HomeMy WebLinkAbout1995-10-04; Planning Commission; Resolution 37739, *
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- PLANNING COMMISSION RESOLUTION NO. 3773
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDINGAPPROVALOFANAMENDMENTTO
ALL SIX SEGMENTS OF THE CARLSBAD LOCAL
COASTALPROGRAMTOADDAFFORDABLEHOUSING
POLICIES DEALING WITH INCLUSIONARY HOUSING,
DENSITY BONUSES, SECOND DWELLING UNITS AND
SENIOR HOUSING ANI4 ADOPT PREVIOUSLY
APPROVED COMPANION AFFORDABLE HOUSING
ZONE CODE AMENDMENTS IMPLEMENTING
CARLSBAD’S LOCAL COASTAL PROGRAM.
CASENAME AFFORDABLE HOUSING 11 LOCAL
CASE NO: LCPA 95-01
WHEREAS, California State law requires that the Local Coastal E
General Plan, and Zoning designations for properties in the Coastal Zonc
conformance;
COASTAL PROGRAM AMENDMENT
WHERGAS, a verified application for an amendment to the Local
Program, as shown on Exhibits “LCPA 95-01-1” and “LCPA 95-01-2”, dated October
attached and incorporated herein, has been filed with the Planning Commission; ;
WHEREAS, said verified application constitutes a request for a Local
Program Amendment, as provided in Public Resources Code Section 30574 and A
of Chapter 8, Subchapter 2, Division 5.5, Title 14 of the California Code of Reg
(California Coastal Commission Administrative Regulations); and
WHEREAS, the Planning Commission did on the 4th day of Octobt:
hold a duly noticed public hearing as prescribed by law to consider the propose
Coastal Program Amendment shown on Exhibits “LCPA 95-01-1” and “LCPA 95-01-2
, October 4, 1995, attached hereto, and;
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WHEREAS, at said public hearing, upon hearing and considering all te
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and arguments, if any, of all persons desiring to be heard, said Commission consid
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1 factors relating to the Local Coastal Program Amendment,
2 WHEREAS, State Coastal Guidelines require a six week public revie\;
3 for any amendment to the Local Coastal Program.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
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B) At the end of the State mandated six week review period, starting on
1995, and ending on July 21,1995, no public comments have been r
C) Thai: based on the evidence presented at the public hearing, the Con
recommends APPROVAL of LCPA 95-01, as shown on Exhibits “LCP.
1” and “LCPA 95-01-2”, dated October 4, 1995, attached hereto and
12 ll part hereof based on the following findings:
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14 1. The proposed Local Coastal Program Amendment is consistent with all ap
policies of the City of Carlsbad Local Coastal Program in that any affordable
15 within the Coastal Zone processed pursuant to these new affordable housing
and amended regulations, shall be required to be consistent with all applica’ 16 development standards, policies and provisions. ’ 7 2. That the proposed amendment is required to maintain consistency between tl
18 General Plan, zoning code and Local Coastal Program.
19 3. The Planning Director has found that, the environmental effects of this projl
20 already been considered in conjunction with previously certified enviro
documents (Negative Declarations) and, therefore, a Notice of Prior Compli;
Findings:
21 been issued on August 23, 1995. ...
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PC RES0 NO. 3773 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, held on the 4th day of October, 1995
following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Erwin, : Noble and Savary.
NOIS: None
ABSENT: Commissioner Monroy
ABSTAIN: None
KIM V~LSHONS, Chairperson
CARLSBAD PLANNINGCOMN
ATI'EST .
MICHAEL J. H~LZMIYILER
Planning Director
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11 PC RES0 NO. 3773 /I -3-
4. RANCH10 LA COSTA
POLICY 1 -- LAND USES
EXHIBIT "LCPA 95-0 1- I"
OCTOBER 4, 1995
PAGE 3
1. Development of the properly may occur only under the provisions of the Pacific Rim
Country Club and Resort Master Pllan, and shall be subject to the r'equirements of
Policy 2 ".Agriculture/Planned Development",
2. The land uses allowed by the Master Plan shall be compatible with the City of
Carlsbad General Plan as amended and as adopted as of March 1, 1988, to provide
a combination of residential,, commlercial (including visitor serving) ;ud open space
uses.
3. Residential density permitted through the Master Plan shall not exceled that allowed by the City of Carlsbad General plan as of March 1 1988 ~mppa ;!dbwX$.&@
............................................................................................ 9 9 .................... :-i ... ::.::. .......... ..: .... ..:.. .:. .... :. .:. ........................................................... .. pogq 6 ;blowii .. ... ........................... ." ...................... : : : ................... ....................................... .................
4. All land uses and intensity of use shall be compatible with the protection of sensitive
coastal resources.
5. Land use intensity shall be consistent with that allowed by the Carlsbad Growth
Management Ordinance (Chapter 21.90, Carlsbad Municipal Code) as adopted as of
March 1, 1988 except that any increase in the total number of dwelling units
proposed in the Master Plan (2836) shall require review and approval of the Coastal
Commissiion through the LClP amendment process.
EXHIBIT "LCPA 95-01-1"
OCTOBER 4, 1995
PAGE 6 -
Lot Coverage
All buildings, including accessory buildings and structures, and all parking areas and
driveways, should not cover more t.han eighty percent (80%) of the net lot area.
EAST BATIQUITOS LAGOON/HUNT PROPERTIES
9. Master Plan Approval. The Batiquitos Lagoon Master Plan as adopted by the
Carlsbad City Council Ordinance No. 9778 is approved as the Implementing
Ordinance for this Land Use Plan. The Master Plan shall be amended to implement
the Agricultural Mitigation Fee. The amendment may be certified by the
Commission Executive Director without further Commission action. Upon
certification by the Executive Directo,r this portion of the Carlsbad Imal Coastal
Program shall be deemed certified.
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Exhibit "LCPA 95-01 -,
October 4, 199.
Exhibit "LCPA 95-01-2" includes the affordable housing ordinances (i.e., lnclusional
Housing, Density Bonus, Affordable Housing Site Development Plan Procedures) whic
will function as the implementing zoning for all six segments of the City's Local Coast'
Program.
// 0 @ Exhibit "LCPA 95-0
October 4,199
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ORDINANCE NO. NS-232
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAF'TER 21.85 TO ESTABLISH REQUIREMENTS FOR THE
RESERVATION AND AFFORDABILITY OF HOUSING UNITS
PROJECTS UNDER A CITY WIDE INCLUSIONARY HOUSING
INCLIJSIONARY HOUSING IMPACT FEE IN SPECIFIED
CIRCUMSTANCES.
APPLICANT: CITY OF CARLSBAD
FOR LOWER-INCOME HOUSEHOLDS IN RESIDENTIAL
PROGRAM AND THE PAYMENT OF AN IN-LIEU FEE OR
CASE NO: ZCA 91-6
9 WHEREAS, Government Code Section 65588(b) requires local jurisdictic
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revise their Housing Elements every five years; and
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WHEREAS, the City of Carlsbad has revised its Housing Element for the perk
13 I/ 1991 through June! 1996; and
14 WHEREAS, Government code Section 65584(a) requires localities to addre
15 Regional Share hotlsing needs for persons of all income levels in their Housing Elel
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I.7 it WHEREAS, the City's Regional Share needs are 2,509 Lower-income Unii
I8 j/ projected 6,273 total dwelling units needed over a five year period; and
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20 WHEREAS, based upon the needs analysis included within its revised H1
21 il Element, the City of Carlsbad finds that Carlsbad is experiencing a lack of hl
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(minimum good faith effort of guaranteed units) is 1125 low-income units; and 24
WHEREAS, the City of Carlsbad's lower-income Fair Share Housing ob 23
affordable to lower-income households; and
WHEREAS, the City's revised Housing Element includes objectives for the prc
26 of 1400 lower-income units (275 units in excess of the Fair Share requirement),
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a I1 the 1400 lower-income units, the City has committed to producing 350 lower-j
units through City initiated development; and
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WHEREAS, &.e remaining 1050 lower-income units would have to be provi 1
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3 WHEREAS, due to economic and market conditions, the private market has
4 produced in the past, nor is likely to produce in the future, an adequate amoun
5 housing units affordable to lower income households to meet the remaining balanc ‘ the City‘s lower-income Fair Share need (1050 units); and
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through some other :means; and
WHEREAS, continued new residential development which does not include
contribute toward the lower cost of housing for lower income households will only s
1o to further aggravate the current affordable housing shortage; and
I1 WHEREAS, new residential development which does not include nor contri
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by: reducing the supply of residential land upon which affordable housing could 1 13
housing for lower income households creates a need for affordable lower income hou
been developed, and increasing population, which creates a demand for ty1 :: 1 ommunity services [[stores, dry cleaners, gas stations), which are staffed by lower v
mployees, who create a demand for lower income housing; and 17
l8 I WHEREAS, over the next 5 years, there is an actual need (Regional Need) for :
19 ower income units out of a projected 6,273 total dwelling units needed; and
2o I WHEREAS, new market rate residential development creates a significant po
21 f this need; and
22 // WHEREAS, the 15%lower-income inclusionaryrequirement represents 1050 IC
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24 ll” come units which is less than one-half of the actual (Regional Need) need over the
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WHEREAS, the mandatory Inclusionary Housing Program was identified witli 27
residential development; and
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5 years and therefore bears a reasonable relationship to the need created by
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lpty's revised Housing Element as the best program available to the City to achieve
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lfemmaining balance of the City's Fair Share objective for lower-income units; and 2
WHEREAS, the 15% lower-income inclusionary housing requirement will ,en
4 at the remaining balance of the Citfs Fair Share objectives (lower-income) ca
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WHEREAS, based upon an assumed rate for projected residential develop] 6
chieved; and
etween 1991 and 1996, the imposition of 15% low-income inclusionary hol li -'
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8 .I equirement on future residential development is necessary to achieve the City's
hare and Regional Share objectives; and , 10
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WHEREAS, the 15% lower-income inclusionary housing requirement is nece:
12 o ensure conformance with the Housing Element of the City's General Plan; and
. 13 rotect the health, safety and welfare of its citizens; and
14 WHEREAS, City staff, in association with an Ad Hoc Committee of master pla
l5 i. -fYl residential builders and non-profit builders, prepared an economic study o
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evelopment of affordable housing within the City of Carlsbad; and
18 WHEREAS, the economic study concludes that while the proposed inclusic
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/development community, the development of housing affordable to low inc 20
ousing requirement, would create an additional economic burden on the px
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21 Ibouseholds is achievable through cooperative partnerships between the develop:
22 1 ommunity, non-profit organizations, and the City; and
23 // Whereas, the City's Housing Element identifies programs to provide tech 24
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development.
financial, and standards flexibility incentives to facilitate inclusionary hol
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The City Cour~cil of the City of Carlsbad, California does ordain as follows:
SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by
3 I, bddition of Chapter 21.85 to read as follows:
4 /I "Chapter 21.85
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Sections: 6
INCLUSIONARY HOUSING
7 21.85.010 Purpose and Intent.
21.85.020 Definitions.
21.85.040 Construction of Required Inclusionary Units.
21.85.060 Indusionary Housing Impact Fee.
21.85.070 Regulations for New Master Plans or Specific Plans (Apprc
21.85.080 Regulations for Fhdsting Master Plans and Specific P
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21.85.050 In-lieu Contributions. 9
21.85.030 Applicability of Inclusionary Housing Requirement.
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(Approved On or Before the Effective Date of 12
After the Effective Date of This Ordinance).
Ordinance).
Master Plan or Specific Plan.
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21.85.090 Regulations for Residential Subdivisions Not Subjec
21.85.120 Affordable Housing Standards.
21.85.110 Combined Inclusionaxy Housing Projects. 15
21.85.100 Regulations for Mobile Home Parks.
16 21.85.130 Incentives to Offset the Cost of Affordable Hou
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Development.
21.85.140 Preliminary Project Application and Review Process.
21.85.150 Inclusion of Affordable Housing Agreement as a Conditio
Development.
19 21.85.160 Inclusionary Housing Resale Agreement. ::l 21.85.170 Eligibility Reqiirements.
21.85.180 Management and Monitoring.
21.85.190 Collection of Fees.
21.85.200 Separability of Provisions
21.85.010. Pmse and Intent.
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d all residential subdivisions provide a range of housing opportunities for 24 iws General Plan, to ensure that all master planned and specific planned commun:
(a) It is an objective of the City, as established by the Housing Element of
'dentifiable economic segments of the population, including households of lower
oderate income. (i) It is also the policy of the City to:
(1) Require that a minimum of 15% of all approved residential units in
aster plan, specific plan, or residential subdivision be restricted to and affordabk 2 7 ower-income households;
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(2) Require that for those developments which provide 10 or more I
dable to lower-:income households, at least 10% of the lower-income units sh'
three or more :bedrooms; and
s, allow inclusionary requirements to be satisfied thrc as an alternative to requiring inclusionary units tr
(4) Require existing, unbuilt residential subdivisions and subdiv roposals with completed applications as of the effective date of this ordinance to F
nstructed on the ground.
inclusionary housing requirement. nsure the implementation of the
ed to create a mandatory duty on bc
er the Government Tort Claims Act and no cause of a(
t the City or its employees is created by this Chapter that would not i
ependently of the provisions of this Chapter.
21.85.020. Definitions.
whenever the following terms are used in this Chapter, they shall have
using for which the allowable hot not exceed a specified hction 01 income, adjusted for household size, for the following classes of hou
A. Very low-income, unassisted and assisted (State and/or Fed1
ssistedi and assisted (State and/or Federal) for-sale units: 30 percent o
oss monthly income, adjusted for household size, at 50 percent of the County me!
B. Low-income, unassisted. rental and unassisted for-sale units:
gross monthly income, adjusted for household size, at 80 percent of
C. Low-income, assisted (State and/or Federal) rental units:
gross monthly income, adjusted for household size, at 60 percent 01
D. Low-income, assisted (State and/or Federal) for-sale units:
nt of the gross monthly income, adjusted for household size, at 70 percent oj
ty median income.
(2) "Affordable housing agreement" means a legally binding agree1
per and the City to ensure that the inclusionary requirements of
ter are satisfied. The agreement establishes the number of required inclusio , the unit sizes, location, affordability tenure, terms-and conditions of affordab
(3) "Allowable housing expense" means the total monthly or an
g expenses required of a household to obtain shelter. For a for-sale unit, allow
principal, loan interest, property and mortgage insura
association dues and a reasonable allowance for utili
rental unit, alllowable housing expenses include rent, a reasonable allowanct
stablished by this section:
ounty median income.
ounty median income.
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(4) "kisisted (State and/or Federal) unit" means a dwelling unit as defi
(5) "Base residential unitstt means a number of units associated with E
specific: plan, plan phase, or individual development within a maste; ecific plan or residential subdivision ' from which are calculated the lower-incc
that master plan, specific p:
(6) "Combined inclusionary housing project" meam separate resider
ites which are linked by a contractual relationship such that some 01
the inclusionary units which are associated with one development site are prodt
t the alternative development site or sites.
(7) "Conversion" means the change of occupancy of a dwelling unit f,
(8) "Density bonus (new residential construction)" means a minixr
Yo) over either the Gm
Plan designation, as define(
maximum allowable residential den
applicable master plan or specific plan, at the time of applicatio1
(9) "Eting Master Plan or Specific Plan" means any master plar
inancial assistance" means such assistance to include but not , land costs, or construction costs,
set-aside funds or Community Development Block Grant (CDI
of other direct financial aid, such as cash transfer payment:
(11) "Growth Management Control Point" shall have the same meanin1
(12) 'Incentives" means such regulatory concessions to include but no\
lopment standards or zone c(
njunction with the residential projl
ult in an identifiable cost reductio1
means a new residential developm
h has at least fifteen percent (15%:
made affordable to lower-incc
me households, respectively, as required by this Chaptc
g unit that will be offered for r
ch shall be affordable to lower-income households,
(1 5) "hcome" means any monetary benefits that qualifies as income
ordance with the criteria and procedures used by the City of Carlsbad Housing i
the acceptance of applications and recertifications for
gram, or its successor.
(16) "Low-income household'' means those households whose gross incc
es not exceed 80 percent of the median income for: :
alIy by the U.S. Department of Housing and Url
50055 of the California Health and Safety Code.
mer-occupied to rental or vice versa.
d on or .before the effective date of this ordinance.
er monetary compensation, by the City of Carlsbad.
hapter 21.90, Section 21.90.045 of this Title.
rdable housing for lower-income households.
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(17) v'lower-income household" means low-income and very low-inc Ids, whose gross income does not exceed 80 percent of the median incomc
Diego County as determined annually by the U.S. Department of Housing and u:
(18) "Market-rate unit" means a dwelling unit where the rental rate or I
stricted either by this Chapter or by requirements imposed through o
(19) "Net developable acreage (for base residential unit calculatic number of acres of a subject property minus those lands considere
aster Plan or Specific Plan" means any master plan or spc
(21) 'Target income level" means the income standards for very low,
federal affordable housing programs.
e undevelopable, as listed in Section 21.53.230 of this Code.
er the effective date of this ordinance.
s within San Diego County as determined annually by the
epartment of Housing and Urban Development, and adjusted for family size.
(22) "Unassisted unit" means a dwelling unit regarding which no fon
ssistance has been received from a public body in the production, occupancy and u:
(23) "Very low-income household" means a household earning a 8
or less of the median income for San Diego Count
Department of Housing and Urban Development.
lusionary Housiny Reauirement.
to all residential market rate dwelling units resu
d "for-sale" projects, as well as the conversio:
(1) Nlew master plans or specific plans (approved after the effective t
sting master plans or specific plans (approved on or before
ance) with or without development entitlements (i.e., tent2
subdivisions not located within any master plan or spe
ce condominiums withh
(4) Mobile home developments; and
(5) 'Tentative maps for the conversion of apartments to air-sj
(b) Notwithstanding the foregoing, this Chapter shall not apply to the follow
(1) Tlhose residential units of a project for which building permits 1
(2) Existing residences which are altered, improved, restored, repaj
anded or extended, provided that the number of units is not increased, however,
er shall pertain to the subdivision of land for the conversion of apartments to
ction of a new residential structure which replacc
was destroyed or demolished within two years prior to
permit for the new residential structure, provided that
ber of residential units is not increased from the number of residential units of
en issued as of the effective date of this Ordinance;
eviously destroyed. or demolished residential structure;
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defined in Section 21 .w
to be in the public inte
(5) Those residential units for which, consistent with this Chapte~
rdable Housing Agreement has been approved by the City, and a deed resrric g the units as affordable for households of lower-income or mode
'(a) For the following classes of residential projects or permits, for whick
hall be satisfied thrc
(1) Any residential project (i.e.; tentative map, tentative map fol
space condominiums, site development plan, planned
rmit, residential mobile home park permit or condit
dwelling units, for which the application for said pr
the effective date of this ordinance. Projects of s
been approved prior to the effective date ot
(2) Any residential tentative map revision, including a tentative
to air-space condominiums, of seven (?
cation is deemed complete on or aftex
(3) Any residential tentative map of seven (7) or more dwelling unit!
(4) Any residential planned unit development, site development 1 park permit or redevelopment permi
original project application was de€
of this ordinance, and is subsequc
ved for amendment after the effective date of this Ordinance.
n of the hal decision making auth
alternative to the construction of
onary units is acceptable, which shall'be required to be processed throug
Section 21.85.150 of this Chapter. nary units that are required to be
(New Master/Specific Plans), Set
n 21.85.090 (Residential Subdivisic
Section 21.85.100 (Mobile Home Parks), fractional units that result from
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treated as a whole inclusior
unded up to the next larger integer) and
(2) The fractional inclusionary unit shall not be included in the numb€ otherwise required to be built pursuant to the provisions of these sections, but
pay to the City, within 90 calendar days of the hearing date gran
quested discretionary permits, an amount of money equal to the frac the average subsidy needed to make a€fordable to a lower-income household
priate, one newly-constructed typical attached housing unit, as set forth in Sec
the provisions of these sections, or
1.85.050 (b) of this Chapter.
21.85.050. In-lieu Contributions.
sidential projects or permits, for which
er the effective date of this Ordinance,
g requirement for lower-income households may be met by
residential project (i.e.; tentative map, tentative map for nts to air-space condominiums, parcel map, planned
pment plan, conditional use permit, residential mobile home 1
6) dwelling units or less, for which
effective date of this Ordinance.
p or parcel map revision, includir
the conversion of apartments to air-space condominiums, o , for which the application is deemed complete on or after
map of six (6) dwelling u
e on or after the effective 4
ently approved for extension after the effective dat
nt, site development p
r redevelopment pennil
ation is deemed complete on or a
e, and is subsequently approved for amendment a
6 (six) or fewer new mobile home pads in a mo
whic:h the application is deemed complete on or after the effective (
t-rate dwelling unit shall be
make affordable to a lower-income household
-housing unit. This subsidy shall be based upon
subsidy that would be required to make afford.
two-bath for-sale units and t
om/two-bath rental units, each with an assul
(c) The dollar amount and method of payment of the in-lieu fees shall be fi
schedule adopted, from time to time, by resolution of the City Council. Said
be assessed agsht the market rate units/pads of a development.
of an in-lieu fee or other in-lieu contributions.
ffective date of this Ordinance.
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(d) All in-lieu fees collected hereunder shall be deposited in a Housing Trust F 1
providing funding assistance for the provision of affordable housing and reasonable t
Said fund shall be administered by the City and shall be used only for the purpo!
2 of administration consistent with the policies and programs contained in the HOI
3 Element of the General Plan.
(e) At the discretion of the City Council, an irrevocable dedication of lan
required in-lieu fee may be accepted in-lieu of providing the required affordable hot
5 units or in-lieu fees. The valuation of any land offered in-lieu shall be determined t
appraisal made by an agent mutually agreed upon by the City and the developer. ( 6 associated with the appraisal shall be borne by the developer.
4 other non-monetary contribution of a value not less than the sum of the other
7 (f) Where an applicanVdeve1oper is authorized to pay a fee in-lieu of develop1
of affordable housing units, approval of qualifving parcel maps, tentative maps,
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be conditioned upon a requirement to pay the in-lieu fee in an amount establishe 9 redevelopment permits or conditional use permits listed in subsection 21.85.050(a) !
development plans, planned unit developments, residential mobile home park pen
10 resolution of the City Council in effect at the time of payment.
(g) As an alternative to paying required in-lieu fee(s), inclusionary hoc
11 requirements may be satisfied either through a combined inclusionary housing prc
pursuant to Section 2l.SS.110 of this Chapter or new construction of reqt
12 inclusionary units, pursuant to Section 21.85.040 of this Chapter.
13 21.85.060. Inclusionarv Housinn ImDact Fee.
14 (a) For the following classes of residential projects, for which the applicatic
deemed complete before the effective date of this Ordinance, the inclusionary hou
15 requirement for lowfer-income households may be met by the payment to the City c
inclusionary housing impact fee.
16 (1) Residential projects, of any size, establishing individual lots or dwe: units (i.e.: parcel maps, tentative maps, tentative maps for the conversion of aparm I'i' to air-space condominiums, site development plans, planned unit developme
18 conditional use permits, residential mobile home park permits, and redevelopn
permits), for which the application was accepted and deemed complete or approved 1
19 to the effective date of this Ordinance.
(2) Single family residential projects, (i.e.: parcel maps and tentative m,
20 of any size, for which all discretionary approvals, except site development plans, F
granted on or before the effective date of this Ordinance and site development plm 21 subsequently required as a condition of the prior approval and are approved after
22 effective date of this Ordinance.
(3) Any residential tentative map or pircel map revision, includir
2 3 tentative map revision for the conversion of apartments to air-space condominiums, of
size, for which the application was deemed complete prior to the effective date of 24 ordinance and is approved on, before or after the effective date of this Ordinance.
(4) Any residential tentative map or parcel map for which the applica 25 was deemed complete before the effective date of this Ordinance, which was apprc
26 on, before or after thle effective date of this Ordinance, and is subsequently approved
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extension on, before, or after the effective date of this Ordinance.
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(5) Any residential planned unit development, site development PI; 1
which the application. was deemed complete before the effective date of this ordinan conditional use permit, residential mobile home park permit or redevelopment pennit,
2 which was approved on, before, or after the effective date of this Ordinance, and
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subsequently approved for amendment on, before, or after the effective date of t
(b) Those residential projects which were approved on or before the effective d Ordinance.
of this Ordinance, and for which a condition of approval was to pay inclusionaxy in-b 5 fees shall instead pay a housing impact fee, in accordance with this Section.
15 percent of the subsidy needed to make affordable to a lower-income household 1 ' (c) The housing impact fee to be paid for each market-rate dwelling unit shall
market-rate rent at a typical existing apartment for a period of 30 years. This subs 7 shall be based upon the City's determination of the average subsidy that would
8 required to make affordable rents for typical one-, two-, three-, and four-bedro
apartments. The average subsidy shall be weighted for the actual demand for housi 9 by number of bedrooms, as determined by the applications for lower-income afforda
1o housing qualified and approved by the City.
(d) The dollar amount of the inclusionary housing impact fee shall be fixed b
11 schedule adopted, from time to time, by resolution of the City Council. Said fee shall
assessed against the rnarket rate units of a development.
12 (e) The inclusionary housing impact fee shall be paid, as an individual fee, 01
er market-rate dwelling unit basis at the time of building permit issuance, or prior to 1 l3
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:ecordation of final ntap and/or issuance of certificate of compliance for conversions
(f') All housin;g impact fees collected hereunder shall be deposited iri a Housi
15 Trust Fund. Said fund shall be administered by the City and shall be used only for 1
purpose of providing funding assistance for the provision of affordable housing 2
16 reasonable costs of atjministration consistent with the policies and programs contah
in the Housing Element of the General Plan. 17
18 21.85.070. Redations for New Master Plans or Specific Plans. (Approved af
19 (a) This Chapter requires the following:
existing apartments to airspace condominiums.
the effective date of this Ordinance.)
2o b (1) Not less than fifteen percent (15%) of all base residential units in 8
ew master plan or specific plan shall be set aside for occupancy by and shall
21 (b) For those developments which are required to provide ten or more ur
22 shall have three or mlore bedrooms.
affordable to lower income households, at least ten percent of the lower income UT
23 (c) The inclusjionaxy housing requirement for lower-income households in a n
master plan or new specific plan may not be met by the payment to the City of an in-L 24 fee, other in-lieu contributions or inclusionary housing impact fee, with the exception tl
25 any resulting fractional inclusionary unit may be satisfied through the payment of a fi
as set forth in Section 21.85.040(c) of this Chapter.
26 (d) All new master plans and specific plans are required by this Chapter to prov
an Inclusionary Housing Plan within the master plan or specific plan document. T 27 Inclusionary Housing Plan will include appropriate text, maps, tables, or figures
establish the basic framework for implementing the requirements of this Chapter. It sk
affordable to lower-income households.
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a minimum, but not be limited to, the following:
(1) The total number of base residential units of the master plan or spec
(2) The number of required inclusionary units for lower-income houseb
(3) The designated sites for the location of the inclusionary units, incluc
t limited to any sites for locating off-site inclusionary housing projects or comb
ver the entire master plan or specific plan;
using projects;
(4) A phasing schedule for production of inclusionary units; and
(5) A general provision stipulating that an Affordable Housing Agreer
e made a condition of all future discretionary permits for development within
ter or Specific Plan area (i.e. tentative maps, parcel maps, planned unit developml
site development plans). The provision shall establish that all relevant terms
ons of any Affordable Housing Agreement shall be fled and recorded as a c
on on those individual lots or units of a project which are designated for
of inclusionary units. The Affordable Housing Agreement shall be consistent 1
21.85.150 of this Chapter. (6) The location and phasing of inclusionary dwelling units mal
a minor amendment to the Master Plan pursuant to Section 21.38.120 of
(e) For the purpose of determining the number of required lower-inc
units in new master plans and specific plans, the following standards !
(1) The number of required lower-income inclusionary units shal
by the following formula:
Lower-Income Inclusionary units = "base" x 0.15.
(f) The base for a .new master plan or specific plan is determined by multipk
evelopable acreage of the project site times the growth management cor
the project site's applicable general plan designation(s). If in the cours
a new master plan or specific plan, the fhal decision making authority oi
s that the base residential yield of the new master plan or specific :
achieved, then the base shall be equal to the maximum number of t
proved by the final decision making authority of the City. If a density-bc
quently becomes awarded, the increased density is not included in the '
determining thle number of required inclusionary units relative to the base prc
21.85.080. Redations for Existinn Master Plans and Specific Plans. (Appn or before the effective date of this Ordinance.)
(a) This Chapter requires the following:
(1) Not less than fifteen percent (15%) of all base residential units in
aster plan, or specific plan shall be set aside for occupancy by and shal
(b) For those developments which are required to provide ten or more t dable to lower-income households, at least ten percent of the lower-income t
have three or more bedrooms.
rdable to lower-income households.
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(c) All existing master plans or specific plans proposed for major amendmt
tion 2!1.38.120 of this Code, shall incorporate into the amended ma! consistent with Sect
or pennits within an existing master plan or specific plan may sat
ing requirement for lower-income households through the pap
(e) Consistent with Section 21.85.060 of this Chapter, certain classes of projc
xisting master plan or specific plan may satisfy their inclusion
ugh the payment of an inclusionary housing impact fee.
(f) For the purpose of determining the number of required lower-incc
clusionary units in an existing master plan or specific plan, the following standards s
(1) The number of required lower-income inclusionary units shall
o the City of an in-lieu fee or other in-lieu contributions.
Lower-Income Inclusionary units = "base" x 0.15.
(g) The base for an existing master plan or existing specific plan shall be ec
the sum of the nvarcimum number of dwelling units permitted under that exis1 hases or individual developments within the exis1
ity bonus is or subsequently becomes awarded,
base when determining the number of requi
ect yield. The base for existing master plar
not be less than the maximum numbe
evelopment in the existing master plar
development phases of an existing ma
issued, on or before the effective (
units approved in a master I , the number of dwelling u
therwise determined
p (which establishes individ
ential lots or dwelling units) for any phase or individual development area c
before the effective date of
received and deemed comp
this ordinance, and the nun
the number of dwel:
that phase or indivic
(3) For any phase or individual development area of a master plan
s individual residential lot:
d, before the effective datc
number of dwelling u
e or individual developm
lopment area of a ma:
City determines that
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(h) An Affordable Housing Agreement shall be made a condition of dl fu:
Chapter requires the following:
(1) Not less than fifteen percent (15%) of all base residential units in
sidential subdivision shall be set aside for occupancy by and shall be affordable
(c) Consistent with Section 21.85.060 of this Chapter, certain resider
bdivisions may satisfy their inclusionary housing requirement through the paymen’
(1) The number of required lower-income inclusionary units shall
btained by the following formula:
Lower-Income Inclusionary units = “base” x 0.15.
(e) For those developments which‘ are required to provide ten or more u
e project site’s applicable general plan designation(s). If in the course of reviewin
approved on the residential subdivision.
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(h) An Affordable Housing Agreement shall be made a condition of 1 discretionary permits for development of the residential subdivision (i.e. tentative mz
2 arcel maps, planned unit developments and site development plans). The relevant te:
and conditions of the Affordable Housing Agreement shall be filed and recorded as a d estriction on those individual lots or units of a project which are designated for
ocation of inclusionary units. The Affordable Housing Agreement shall be consist
4 'th Section 21.85.150 of this Chapter.
21.85.100. Realations for Mobile Home Parks.
(a) This Chapter requires the following: 6 (1) Not less than fifteen percent (15%) of all base mobile home coac
7 @or pads in any mobile home park shall be set aside for occupancy by and shall
8 (b) The development of (6) six or fewer new mobile home pads in a mobile hc ark may meet their inclusionary housing requirement for lower-income households 9 e payment to the City of an in-lieu fee or other in-lieu contributions, consistent M
ordable to lower-income households.
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3. ections (c) 21.85.040 For the and purpose 21.85.050 of determining of this Chapter. the number of required lower-incc
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btained by the following formula: 12
clusionary units the following standards shall apply:
(1) The .number of required lower-income inclusionary units shall
Lower-Income Inclusionary units = '%base" x 0.15.
(d) For those developments which are required to provide ten or more u
ordable to lower-income households, at least ten percent of the lower-income u l4 hall have three or more bedrooms.
15 (e) The base for a mobile home development is determined by multiplying the
evelopable acreage of the project site times the growth management control point(s)
16 e project site's appllicable general plan designation(s). H in the course of reviewin
obile home project, the final decision making authority of the City determines that 17 ase residential yield of the project site cannot be achieved, then the base shall be eq
18 o the maximum number of units actually approved by the hal decision making autho
f the City. If a density bonus is or subsequently becomes awarded, the increased den
19 's not included in the base when determining the number of required inclusionary u
elative to the base project yield. 2o 1 cretionary permits for development of the mobile home park (i.e. tentative ma 21 esidential mobile home park pennits, or conditional use permits). The relevant terms ;
22 conditions of the Affordable Housing Agreement shall be filed and recorded as a dc
estriction on those individual pads or units of a project which are designated for
Section 21.85.150 of this Chapter.
2 3 location of inclusionary units. The Affordable Housing Agreement shall be consistent H
(f) An Affordable Housing Agreement shall be made a condition of
25 21.85.1 10. Combined Inclusionaw Housing Proiects.
Circumstances may arise from time to time in which the public interest would
26 served by allowing some or all of the inclusionary units associated with one residen
project site to be prodluced and operated at an alternative site or sites. Where the pari 27 in interest to the sites and the City fonn an agreement to such an effect, the result
28 linked project sites shall be considered to be a single combined inclusionary hous
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tive of the final decision making authority of the
the public interest to authorize the residential form a combined inclusionary housing project.
form a combined inclusionary housing prc
eement (Section 21.85.150 of this Code) requ
21.85.120. Affordable Housing Standards.
(a) Notwithstanding a developeis request to process a residential project u:
(Residential Density Bonus) of this Code, all residential projects are sui
tisfy the inclusionary housing requirements of this Chapter.
(b) The required inclusionary units shall be constructed concurrent with ma
s both the final decision making authority of the City and developer a,
rdable Housing Agreement to an alternative schedule for developme
(c) Inclusionary rental units shall remain restricted and affordable to
me group for the useful life of the project or housing unit, assuming 8
aintain the project or housing unit and rehabilitate it as necessary,
(d) After the initial sale of the inclusionary for-sale units to the designated incc
for-sale units -shall remain affordable for their useful life; c
t: a market price to other than targeted households, the sale s -e of the City's financial interest in the units, for use in assisting o
(e) 1nclusiona-y units should be built on-site and whenever reasonably possI
(f) In certain. cases where a combined inclusionary housing project is propo:
lusionary units may be provided on a site separate from the site of the market-:
of the inclusionary units is, limited to sites within the same 1
are located or sites which are contiguous to
market rate units are proposed. Where the required inclusiot
a master or specific plan area, the first priority for location of
rnative site is within the same master or specific plan, followed by the same L.
Zone. In the event that a Local Facilities Management Z
the required inclusionary units shall be located within the si
the market-rate units are located.
(g) Inc1usioh;lry units restricted for lower-income households should be loa
ty to or will provide access to employment opportuni~
ds or other transportation and commuter rail facilities (
of the final decision making authority of the City,
e both the size and amenities of the inclusionary u
the requirements of the applicable building and how
nary units shall be reasonably consistent or compat
ct development in terms of appearance, materials
shall provide a mix of affordable dwelling units
e to affordable housing demand priorities of the C
e distributed throughout the project site.
are compatible with adjacent land uses.
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cj> NO building permit shall be issued, nor any development approval granted ment which does not meet the requirements of this chapter. No inclusion
except in accordance with this chapter.
21.85.130. Incentives to Offset the Cost of Affordable Housing Developmen1 -
The inclusionq housing regulations established by this Chapter are a portior
evelopments in the City of Carlsbad. The City shall in g(
ider making available to the development industry incentives or finan
to enable residential projects to provide affordable housing to lower-incc
s. Incentives or financial assistance will be offered by the City to the ea
es for this purpose are available to the City and approved for such use by
Council, and to the extent that the residential projects, with the use of incentive:
cial assistance, assists in achieving the City's housing goals. To the degree that
makes available programs to provide incentives or financial assistance to
industry, developers may make application for such incentives or assistar
ever, nothing in this Chapter establishes, directly or through implication, a right
to receive any assistance or incentive from the City or any other party ble hirher to meet the obligations established by this Chapter. Projc
entitled to density bonuses and/or other incentives in accordance with provision!
provisions of Chapter 21.86. of this code. Any incenti
final. decision making authority of the City and the allowable how
es established by the hal decision making authority of the City shall be set
the Affordable Housing Agreement pursuant to Section 21.85.150. Furthemt
velopers are encouraged to utilize local, state or federal assistance, when available, ility standards set forth in Section 21.85..020 (1).
requirements which must be met by parties wishing City approvals for
21.85.140. Preliminary Proiect ADplication and Review Process.
(a) An applicant/developer proposing an inclusionary housing project, shall sub
lication to the Planning Director prior to the submittal of any fon
housing development. The preliminary application shall include
(1) A brief description of the proposal including the number
(12) The Zoning, General Plan designations and assessors par
(3) A site plan, drawn to scale, which includes: building footprh
ayout, building elevations, existing contours and proposed gradi
(14) A letter identifying what specific incentives (i.e.; standa
or fee subsidies) are being requested of the City. Justificat
days of receipt of the preliminary application by the Plam
requesting incentives or financial assistance, or ninety days
tives or financial incentives, the department shall provide to
tter which identifies project issues of concern, the incenti
e that the Planning Director can support when makin1
clusionary units proposed;
(s) of the project site;
est should also be included.
endation to the final decision-making authority, and the procedures
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'also be provided with a copy of
of the California Codes to w:
s a Condifior
the Planning Director and Dire
Redevelopment, who shall formulate a recommendation and refer
as a deed restriction on those individual lots or units of a property which
d for the location of affordable unit. The apprwal and recordation shall i
t being processed, prior to rdable Housing Agreen
(b) An Affordable Housing Agreement, for which the inclusionary hou!
(1) The number of inclusionary dwelling units proposed;
(2) The unit size(s) (square footage) of the inclusionary units and
(3) The proposed location of the inclusionary units;
(4) Tenure of affordability for inclusionary units (30 year minimum),
(5) Schedule for production of dwelling units;
er of bedroom per inclusionary dwelling unit;
taining units for affordable inclusionary dwelling units;
the initial sale of
difications granted by the City.
(c) An Affordable Housing Agreement, for which the inclusionary hous
ement will be satisfied through payment to the City of any in-lieu contributi
dedication) shall be required to include the followi
chedule and value of total in-lieu contributions; an(
(2) A determination of otherwise required per market-rate dwelling 1
schedule in effect at the time of payment.
