment, zone change or other discretionary approval. B. Preliminary Application. A preliminary application may be submitted prior to the submittal of any formal development application for a housing project that includes a request for a density bonus, incentive(s) or concession(s). The preliminary application should include the following information: 1. A brief description of the proposal including the number of target dwelling units and density bonus units proposed; 2. The zoning, general plan designations and assessors parcel number(s) of the project site; 3. A site plan, drawn to scale, which includes: building footprints, driveway and parking layout, existing contours and proposed grading; Page 16 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE 4. A letter identifying what specific density bonus, incentives or concessions (e.g., standards modifications, additional density bonus, or fee waiver, etc.) are being requested of the city; and 5. The planning division shall provide to an applicant/developer, a letter that identifies project issues of concern and the procedures for compliance with this chapter. C. Formal Application. A request for a density bonus, incentive(s) or concession(s), pursuant to this chapter, does not require a discretionary approval. The request shall be processed as part of the development applications for a housing development, as othenwise required in other sections of this code (e.g., site development plan, tentative map, parcel map, planned unit development, conditional use permit, redevelopment permit, etc.). 1. If the project involves a request for direct financial incentives from the city, then any action by the planning commission on the application shall be advisory only, and the city council shall have the authority to make the final decision on any discretionary permits related to the project. 2. The following information shall be included with the development application(s) required for the project: a. A legal description of the total site proposed for development of the target dwelling units including a statement of present ownership and present and proposed zoning; b. A letter signed by the present owner stating what specific density bonus, incentives, or concessions (e.g., standards modifications, additional density bonus, or fee waiver, etc.) are being requested from the city; c. A detailed vicinity map showing the project location and such details as the location ofthe nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities; d. Site plans, designating the total number of units proposed on the site, including the number and location of target dwelling units and density bonus dwelling units, and supporting plans per the application submittal requirements; e. In the case of a request for any incentive(s) or concession(s), a pro forma for the proposed project to justify the request, in accordance with the provisions of Section 21.86.050 of this chapter; f. In the case of a request for a waiver or reduction of development standards, pursuant to Section 21.86.060 of this chapter, a pro forma for the proposed project feastteleT-a«4evidence that the development standard being waived or reduced will have the effect of physically precluding the construction of the development at the densities or with the concessions or incentives permitted by this chapter; g. In the case of a condominium conversion request, a report documenting the following information for each unit proposed to be converted: Page 17 DENSITY BONUS REGULATIONS (ZCA 13-01/LCPA 13-02) PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE i. The monthly income of tenants of each unit throughout the prior year, ii. The monthly rent for each unit throughout the prior year, and iii. Vacancy information for each unit throughout the prior year. Section 21.86.120 21.86.120 Findings for approval. A. When a project involves a request for a density bonus, incentive(s) or concession(s), the following findings shall be made as part ofthe approval ofthe development application(s) required for the project: 1. The project is consistent with the provisions of this chapter. 2. The requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and actual cost reductions; 3. In cases where an applicant requests a waiver or reduction of development standards, pursuant to Section 21.86.060, the requested waiver or reduction of development standard(s) is necessary to make the hotisinq units economically feasibleavoid physically precluding the construction of a housing development at the densities or with the incentives or concessions permitted by this chapter. 4. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development standards, if any, will not result in an adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 ofthe California Government Code, to the public health and safety, the environment, or on any real property that is listed in the California Register of Historical Resources; or, if the request will result in an adverse impact, then the request may be approved if the following finding is made: a. There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. 5. In cases where an applicant requests to convert apartment units to condominiums, the condominium conversion project shall not result in a reduction in the affordable housing stock for lower-income groups, as of most recent inventory. 6. For development located in the coastal zone, the requested density bonus, and any requested incentive(s), concessions(s), and/or waivers or reduction(s) of development standards, are consistent with all applicable requirements ofthe certified Cadsbad Local Coastal Program Land Use Plan(s), with the exception of density. 7. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development standards would be contrary to state or federal law. Page 18 Easy Peel® Labels Use Ave?v® Template 5160<^ I Feed Paper Bend along line to expose Pop-Up Edgei* AVERY® 5160® I BARONA GROUP OF THE CAPITAN GRANDE EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE CA 92040 BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CA DEPT OF TRANSPORTATION DISTRICT 11 - DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM 335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZ DR ARLINGTON TX 760114005 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220N ST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST STE. 811 LOS ANGELES CA 90017 DEPT OF JUSTICE DEPT OF ATTY GEN RM700 110 WEST A ST SAN DIEGO CA 92101 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA FEDERAL ENERGY REGULATORY COMMISSION 1001ST ST, STE 2300 SAN FRANCISCO CA 941053084 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 UVMPSON AVE LOSALAMITOSCA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401 BST SAN DIEGO CA 92101 SD COUNTY PLANNING & LAND USE DEPT STE 310 5510 OVERLAND AVE SAN DIEGO CA 921231239 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HOWEAV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL 17 SAN FRANCISCO CA 94103 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECUU CA 92590 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 Etiquettes fadles h peler Utilisez le gabarit AVERY® 5160® Sens de Repliez d la hachure afin de j r6v4ler le rebord Pop-Up™ | www<ayery.com 1-800-eO-AVERY Easy Peel® Labels j • —• ^emSt^^mm^ta \ Use Avery® Template 5160® j^jj^ Feed Paper ' expose Pop-Up Edge^ J^j^ WATER RESOURCES CONTROL BOARD PO BOX 100 FRONT COUNTER CITY CLERK SACRAMENTO CA 95801 DOVE LIBRARY GEORGINA COLE UBRARY Etiquettes faciles a peler | Repliez Ste hachure afin de| wwwsaver^om \ Utilisez le gabarit AVERY® 5160® J rh^rnt°tf.r r6v6lef le rebord Pop-Up™ | 1-«Q0^iO-AVERY • SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY P.O. BOX 82776, SAN DIEGO. CA 92138-2776 619,400.2400 WWW.SAN.ORG November 12, 2013 Mr Kevin Pointer City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 mn Re: Airport Land Use Commission Consistency Determination - Zoning Ordinance Amendment for Density Bonus Regulations, City of Carlsbad Dear Mr Pointer: As the Airport Land Use Commission (ALUC) for San Diego County, the San Diego County Regional Airport Authority acknowledges receipt of an application for a determination of consistency forthe project described above. This project is located within the Airport Influence Area (AIA) forthe McClellan-Palomar Airport - Airport Land Use Compatibility Plan (ALUCP). ALUC staff has reviewed your application and accompanying materials and has determined that it meets our requirements for completeness. In accordance with ALUC Policies and applicable provisions ofthe State Aeronautics Act (Cal. Pub. Util. Code §21670-21679.5), ALUC staff has determined that the proposed project is consistent with the McClellan- Palomar Airport ALUCP based upon the facts and findings summarized below: (1) The proposed project involves a zoning ordinance amendment to make local agency regulations regarding density bonuses consistent with State and case law. It does not include any physical development. (2) Properties affected by the project potentially lie within all noise contours. The ALUCP may require sound attenuation for certain uses or consider them to be incompatible within given contours. Existing local agency policies require sound attenuation or prohibit land uses in noise contours in accordance with the ALUCP per its General Plan, which has been deemed conditionally consistent with the ALUCP by the ALUC. (3) The proposed project is In compliance with the ALUCP airspace protection surfaces because no physical construction Is actually proposed by the project. Existing local agency policies require review of proposed construction by the Federal Aviation Administration. (4) Properties affected by the project potentially lie within all safety zones. The ALUCP designates levels of residential density or nonresidential intensity according to uses by zone. Local agency policies Implement the ALUCP according to these allowances per its General Plan, which has been deemed conditionally consistent with the ALUCP by the ALUC. (5) Properties affected by the proposed project may lie within the overflight notification area. The ALUCP requires that an overflight notification be provided for new residential land SAN DIEGO - INTERNATIONAL iV AIRPORT Mr Pointer Page 2 uses. Existing local agency policies provide for overflight notification for new residential land uses. (6) Therefore, the proposed project Is consistent with the adopted McClellan-Palomar Airport ALUCP. (7) This determination of consistency is not a "project" as defined by the California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21065, and Is not a "development" as defined by the California Coastal Act, Cal. Pub. Res. Code §30106. Please contact Ed Gowens at (619) 400-2244 If you have any questions regarding this letter. Yours truly. Angela Jamison Manager, Airport Planning cc: Amy Gonzalez, SDCRAA - General Counsel Ron Bolyard, Caltrans - Division of Aeronautics Chris Schmidt, Caltrans, District 11 <i^m> CITY OF V CARLSBAD Community & Economic Development www.carlsbadca.gov PLANNING COMMISSION NOTICE OF DECISION Decembers, 2013 City of Carlsbad SUBJECT: ZCA 13-01/LCPA 13-02 - DENSITY BONUS REGULATIONS At the December 4, 2013 Planning Commission meeting, your application was considered. The Commission voted 7-0 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 Kevin Pointer at (760) 602-4620 or kevin.pointer(S)carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:KP:bd c: Data Entry File enc: Planning Commission Resolution No. 7026 h Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ©