HomeMy WebLinkAbout2012-11-27; City Council; Resolution 2012-26117
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The City Council of the City of Carlsbad, Califomia, does hereby resolve as
EXHIBIT 1
1 RESOLUTION NO. 2012-261
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO
3 THE TEXT OF THE VILLAGE MASTER PLAN AND DESIGN
MANUAL AND LOCAL COASTAL PROGRAM TO IMPLEMENT
4 PART OF PROGRAM 2.1 (ADEQUATE SITES) OF THE 2005-
2010 HOUSING ELEMENT BY INCREASING THE MINIMUM
5 DENSITIES OF ALL LAND USE DISTRICTS IDENTIFIED IN THE
VILLAGE MASTER PLAN AND DESIGN MANUAL.
6 CASE NAME: VILLAGE MINIMUM DENSITIES
CASE NO.: MP 12-01/LCPA 95-10(0
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8 follows:
9 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
10 Commission did, on September 5, 2012, hold a duly noticed public hearing as prescribed by law
11 to consider MP 12-01 and LCPA 95-10(C) as referenced in Planning Commission Resolution
12 No. 6905; and
WHEREAS, the Village Master Plan and Design Manual (Master Plan) also
1^ serves as the Local Coastal Program for Village Area properties within the Coastal Zone; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution
No. 6905 and recommended to the City Council approval of MP 12-01 and LCPA 95-10(C); and
WHEREAS, subsequent to the Planning Commission meeting, additional wording
has been proposed to the Master Plan text amendments recommended for approval by the
Planning Commission to clarify how density is to be calculated for mixed use projects; and
WHEREAS, mixed use projects, which often feature ground floor retail uses and
upper floor residential uses, are encouraged in the Village by the Master Plan; and
WHEREAS, the additional wording responds to concerns expressed at the
Planning Commission meeting that proposed minimum densities may be difficult to meet,
particulariy for mixed use projects in Master Plan land use districts 1-4; and
WHEREAS, the additional wording, which proposes that the minimum density for
mixed use projects shall be calculated based on fifty percent of a project's developable area, is
consistent with the calculations utilized in the adopted 2005-2012 Housing Element to detemiine
1 Govemment Code Section 65863, does not reduce or permit the reduction of residential density
2 on any parcel to a density below that which was utilized by the state Department of Housing and
3 Community Development in determining compliance with housing element law; and
4 WHEREAS, because the additional wording only clarifies how to determine
5 density for mixed use projects consistent with the adopted 2005-2012 housing element, it does
6 not constitute a substantial modification of the amendments previously considered by the
7 Planning Commission; therefore, it does not require review by the Planning Commission before
8 the City Council takes action according to Zoning Ordinance Section 21.52.050 B.2.; and
9 WHEREAS, the additional wording is shown on Attachment "A" dated October 5,
10 2012, and attached hereto; and
11 WHEREAS, the City Council of the City of Carisbad, on the 27th day of
12 November, 2012, held a duly noticed public hearing to consider said amendments to the Master
1^ Plan and Local Coastal Program; and
14 WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the Master Plan and Local Coastal Program amendments.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
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of Carisbad as follows:
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1. That the above recitations are true and correct.
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2. That the recommendations of the Planning Commission for the approval
21 of MP 12-01 and LCPA 95-10(C) are adopted and approved, except as modified by the
additional clarifying wording shown on Attachment "A" attached hereto, and that the findings of
22 the Planning Commission contained in Planning Commission Resolution No. 6905 on file with
the City Clerk and incorporated herein by reference are the findings of the City Council.
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3. That the approval of LCPA 95-10(C) shall not become effective within the
24 Coastal Zone until it is approved by the Califomia Coastal Commission and the California
Coastal Commission's approval becomes effective.
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4. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carisbad Municipal Code, "Time Limits for Judicial
2y Review," shall apply:
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"NOTICE TO INTERESTED PARTIES"
The time within which judicial review of this decision must be sought is
govemed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carisbad by Carisbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attomey
of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Cleric, City of
Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carisbad on the 27th day of November, 2012, by the following vote to
wit:
AYES:
NOES:
Council Members Kulchin, Blackbum, Douglas
None
ABSENT: Council Members Hall, Packard
MATT HALL, Mayor
ATTEST:
LORe^N
Karen R. Kund
(SEAL)
)0D, cm Cleric
Assistrant City Clerk
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Attachment A to City Council Resolufion Approving MP 12-01/LCPA 95-10(C)
October 5, 2012
Amendment to the Carlsbad Village Master Plan and Design Manual
• Underline and strikeout text indicates changes recommended for approval by
Planning Conimission Resolution 6905.