Agreement will not be required for projects which
using requirement through payment to the City ok
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21.85.160. Inclusionarv Housinn Resale Agreement. All buyers of for-sale inclusionary units shall enter into an Inclusionary H(
Resde Agreement with the City's Housing Authority prior to purchasing the u
property. The Resale Agreement shall specify that the title to the subject unit or prl
may not be transferred without prior approval of the City's Housing Authority.
21.85.1 70. Eli~bility Reauirements.
Only households meeting the standards for designated lower income grol
defined in Section 21.85.020 shall be eligible to occupy inclusionary units.
21.85.180. Management and Monitoring.
(a) Inclusionary rental units shall be manageQoperated by the owner of thc
or his or her agent. Each owner of inclusionary rental units shall submit an annual
' to the City, at the end of the previous calendar year, identifying which uni
inclusionary units, the monthly rent, vacancy information for each inclusionary rent;
for the prior year, monthly income for tenants of each inclusionary rental unit throc
the prior year, and other information as required by the City, while ensuring the p
of the tenant.
21.85.190. Collection of fees.
All fees collected under this Chapter shall be deposited into a Housing Trusl
and shall be expended only for the affordable housing needs of lower-income house and reasonable costs .of administration consistent with the purpose of this Chapter
21.85.200. SeDarability of Provisions.
If any provision of this chapter or the application thereof to, any pers
circumstances is held invalid, the remainder of the chapter and the application 1
provision to other persons not similarly situated or to other circumstances shall I
affected thereby.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adc
and the City Clerk shall certify to the adoption of this ordinance and cause it
published at least mce in the Carlsbad Sun within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City C
on the 13th day of A~ril , 19s and thereafter.
...
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/I IO 0 I1 11 PASSED AND ADOPTED at a regular meeting of the City Council of the Cil
1
arlsbad on the 20th day of APRIL , 19 93 , by the following vote, to wit: i: AYES: Council Members Lewis, Stanton, Kulchin
NOES: None
5 ABSENT: Council Members. Nygaard, Finnila
6 PROVED AS TO FORM AND LEGALITY
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RONALD R BALL, City Attorney 9 La L
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ORDINANCE NO, NS-233
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE
21 OF THE CARLSBAD MUNICIPAL CODE BY THE
ADDITION OF CHAPTER 21.86 TO ESTABLISH
REQUIREMENTS FOR THE RESERVATION AND
AFFORDABILITY OF HOUSING UNITS FOR LOWER-
INCOME AND MODERATE-INCOME HOUSEHOLDS AND SENIOR CITIZENS IN RESIDENTIAL PROJECTS
UNDER A CITY WIDE DENSITY BONUS PROGRAM. APPLICANT: CITY OF CARLSBAD
CASE NO: ZCA 91-05
WHEREAS, the California Government Code Section 65915 permi
10 developer of a residential project of five (5) or more units on a specific site to request
11 the project be granted. either a minimum 25% density bonus and at least one additic
12 incentive or concession, or incentives of equivalent financial value for the purpos4
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providing affordable: housing for very low-income or low-income households or
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qualifymg (senior) residents; and
WHEREAS, the California Government Code Section 65915.5 permi
I.7 11 developer proposing to convert apartments to condominiums, to request that the prc
l8 i be granted a minimum 25% density bonus or other incentives of equivalent financial va
19 1 lower or moderate-income households; and 2o
I in exchange for reserving a specific percentage of the converted condominium units
21 il WHEREAS, the California Government Code Sections 65915 and 659
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and 65915.5. 27
Plan to prepare an Ordinance which implements State Government Code Sections 65 26
WHEREAS, it is a program of the Housing Element of the City’s Genc
require that local jurisdictions adopt an ordinance which establishes the procedure
implementing the density bonus/incentive program;
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The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by
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3 addition of Chapter 21.86 to read as follows:
4 11 "Chapter 21.86
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RESIDENTIAL DENSITY BONUS OR IN-LIEU INCENTIVES
Sections:
21.86.010 Purpose and Intent
21.86.020 Definitions
21.86.030 Regulations for New Residential Construction
21.86.040 Regulations for Condominium Conversions
21.86.050 Combined Density Bonus Housing Projects
21.86.060 Density Bonus, Equivalent In-lieu Incentives, and Additional
21.86.070 Density Bonus Housing Standards
21.86.080 Expiration of Affordability Tenure
21.86.090 Density Bonus or In-lieu Incentive Application and Review Pro(
21.86.100 Inclusion of Density Bonus Housing Agreement as a Conditio,
21.86.110 Density Bonus Resale Agreement
21.86.120 Eligibility Requirements
21.86.130 Management and Monitoring
21.86.140 Administrative Fee for Target Dwelling Units
21.86.150 Separability of Provisions
21.86.010. Purpose and Intent.
The public good is served when there exists in a city, housing which is appropr
for the needs of and affordable to all members of the public who reside within that
Among other needs, there is in Carlsbad a need for housing affordable to lower-incc
households and senior citizens. Therefore, it is in the public interest for the Cit-
promote the construction of such additional housing through the exercise of its powers
the utilization of its resources.
(a) It is the purpose of this Chapter to provide incentives to developers for
production of housing affordable to lower-income households, moderate-incc
households and senior citizens.
(b) It is the purpose of this Chapter to implement the goals, objectives,
policies of the Housing Element of the City's General Plan.
(c) It is the purpose of this Chapter to implement Sections 65915 - 65917, of
California Government Code.
(d) Nothing in this chapter is intended to create a mandatory duty on behalf of
City or its employees under the Government Tort Claims Act and no cause of ac , against the City or its employees is created by this chapter that would not a
Incentives
Development
independently of the provisions of this chapter.
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21.86.020. Definitions. 1 Whenever the following terms are used in this Chapter, they shall have the meal
2 (1) "Additional incentive(s)" means any incentive(s) that is offerec
3 addition to the twenty-five percent (25%) density bonus. . (2) "Affordable housing (Density Bonus)" means housing for which
4 allowable housing expenses paid by a qualifylng household shall not exceed a speci
fraction of the gross monthly income, adjusted for household size, for the following cla 5 of housing:
A. Very low-income, rental and for-sale units: 30 percent of 6 gross monthly income, adjusted for household size, at 50 percent of the County me1
7 income. B. Low-income, rental units: 30 percent of the gross mor
8 income, adjusted for household size, at 60 percent of the County median income. C. Low-income, for-sale units: 30 percent of the gross mon 9 income, adjusted for household size, at 70 percent of the County median income. D. Moderate-income, for-sale units: 35 percent of the g lo monthly income, adjusted for household size, at 110 percent of the County median inca
recurring expenses required of a household to obtain shelter. For a for-sale unit, allow;
12 housing expenses include loan principal, loan interest, property and mortgage insura
property taxes, home owners association dues and a reasonable allowance for utilities. l3 a rental unit, allowable housing expenses include rent, and a reasonable allowance
14 utilities.
(4) "Combined density bonus housing project" means separate resider
15 development sites which are linked by a contractual relationship such that some or a1
the target dwelling units and/or density bonus dwelling units which are associated \ 16 one development site are produced and operated at an alternative development sitr
17 sites.
(5) "Conversion" means the change of occupancy of a dwelling unit f:
18 owner-occupied to rental or vice versa.
(6) "Density bonus (condominium conversions)" means a minimum incrc
19 of at least twenty-five percent (25%) over the number of apartments within the exis
20 structure or structures proposed for conversion.
(7) "Density Bonus (new residential construction)" means a minimum den
21 increase of at least twenty-five percent (25%) over either the Growth Managen Control Point of the applicable General Plan designation, as defined in Section 21.90.
22 of this Title, or the otherwise maximum allowable residential density as specified by
applicable master plan or specific plan, at the time of application. 23 (8) "Density bonus dwelling units'' means those residential units grar
pursuant to the provisions of this Chapter which are above the maximum allow: .24 residential yield of the project site.
25 (9) "Density Bonus Housing Agreement" means a legally binding agreem
between a developer and the City to ensure that the density bonus requirements of
26 Chapter are satisfied. The agreement establishes the number of target dwelling units
density bonus dwelling units, the unit sizes, location, affordability tenure, terms 27 conditions of affordaibility and unit production schedule.
established by this section:
11 (3) "Allowable Housing Expense" means the total monthly or am
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(10) "Growth Management Control Point" shall have the same meanin
(11) "Housing Development'' means a new residential developmen
conversion Of existing residential building(s) of five (5) or more residential dwelling t
equivalent financial value based upon the land cost per dwelling unit(s), that are off
4 in-lieu of the twenty-five percent (25%) density bonus and additional incentive.
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conjunction with the housing project, or any other regulatory incentive which would r( ' development standards or zone code requirements, approval of mixed use zonin Government Code Section 65915(h), to include, but not be limited to the reduction of 5 (13) "Incentives" means such regulatory concessions as stipulated in S
households and qualifying residents.
in identifiable cost reductions to enable the provision of housing for lower-inc
8 (14) "Income" means any monetary benefits that is determined as incon
accordance with the criteria and procedures used by the City of Carlsbad Housing 9 Redevelopment Department for the acceptance of applications and recertifications fo
10 Section 8 Rental Assistance Program, or its successor.
(15) "Low-income Household" means those households whose gross inc
11 is more than 50 percent but does not exceed 80 percent of the median income for
Diego County as determined annually by the US. Department of Housing and UI 12 Development. (16) "Lower-income Household" means low-income and very low-ino I.3 households, whose gross income does not to exceed 80 percent of the area median incc
14 (17) "Market-rate Unit" means a dwelling unit where the rental rate or s
price is not restricted either by this Chapter or by requirements imposed through o
15 local, state, or federal affordable housing programs.
(18) "Maximum allowable residential yield" means the maximum nun 16 of residential units permitted on the project site, which number of units is calculatel
multiplying the net developable acreage of the project site times the growth manager I.7 control point(s) for the project site's applicable residential General Plan designation
18 (19) "Moderate-income Household" means those households whose g
income is more than 80 percent but does not exceed 120 percent of the median incc
19 for San Diego County as determined annually by the US. Department of Housing
Urban Development.
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Chapter 21.90, Section 21.90.045 of this Title.
3 (12) %-lieu Incentives" means incentives offered by the City, which a]
20 (20) "Partial Density Bonus" means a density bonus less than twenty
21 p ercent (25%).
(21) "Qualifying Resident" means a resident as defined in Section 51.
22 the California Civil Code.
rent or sale exclusivlely to and which shall be affordable to the designated income g~ 23
(22) "Target Dwelling Unit" means a dwelling unit that will be offerec
Department of Housing and Urban Development, and adjusted for family size.
and moderate-income levels within San Diego County as determined annually by the 1 25
(23.) 'Target Income Level" means the income standards for very low, 24 or qualified (senior) resident, as required by this Chapter.
26 (24) "'Very Low-income Household" means a household earning a g
income equal to 501 percent or less of the median income for San Diego Count: 27 determined annually by the US. Department of Housing and Urban Development.
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21.86.030. R.egulations for New Residential Construction.
(a) The City shall grant either: a density bonus and at least one additi incentive, as set forth in Section 21.86.06O(c), or in-lieu incentives of equivalent fins:
value, as set forth in Section 21.86.060(c) to an applicant or developer of a hot
development of at least five (5) units, who agrees to construct the following:
(1) A minimum of twenty percent (20%) of the total units of the hou
development as restricted and affordable to low-income households, or
(2) A minimum of ten percent (10%) of the total units of the hou
development as restricted and affordable to very low income households; or
(3) A minimum of fifty percent (50%) of the total units of the hoc
development as restricted to qualified (senior) residents.
(b) In determining the number of density bonus dwelling units to be gra
pursuant to the standards of this Section, the maximum allowable residential yield fol
site, shall be multiplied by 0.25. Any resulting decimal fraction shall be rounded tc
next larger integer.
(c) In determining the number of target dwelling units to be reserved pursuar
the standards of this Section, the maximum allowable residential yield shall be multir
by either 0.10, 0.20 or 0.50, for very low-income households, low-income household
qualified residents, respectively. The density bonus shall not be included when detenni
the number of housing units which is equal to ten percent (lo%), twenty percent (2( or fifty percent (50%) of the total units of the housing development. Any resu:
decimal fraction shall be rounded to the next larger integer.
(d) In cases where a density increase of less than twenty-five percent (259
requested, no reduction will be allowed in the number of target dwelling units requi,
(e) In cases where a density increase of more than twenty-five percent (25%
requested, the requested density increase is an additional density bonus and shall
considered an additional incentive, in accordance to Section 21.86.060(c) of this Char
The final decision making authority of the City may at its discretion grant an additic
density bonus if a written finding is made by the final decision making authority of the
that the additional density bonus is required in order for allowable housing expenses tc
set as affordable. The City in granting an additional density bonus may require s(
portion of the additional density bonus to be designated as target dwelling units.
(f) In cases where the developer agrees to construct both twenty percent (21
of the total units for low-income households and ten percent (10%) of the total units
very low-income households, the developer is entitled to only one density bonus anc
least one additional incentive.
(8) A Density Bonus Housing Agreement shall be made a condition of
discretionary permits (i.e.; tentative maps, parcel maps, planned unit developme
condominium permits, site development plans and redevelopment permits) for all hou:
developments that request a density bonus and additional incentives or in-lieu incenti
The relevant terms and conditions of the Density Bonus Housing Agreement shall be f
and recorded as a deed restriction on those individual lots or units of a prc
development which are designated for the location of target dwelling units. The Den
Bonus Housing Agreement shall be consistent with Section 21.86.100 of this Chapte
21 $6.040. Regulations - for Condominium Conversions.
(a) The City shall grant either: a density bonus, or in-lieu incentives of'equiva
financial value, as set forth in Section 21.86.060(c), to an applicant or developer propo:
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to convert apartments to condominiums, and who agrees to provide the following:
housing development as restricted and affordable to low-income or moderate-inc
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(b) An applicant/developer proposing to convert apartments to condominiums ! 4
(2) A minimum of fifteen percent (15%) of the total units of the hou 3
(1) H minimum of thirty-three percent (33%) of the total units of
2 households; or
development as restricted and affordable to lower-income households.
be ineligible for a density bonus or in-lieu incentives under this Section if the apartm 5
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proposed for conversion constitute a housing development for which a density bonc
in-lieu incentives were previously provided under this Chapter,
or moderate-income households or lower-income households, respectively. The del lo or structures proposed for conversion shall be multiplied by either 0.33 or 0.15, for
the standards of this Section, the number of existing apartment units within the struc 9 (d) In determining the number of target dwelling units to be reserved pursua1
resulting decimal fraction shall be rounded to the next larger integer. 8
the structure or structures proposed for conversion shall be multiplied by 0.25.
pursuant to the standards of this Section, the number of existing apartment units w1 7
(c) In determining the number of density bonus dwelling units to be gra
11 bonus shall not be included when determining the number of housing units which is e
to thirty-three percent (33%) or fifteen percent (15%) of the total units of the hou
12 development. Any resulting decimal fraction shall be rounded to the next larger inte
(e) In cases where a density increase of less than twenty-five percent (25% I.3 requested, no reduction will be allowed in the number of target dwelling units requil
14 (f) A Densmty Bonus Housing Agreement shall be made a condition of
discretionary permits (tentative maps, parcel maps, planned unit developments
15 condominium permits) for all condominium conversion proposals that request a de1
bonus or in-lieu incentives. The relevant terms and conditions of the Density Bc 16 Housing Agreement shall be filed and recorded as a deed restriction on those indivic lots or units of a project development which are designated for the location of tal I' dwelling units. The Density Bonus Housing Agreement shall be consistent with Sec
18 21.86.100 of this Chapter.
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I 21.86.050. Combined Densitv Bonus Housinv Proiects.
Circumstances may arise from time to time in which the public interest woulc
served by allowing some or all of the density bonus and/or target dwelling units associi
with one residential project site to be produced and operated at an alternative sit1
sites. Where the parties in interest to the sites and the City form an agreement to s
an effect, the resulting linked project sites shall be considered to be a single combi:
~ density bonus housing project.
It is the exclusive prerogative of the final decision making authority of
City to determine whether or not it is in the public interest to authorize the resider
sites to form a combined density bonus housing project.
All agreements between parties to form a combined density bonus hou!
project shall be made a part of the Density Bonus Housing Agreement (Section 21.86.
of this Code) required for the sites.
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21.86-060. Density Bonus. Eauivalent In-lieu Incentives. and Additional Incentj
(a) Upon application by a developer, pursuant to Section 21.86.030, the j decision-making autlhority of the City shall grant either: a density bonus and at least
additional incentive or in-lieu incentives of equivalent financial value to qualified lo\ income or senior housing developments.
(b) Upon appiication by a developer, pursuant to Section 21.86.040, the f decision-making authority of the City shall grant either: a density bonus or in-
incentives of equivalent financial value to qualified lower-income and/or moderate-incc
housing developments.
(c) Additional incentives or in-lieu incentives, as defined in SecliQns 21&j,Q2J
and (12) respectively, may include, but are not limited to, the following:
(1) A reduction in site development standards or a modification of zo.
code requirements or architectural design requirements which exceed the minin
building standards approved by the State Building Standards Commission as provide
Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety CI
including, but not limited to, a reduction in setback and square footage requirements
in the ratio of vehicle parking spaces that would otherwise be required; (2) Approval of mixed use zoning in conjunction with the hou development if land uses are compatible with the housing development and mixed
zoning will reduce the cost of developing the housing; or
(3) Other regulatory incentives'or concessions proposed by the devela
or the City which result in identifiable cost reductions;
(4) Partial or additional 'density bonus;
(5) Subsidized or reduced planning, plan check or permit fees; and
(6) Direct financial aid including, but not limited to redevelopment set-a!
funding, Community Development Block Grant funding, or subsidizing infrastructure, 1
cost or construction costs or other incentives of equivalent financial value based upon
land costs per dwelling unit.
(d) The value of each incentive will vary from project to project, theref additional incentives or in-lieu incentives shall be determined on a case-by-case basis
(e) The City shall provide at least one additional incentive, for qualified how
developments as set forth in Section 21.86.30, upon a written request by the develo
unless the City makes a written finding that the additional incentive is not require(
order for allowable housing expenses to be set as affordable. The applicant/owner s
be required to show that the additional incentive is economically necessary to make
units affordable as required by this Chapter. The process for requesting an additic
incentive and the criteria for evaluating such request is contained in Section 21.86.09
this Chapter.
(f) It is the exclusive prerogative of the City to offer in-lieu incentives of equival
financial value, based upon the land cost per dwelling unit, instead of a density bonus i
at least one additional incentive.
(g) Where a density bonus would cause a housing development targeted for IOU
income households, moderate-income households or qualified seniors to exceed the up
end of the General Plan density range for the project site, then this request shall
evaluated relative to the proposal's compatibility with adjacent land uses and its proxin
to employment opportunities, urban services or major roads.
(h) All qualified housing developments as set forth in Sections 21.86.30 i
21.86.40 shall be given priority in processing.
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21.86.070. Densitv Bonus Housing Standards. 1 (a) Notwithstanding a developer’s request to process a residential project pursr to this Chapter, all residential projects are subject to and must satisfy the requiremc 2
target income groups) of Chapter 21.85 (Inclusionary Housing) of this Code. b 3
(i.e. number of required lower and/or moderate-income units, tenure of affordability, ,
(b) Some of the provisions of this Chapter may satisfy the developer’s inciusioc
4 housing obligations (i.e.: 15 percent of the base units reserved as affordable to lov
income households for a minimum 30 year tenure) consistent with Chapter 21.85 of 5 Code, and other provisions of this Chapter will not.
