HomeMy WebLinkAbout2019-12-17; City Council; Resolution 2019-265RESOLUTION NO. 2019-265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A GENERAL PLAN AMENDMENT, A ZONE CODE AMENDMENT AND
A LOCAL COASTAL PROGRAM AMENDMENT TO UPDATE THE CITY'S
INCLUSIONARY HOUSING AND DENSITY BONUS ZONING ORDINANCES TO
REFLECT CHANGES IN STATE LAW.
WHEREAS, the city planner, has prepared a proposed amendment to the General Plan, Zone Code
and Local Coastal Program pursuant to Chapter 21.52 of the Carlsbad Municipal Code to ensure consistency
with state laws related to inclusionary housing and density bonus; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that the Planning
Commission did, on Oct. 2, 2019, hold a duly noticed Public Hearing as prescribed by law to recommend to
the City Council approving an amendment to the lnclusionary Housing and Density Bonus Zoning
Ordinances; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that the Housing
Commission did, on Oct. 10, 2019, hold a duly noticed Public Hearing as prescribed by law recommending
to the City Council adoption of the lnclusionary Housing and Density Bonus Zoning Amendments; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed Public Hearing to consider
said General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment; and
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 General Plan
Amendment, Zone Code Amendment and Local Coastal Program Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of General Plan
Amendment GPA 2019-0002, Zone Code Amendment ZCA 2017-0001 and Local Coastal
Program Amendment LCPA 2017-0001 are adopted and approved, and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No.
7334 on file with the city clerk and incorporated herein by reference, are the findings and
conditions of the City Council.
3. That the recommendation of the Housing Commission for the approval of General Plan
Amendment GPA 2019-0002, Zone Code Amendment ZCA 2017-0001 and Local Coastal
Program Amendment LCPA 2017-0001 are adopted and approved, and that the findings and
conditions of the Housing Commission contained in Housing Commission Resolution No.
Dec. 17, 2019 Item #18 Page 37 of 99
2019-002 on file with the city clerk and incorporated herein by reference, are the findings
and conditions of the City Council.
4. This action is final the date this Resolution is adopted by the City Council. The provisions of
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure,
Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter
1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the
ninetieth 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 is filed with a 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 attorney of record, if he has one. A written request for the
preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200
Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad
on the 17th day of December 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
~lecJer UmEi? IJ. :i:~ty Clerk 1/ <pvkj
C;-!5"
(SEAL) llt~J<
Dec. 17, 2019 Item #18 Page 38 of 99
PLANNING COMMISSION RESOLUTION NO.7334
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL
PLAN AMENDMENT, A ZONE CODE AMENDMENT AND A LOCAL COASTAL
PROGRAM AMENDMENT TO ENSURE CONSISTENCY WITH STATE LAW
RELATED TO INCLUSIONARY HOUSING AND DENSITY BONUSES.
CASE NAME:
AMENDMENTS
CASE NO:
0001 (PUB17Y-0004)
INCLUSIONARY HOUSING AND DENSITY BONUS
GPA 2019-0002/ZCA 2017-0001/LCPA 2017-
EXHIBIT 5
WHEREAS, the City Planner, has prepared a proposed amendment to the General Plan,
Zone Code and Local Coastal Program pursuant to Chapter 21.52 of the Carlsbad Municipal Code to ensure
consistency with state laws related to inclusionary housing and density bonus; and
WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as
provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title
14, Division 5.5; and
WHEREAS, the proposed General Plan Amendment, is set forth in Exhibit "1" of this
resolution, dated October 2, 2019, and attached here to; and
WHEREAS, the proposed Zone Code Amendment and Local Coastal Program Amendment
are consistent with state inclusionary housing law and density bonus law and are set forth in the draft
City Council Ordinance, Exhibit "2" dated, October 2, 2019, and attached hereto INCLUSIONARV
HOUSING AND DENSITY BONUS AMENDMENTS -ZCA 2017-0001/LCPA 2017-0001; and
WHEREAS, California Coastal Commission Regulations require a six-week publ_ic review
period for any amendment to the Local Coastal Program; and
WHEREAS, on June 5, 2019, the Airport Land Use Commission reviewed and found that
the proposed General Plan Amendment and Zone Code Amendment are consistent with the adopted
McClellan-Palomar Airport Land Use Compatibility Plan; and
Dec. 17, 2019 Item #18 Page 67 of 99
WHEREAS, the Planning Commission did on October 2, 2019, hold a duly noticed public
hearing as prescribed by law to consider said request for a proposed General Plan Amendment, Zone Code
Amendment and Local Coastal Program Amendment; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to .
the General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment.
NOW,'THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) At the end .of the state-mandated six-week review period for the Local Coastal Program
Amendment, starting on June 7, 2019 and ending on July 19, 2019 staff shall present to
the City Council a summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of INCLUSIONARY HOUSING AND DENSITY BONUS
AMENDMENTS -GPA 2019-0002/ZCA 2017-0001/LCPA 2017-0001 (PUB17Y-0004),
based on the following findings:
Findings:
1. GPA 2019-0002, ZCA 2017-0001 and LCPA 2017-0001 reflect sound principles of good Jl~nning in .. ···,. )
that it amends the General Plan to ensure consistency between the changes to the inclusiiinary
housing ordinance and Housing Element Program 3.1 and makes necessary changes to the Zone
Code to implement state law.