• Double underline and bold text indicates additional changes recommended for
approval proposed subsequent to adoption of Planning Commission Resolution
6905. Changes affect only the first paragraph below.
Proposed changes affect the Uniyersal Standards section of Chapter 3, Deyelopment Standards,
by amending existing "Residential Density" proyisions and adding a new "Lot Consolidation"
section as follows:
Residential Density
The properties within the Village Area do not have a residential density assigned to them for Growth
Management Program compliance purposes. Therefore, the minimum and maximum densities for
development that includes residential within the Village Area are set forth herein. For Land Use
Districts 1-4 ofthe Village Area, theminimiimdensityshallbg28dwelling units per acre and the
maximum density permitted for a de\^elopment that includes residential shall be 35 dwelling units per
acre. For Land Use Districts 5-9, the mininium density shall be18 dwelliiig units per acre and the
maximum density for a development that includes residential shall be 23 dwelling units per acre. The
minimum density for all land use districts with development that includes residential in the Village
Ami r.hfVII he IS fKvpllina unit^. per ncre.For mixed use projects in all land use districts, the
minimum density shall he calculated based on fifty percent of the deyelopable area.
A density bonus may be granted in accordance with Chapter 21.86 of the Carlsbad Municipal Code to
exceed the maximum densitksy noted above. A density increase may also be granted, on a case-by-
case basis, for the purposes of providing affordable housing for low and/or moderate income
households and/or when an applicant can provide acceptable evidence to the City Council that the
density increase is necessary in order for the development to qualify for silver level or higher LEED
Certification, or a comparable green building rating, and assist in maintaining the financial feasibility
of the development and/or when the City Council determines that a project has significant public
benefit or assists in meeting the goals and objectives set forth within the Village Master Plan.
To approve a density above the maximums set forth herein, the following findings must be made by
the City Council:
1. That the project will provide sufficient additional public facilities for the density in excess of
the maximum permitted to ensure that the adequacy of the City's public facilities plans will
not be adversely impacted.
2. That there have been sufficient developments approved in the quadrant iLdeililiii.below their
maximum densities Cirowth Management C\)ntr()l Pi^ints so the approval will not result in
exceeding the quadrant limit.
Attachment A to City Council Resolution Approving MP 12-01/LCPA 95-10(C)
October 5, 2012
3. That all necessary public facilities will be constructed, or are guaranteed to be constructed,
concurrently with the need for them created by this development and m compliance with the
adopted city standards.
The minimum residential density for the Village shall be 4-5-18 or 28 dwelling units per acre, as noted
above. Pursuant to Califomia Government Code Section 65863, the city utilized these minimum
densities23 dwelling units to an acre in the Village for purposes of determining the adequacy of sites
to provide for affordable housing in its 2005-2010 Housing Element. As a resuh, to approve a
development that includes residential density below either minimiim23 dwelling units per acre, the
following findings must be made by the City Council:
1. The reduction is consistent with the adopted General Plan, including the Housing Element.
2. The remaining sites identified in the housmg element are adequate to accommodate the city's
share ofthe regional housmg need pursuant to Government Code Section 65584.
In future Housmg Elements, the density may be revised as appropriate and this section ofthe Village
Master Plan and Design Manual shall be revised by reference accordingly. In no case shall the
residential density be below the mimmmn of 15 dwelling units per acre.
^Pursuant to City Council Policy No. 43, Aall housing located in the Village Area qualifies for, and
requires^ an allocation of excess units fi'om the Proposition E "Excess Dwelling" Unit Bank. The
criteria for withdrawing units fi-om the Excess Dwelling Unit Bank are contained in City Council
PoiicvNo. 43.
Lot Consolidation
Because there are generally very small lots within the Village Area, it is often difficult to develop
them in a financially feasible manner without lot consolidation. As a generai policy, the City
encourages lot consolidation witiiin tiie Village Area and will assist developers, builders, and property
owners to identiiy potential sites tbr consolidation as needed.
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