6 rate dwelling units unless both the final decision making authority of the City and
7 developer/applicant agree within the Density Bonus Housing Agreement to an alterna
(c) Required target dwelling units should be constructed concurrent with mal
schedule for development.
group for a period of at least thirty (30) years, or a longer period of time if required 9
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the construction or mortgage financing assistance program, mortgage insurance progr or rental subsidy program, under the following circumstances:
(3) Any target unit which is provided through the conversion of apartme
by the City; or 12
(2) In-lieu incentives in the form of direct financial contributions are gran
by the City; 11
(1) Both a density bonus and at least one additional incentive are grar
and, whenever reasonably possible, be distriiuted throughout the project site. 18
(0. Target dwelling units and density bonus dwelling units should be built on-: by the City. 17
(2) In-lieu incentives other than direct financial contributions are gran 16 by the City; or
(1) Only a density bonus is granted and no additional incentives are gran 15
group for a period of at least ten (10) years under the following circumstances:
(e) Target dwelling units shall remain restricted and affordable to the designa 14
to air space condominiums. I.3
(g) In certain cases where a combined density bonus housing project is propos
19 the target dwelling units and density bonus dwelling units may be provided on a I
separate from the site of the market-rate units. Construction of the target dwelling Uj 20 and density bonus dwelling units is limited to sites within the same City quadrant
21 which the market-rate units are located. However, in the event that two properties al
a road, which forms a quadrant boundary, and the two properties are contiguous, excc
22 for the presence of the roads, then the target dwelling units and/or density bonus units n
be provided on the other property. Where the target dwelling units are located withi 23 master or specific plan area, the first priority for location of the alternative site is wit.
the same master or specific plan, followed in order by the same Local Facilil 24 Management Zone. In the event that a Local Facilities Management Zone crosses <
25 quadrants, the target dwelling units and density bonus dwelling units shall be located wit
the same City quadrant in which the market-rate units are located.
26 (h) Target dwelling units should be located on sites that are in proximity to or F
provide access to employment opportunities, urban services, or major roads or otl 27 transportation and commuter rail facilities (Le. freeways, bus lines) and that i
28 compatible with adjacent land uses.
8 (d) Target dwelling units shall remain restricted and affordable to the designa
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(i) Density bonus projects shall include a mix of target dwelling units (by nun
of bedrooms) in response to affordable housing demand priorities of the City, when feasible.
(i) Density bonus projects shall comply with all applicable development stand; except those which may be modified as an additional incentive as provided herein
regard to additional incentives. In addition, all units must conform to the requiremi
of the applicable building and housing codes. The design of the target dwelling t
shall be reasonabiy consistent or compatible with the design of the total prc
development in terms of appearance, materials and finished quality.
a development which does not meet the requirements of this chapter. No target dwe
unit shall be rented or sold except in accordance with this chapter.
(k) NU building permit shall be issued, nor any development approval granted
8 21.86.080. Emiration of Affordabilitv Tenure.
(a) At the end of the minimum tenure for rental units in projects containing ta 9 units or for-sale target dwelling units a notice of availability of the rental project or for-
target dwelling unit(s) shall be prepared ,by the propeny owner and submitted to lo Housing and Redevelopment Director. Within 90 days of the notification of availat
11 of the rental project or for sale target dwelling unit(s), the City, or its designee has the
right of refusal to buy the rental project or for-sale target dwelling unit(s) for the purp
12 of providing affordable housing. Under this option, the City or its designee will ma: good faith effort to close escrow within 90 days. The sales price of the rental projec l3 for-sale ,unit(s) shall be the fair-market appraised value at the time of sale, assur
14 continued affordability restrictions. The fair-market valuation of the rental project or
sale target dwelling unit(s) shall be determined by an appraisal made by an agent mutt
15 agreed upon by the City and the property owner. Costs associated with the appraisal s
be borne by the property owner.
16 (b) If the City or its designee fails to exercise its option of first right of refusz
purchase the rental project or for-sale target dwelling unit(s) within 90 days of notifica I'i' of availability of the rental project or for-sale units, then the target units may be conve:
18 to market-rate units under the following circumstances:
(1) The management of the complex intending to convert target rental c
19 to market-rate units shall give notice of such intent, via registered mail, to each affec
tenant household and to the City Clerk. Said notice shall be given at least one huna 20 eighty (180) days prior to the date proposed for conversion to market-rate rents; anc
21 (2) Each affected tenant household shall be eligible to receive re
relocation assistance in an amount equal to four (4) months rent, said assistance tc
22 provided by the ownedmanagement company and paid to the tenant at least sixty 1
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days prior to conversion to market-rate rents.
21.86.090. Density Bonus or In-lieu Incentive Amlication and Review Proce!
(a) All residlential projects requesting a density bonus, additional incentive(s
in-lieu incentives pursuant to this Chapter, shall be required to comply with the follo\l
application requirements:
(1) Application for on-site target dwelling units: Target dwelling 'u
proposed to be developed within the same project site requiring such units shall
designated on the project plans and shall be processed under a Site Development E
application in addition to the otherwise required project development application(s) (
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tentative maps, parcel maps, planned unit developments, conditional use permits redevelopment permits). The Site Development Plan shall be processed pursuar
Section 21.53.120 of this Code. No additional hearings or approvals shall be requ
except as provided herein with regard to the provision of financial incentives. If
application involves a request to the City for direct financial incentives, then any actic the Planning Comm.ission on the application shall be advisory only, and the City Coi
shall have the autllority to make the final decision on the Site Development 1
application and any related discretionary permits.
(2) Application for Combined Density Bonus Housing Projects: Sepa
development application(s) (including the submittal of a Site Development Plan) sha
processed concurrently for both sites unless the alternative site has previously rece
its discretionary permits. No additional applications, bearings or approvals shal
required, except as provided herein with regard to the provision of financial incent
If the application involves a request to the City for direct financial incentives, then
action by the Planning Commission on the application shall be advisory only, and the
Council shall have the authority to make the final decision on all of the requ
development permits. (b) Preliminary application: An applicant/developer proposing a density bc
housing project, shall submit a preliminary application prior to the submittal of any fol
requests for approvals of such housing development. The preliminary application :
include the following information:
(1) A brief description of the proposal including the number of ta
dwelling units and density bonus units proposed;
(2) The Zoning, General Plan designations and assessors parcel numbc
of the project site;
(3) A site plan, drawn to scale, which includes: building footprints, drive
and parking layout, building elevations, existing contours and proposed grading; and
(4) A letter identifying what specific incentives (i.e.; standards modificati
density bonus, or fee subsidies) are being requested of the City. Within thirty daq
receipt of the Preliminary application by the Planning Director for projects not reque:
direct financial assistance from the City, or ninety days for projects requesting d;
financial assistance from the City, the department shall provide to an applicant/devela
a letter which identifies project issues of concern, the financial assistance that the Plan
Director can support when making a recommendation to the final decision mal
authority and the procedures for compliance with this Chapter. The applicant shall
be provided with a copy of this Chapter and related policies, the pertinent sections of
California Codes to which reference is made in this Chapter and all required applica
forms.
(c) Submittal: The completed applicatiori(s) shall include the folloi
information: (1) A legal description of the total site proposed for development of
target dwelling units including a statement of present ownership and present and prop(
zoning; (2) A letter signed by the present owner stating what incentives, if any,
being requested from the City; (3) A detailed vicinity map showing the project location and such detail
the location of the nearest commercial retail, transit stop, potential employment locati
park or recreation facilities or other social or community service facilities.
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(4) Site plans, designating the total number of units proposed on the including the number of target dwelling units and density bonus dwelling units,
supporting plans per the application submittal requirements.
(5) In the case of a request for any incentive(s), a pro-forma fol proposed project to justify the request.
(6) In the case of a condominium conversion request, a report documel
the following information for each unit proposed to be converted: the monthly incon
tenants of each unit throughout the prior year, the monthly rent for each unit throuf
the prior year, and vacancy information for each unit throughout the prior year.
(d) Review: The Community Development Director and/or his/her designated
shall evaluate the request based upon the following criteria:
(1) The density bonus housing project helps achieve the City’s housing for lower-income, moderate-income or qualified senior households, as set forth il
Housing Element of the General Plan;
(2) The requested incentive(s) (including, but not limited to, addil density bonuses, requests for a mixed use project, reduction in development standarc
direct or indirect financial contributions) must be necessary to make the PI
economically feasible;
(3) The housing project shall not result in an overall development pa
that is incompatible 4th other land uses in the immediate vicinity; and
(4) The density bonus housing project complies with the General
zoning and development policies of the City of Carlsbad.
(5) That the conversion of apartment units to condominiums shall not 1
in a reduction in the affordable housing stock for lower income groups, as of the
recent inventory.
(6) In cases where an applicant/developer agrees to construct a ho
development with ten percent (10%) or twenty percent (20%) or fifty percent (50:
the units restricted and affordable to very low-income, low-income, or qualified house
respectively, and an additional incentive is requested, the Planning Director and/or hi:
cannat disallow the incentive(s) listed in Section 21.86.060(c) on the basis that
materially detrimental to public health and safety.
21.86.100. Inclusion of Density Bonus Housing AFeement as a Conditic
DeveloDment.
(a) Applicants/developers, requesting a density bonus, additional incentives
lieu incentives pursuant to this Chapter, shall demonstrate compliance with this Ch
by the preparation and approval of a Density Bonus Housing Agreement. A Dl
Bonus Housing Agreement shall be submitted by the applicant to the City. The ter
the draft agreement shall be reviewed by the Planning Director and Director of Hc
and Redevelopment, who shall formulate a recommendation and refer the matter 1
Community Development Director or his/her designee for final approval. Followir
approval and the signing by all parties, the completed Density Bonus Housing Agree
shall be recorded and the relevant terms and conditions therefrom filed and recorc
a deed restriction an those individual lots or units of a property which are designatc
the location of target dwelling units. The approval and recordation shall take place
to final map approval, or, where a map is not being processed, prior to issuar
building permits for such lots or units. The Density Bonus Housing Agreement sh
binding to all future owners and successors in interest.