2. ZCA 2017-0001 is consistent with the General Plan in that Land Use and Community Design
Element Residential Policy 2-P.6 directs the City to encourage the provision of low and
moderate income housing to meet Housing Element objectives. In Carlsbad, affordable (lower
income) housing is primarily achieved through inclusionary housing requirements. ZCA 2017-
0001 is consistent with the General Plan Housing Element Program 3.1 as amended.
3. ZCA 2017-0001 is consistent with the General Plan in that the proposed amendments implement
the General Plan Housing Element Program 3.3, which requires the city to ensure consistency
with state density bonus law.
4. ZCA 2017-0001 ensures consistency with the McClellan-Palomar Airport Land Use
Compatibility Plan.
PC RESO NO. 7334 -2-
Dec. 17, 2019 Item #18 Page 68 of 99
Exhibit 8
HOUSING COMMISSION RESOLUTION NO. 2019-002
A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL
PLAN AMENDMENT, A ZONE CODE AMENDMENT AND A LOCAL COASTAL
PROGRAM AMENDMENT TO ENSURE CONSISTENCY WITH STATE LAW
RELATED TO INCLUSIONARY HOUSING AND DENSITY BONUSES.
CASE NAME: INCLUSIONARY HOUSING AND DENSITY BONUS
AMENDMENTS
CASE NO: GPA 2019-0002/ZCA 2017-0001/LCPA 2017-
0001 (PUB17Y-0004)
1
WHEREAS, the City Planner, has prepared a proposed amendment to the General Plan,
Zone Code and Local Coastal Program pursuant to Chapter 21.52 of the Carlsbad Municipal Code to ensure
consistency with state laws related to inclusionary housing and density bonus; and
WHEREAS,. the City Planner has prepared a Local Coastal Program Amendment, as
provided in Public Resources Code, Section 30514 and Section 13551 of California Code of Regulations Title·
14, Division 5.5; and
WHEREAS, the proposed General Plan Amendment, is set forth in Exhibit "1" of this
resolution, dated October 2, 2019, and attached hereto as GPA 2019-0002; and
WHEREAS, the proposed Zone Code Amendment and Local Coastal Program Amendment
are consistent with state inclusionary housing law and density bonus law and are set forth in the draft
City Council Ordinance, Exhibit "2" dated, October 2, 2019, and attached hereto as INCLUSIONARY
HOUSING AND DENSITY BONUS AMENDMENTS -ZCA 2017-0001/LCPA 2017--0001; and
WHEREAS, California Coastal Commission Regulations require a six-week public review
period for any amendment to the Local Coastal Program; and
WHEREAS, on June 5, 2019, the Airport Land Use Commission reviewed and found that
the proposed General Plan Amendment and Zone Code Amendment are consistent with the adopted
McClellan-Palomar Airport Land Use Compatibility Plan; and
Dec. 17, 2019 Item #18 Page 80 of 99
WHEREAS, the Housing Commission did on October 10, 2019, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of
Carlsbad as follows:
A)
B)
C)
Findings:
That the foregoing recitations are true and correct.
At the end of the state-mandated six-week review period for the Local Coastal Program
Amendment, starting on June 7, 2019 and ending on July 19, 2019 staff shall present to
the City Council a summary of the comments received.
That based on the evidence presented at the public hearing, the Housing Commission
RECOMMENDS APPROVAL of INCLUSIONARY HOUSING AND DENSITY BONUS
AMENDMENTS -GPA 2019-0002/ZCA 2017-0001/LCPA 2017-0001 (PUB17V-0004),
based on the following findings:
1. GPA 2019-0002, ZCA 2017-0001 and LCPA 2017-0001 reflect sound principles of good planning in
that it amends the General Plan to ensure consistency between the changes to the inclusionary
housing ordinance and Housing Element Program 3.1 and makes necessary changes to the Zone
Code to implement state law.
2. ZCA 2017-0001 is consistent with the General Plan in that Land Use and Community Design
Element Residential Policy 2-P.6 directs the City to encourage the provision of low and
moderate income housing to meet Housing Element objectives. In Carlsbad, affordable (lower
income) housing is primarily achieved through inclusionary housing requirements. ZCA 2017-
0001 is consistent with the General Plan Housing Element Program 3.1 as amended.
3. ZCA 2017-0001 is consistent with the General Plan in that the proposed amendments implement
the General Plan Housing Element Program 3.3, which requires the city to ensure consistency
with state density bonus law.
4. ZCA 2017-0001 ensures consistency with the McClellan-Palomar Airport Land Use
Compatibility Plan.
5. LCPA 2017-0001 ensures the Carlsbad Local Coastal Program and the Zone Code are
consistent.
HC RESO NO. 2019-002 -2-
Dec. 17, 2019 Item #18 Page 81 of 99
6. LCPA 2017-0001 meets the requirements of, and is in conformity with, the policies of
Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program
not being amended by this amendment, in that the amendment ensures consistency with
the Zone Code, inclusionary housing law and state density bonus law and does not conflict
with any Coastal Zone regulations, land use designations or policies, with which
development must comply.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing
Commission of the City of Carlsbad, held on October 10, 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COLE, CORTES-TORRES, EVANS, NGUYEN-CLEARY
NONE
NONE
NONE
JOHl'JGUYEN-CLEARY, Acting Chairperson
CARLSBAD HOUSING COMMISSION
ATTEST:
David de Cordova
Principal Planner
HC RESO NO. 2019-002 -3-
Dec. 17, 2019 Item #18 Page 82 of 99