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(b) A Density Bonus Housing Agreement for new residential construct 1
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processed pursuant to this Chapter shall include the following: (1) The number of density bonus dwelling units granted;
(2) The number of lower-income and senior dwelling units proposed;
3
(7) Incentives and/or financial assistance provided by the City; 7
(5) Tenure of restrictions for target dwelling units (of at least 10 01 5
(4) The proposed location of the lower-income and senior target dwel 4
(3) The unit size(s) (square footage) of target dwelling units and
number of bedrooms per target dwelling unit;
units;
years); 6 (6) Schedule for production of target dwelling units;
(8) Where applicable, tenure and conditions governing the initial sale 01
(9) Where applicable, tenure and conditions establishing rules 8
(e) A Density Bonus Housing Agreement for condominium conversions proce:
procedures for qualifying tenants, setting rental rates, filling vacancies, and operating 9
sale target units; and
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11 pursuant to this Chapter shall be required to include the following:
maintaining units for rental target dwelling units.
(1) The number of density bonus dwelling units granted;
(3) The unit size(s) (square footage) of target dwelling units and l3
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number of bedrooms per target dwelling unit;
(7) In-lieu incentives provided by the City; and 16
(6) Schedule for production of target dwelling units;
(5) Tenure of affordability for target dwelling units (30 year minimun 15
(4) The proposed location of the lower and moderate-income ta
19
combined into a single Housing Agreement.
21.85.’160, both the Density Bonus and Inclusionary Housing Agreements shal 18
(d) Where an Inclusionary Housing Agreement is required pursuant to Set 17 (8) Terms and conditions of for-sale target dwelling units.
12 (2) The number of lower and moderate-income dwelling units propa
dwelling units;
21.86.110. Densitv Bonus Resale Agreement. 20 (a) All buyers of for-sale target dwelling units shall enter into a Density €3
Resale Agreement with the City’s Housing Authority prior to purchasing the un 21
(b) Where an Inclusionary Resale Agreement is required pursuant to Sel may not be transferred without prior approval of the City’s Housing Authority. 22
property. The Resale Agreement shall specify that the title to the subject property or
23 21.85.170, both the Resale Agreements for inclusionary for-sale units and target for
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25 21.86.120. Elimiilitv - Reauirements.
Only households meeting the standards for lower-income households, mode
26 income households, and qualified (senior) residents as defined in Section 21.86.020
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units shall be.combined into a single Resale Agreement.
be eligible to occupy target dwelling units.
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21.86.130. Management and Monitoring.
Rental target dwelling units shall be managed/operated by the developer or €
her agent. Each developer of rental target dwelling units shall submit an annual r(
to the City identifying which units are target dwelling units, the monthly rent, vac
information for each target rental dwelling unit for the prior year, monthly incom
tenants of each target rental dwelling unit throughout the prior year, and other inform
as required by the City, while ensuring the privacy of the tenant.
5 21.86.140. Administrative Fee for Target - Dwelline Units.
Over the minimum tenure of projects containing target dwelling units, the Cil 6
associated with the administration and monitoring of such units. Although the pro' 7
either directly or, via one or more third parties, provide a number of recurring sei
of some of these services will be within the normal purview of existing City acti
8 others will involve new costs to the City for which there are no existing funding so1
Unless and until alternative funding sources are identified, it is necessary to requix 9 builders/owners of residential projects to share in these administrative costs. Then
the City Council hereby establishes an administrative fee for target dwelling unit lo amount to be established by City Council resolution and paid prior to the issuan
11 building permit(s).
12 21.86.150. Separability of Provisions.
If any provision of this chapter or the application thereof to any persc 13 circumstances is held invalid, the remainder of the chapter and the application (
affected thereby. l4 provision to other persons not similarly situated or to other circumstances shall n
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EFFECTIVE DATE: This ordinance shall be effective thirty days :
adoption, and the City Clerk shall certify to the adoption of this ordinance and cal
be published at least once in the Carlsbad Sun within fifteen days after its adopi
INTRODUCED AND FIRST READ at a regular meeting of the Carlsl
Council on the 23rd day of MARCH J 1993 J and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of
of Carlsbad on the 20th day of APRIL ,19 93 , by the following vote, t
1 AYES: Council Members Lewis, Stanton, Kulchin
lo II NOES: None 11
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ABSENT: Council Members Nygaard, Finnila
APPROVED AS TO FORM AND LEGALITY
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ATI'EST:
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8 e
l, ll ORDINANCE NO. NS-207
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m ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER
21.53 AND 21.04 OF THE CARLSBAD MUNICIPAL
CODE TO ALLOW THE CONSIDERATION OF STANDARDS
FOR AFFORDABLE HOUSING PROJECTS.
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6 Carlsbad Municipal Code is amended by the addition of Sect
SECTION 1 : That Title 21, Chapter 21.04 of
711 21.04.021 to read as follows:
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v121.04.021. Affordable Housins. *IAffordable Housing89 means housing for which allowable housing expenses for a for-sale or rental dwelling L paid by a household would not exceed 30 percent of the gx monthly income for target income levels, adjusted for housek size. I#
SECTION 2 : That Title 21, Chapter 21.04 of
Carlsbad Municipal Code is amended by the addition of Sect
21.04.186 to read as follows:
t121.04.186. Household - Low-Income.
"Low-Income Householdtt .means those households wh
gross income is at least 50 percent but less than 80 percent
the median income for San Diego County as determined annuall!,
the U.S. Department of Housing and Urban Development.tt
SECTION 3 : That Title 21, Chapter 21.04 of
19 ! Carlsbad Municipal Code is amended by the addition of Sect
21.04.187 to read as follows: 20 I
a I1 tt21.04.187. Household - Moderate Income.
ttModerate-Income Householdgt means those househc whose gross income is at least 80 percent but less than 22 percent of the median income for San Diego County as determi
23 annually by the U.S. Department of Housing and Ur Development. I)
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25 Carlsbad Municipal Code is amended by the addition of Sect
SECTION 4 : That Title 21, Chapter 21.04 of
26// 21.04.188.
27 1121.04.188. Household - Very Low-Income.
Very Low-Income HouseholdIt means a household earr 28 a gross income equal to 50 percent or less of the median inc
It e e
for San Diego County as determined annually by the 1
' 1 Department of Housing and Urban Development.tg
2 SECTION 5: That Title 21, Chapter 21.04 of
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Urban Development and adjusted for family size." 7
as determined annually by the U.S. Department of Housing very low, low and moderate income levels within San Diego COI 6
"Target Income Leveltg means the income standards 1121.04.189. Income Level - Taraet. 5
21.04.189 to read as follows: 4
Carlsbad Municipal Code is amended by the addition of Seci
SECTION 6: That Title 21, Chapter 21.53 of
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Carlsbad Municipal Code is amended by the amendment to Sec.
21.53.120 to read as follows:
"21.53.120. Affordable housina multi-fa1
residential Proiects - site develoPment Plan rewired. (a) Notwithstanding anything to the contrary in a code, no building permit or other entitlement shall be issued any multi-family residential development having more than dwelling units or an affordable housing project of any I unless a site development plan has been approved for the.proj( The site development plan shall be processed pursuant to Cha]
21.06 (Q-Overlay Zone) of this code. A site development plan for a multi-family residen, project (not affordable) shall not be required for any pro' processed pursuant to Chapter 21.45 of this code. (b) Multi-family residential and affordable housi: Determination. The Planning Commission shall have the authorit] approve, conditionally approve or deny site development plans a multi-family residential project or affordable housing projl with fifty dwelling units or less. The Planning Commissi' decision may be appealed to the City Council as providec Chapter 21.06. For projects with more than fifty units, Planning Commission shall hold a public hearing and make a re: and recommendation to the City Council. The City Council, a public hearing noticed as provided in Section 21.54.060(1: this code, shall approve, conditionally approve or deny the development plan. (c) DeveloDment Standards. The development (both for multi-family residential affordable housing) shall be subject to the development stand of the zone in which the development is located and/or applicable Specific or Master Plan except for affordable hou
projects as expressly modified by the site development plan. site development plan for Affordable Housing Projects may a
less restrictive development standards than specified in underlying zone or elsewhere provided that the project it
conformity with the General Plan and adopted policies and g
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of the City, and it would have no detrimental effect on pub health, safety and welfare. In addition, the Planning Commiss or the City Council in approving a site development plan impose special conditions or requirements which are m
or elsewhere that include provisions for, but are not limited the following:
restrictive than the development standards in the underlying z
4 (1) Density of use:
5 (2) Compatibility with surrounding properties and 1
6 (3) Parking standards:
(4) Setbacks, yards, active and passive open sp
7 required as part of the entitlement process, and on-s
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uses :
recreational facilities;
(5) Height and bulk of buildings;
(6) Fences and walls:
(7) Signs;
(8) Additional landscaping:
(9) Grading, slopes and drainage:
(10) Time period within which the project or any pha
(11) Points of ingress and egress:
(12) Such other conditions as deemed necessary l2 ensure conformity with the General Plan and other adOg
13 policies, goals-or objectives of the City. (d) In addition the Planning Commission or City Cour may require that the developer provide public improvements eit I.4 on or off the subject site as are needed to serve the propc development or to mitigate public facilities needs or impe l5 created by the project. (e) :No more than fifty percent of the portion of a I l6 containing twenty-five to forty percent slopes may be utili for calculating allowable residential density. Resident 17 development on slopes with an inclination of twenty-five to fc percent inclusive shall be designed to minimize the amount I* grading necessary to accommodate the project. For proje within the coastal zone, the grading provisions of the Carl: l9 Local Coastal Program shall apply."
of the project shall be completed:
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20 SECTION 7: That Title 21, Chapter 21.04, Secl
21 21.04.210 of the Carlsbad Municipal Code is amended to real
22 follows:
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1121.04.210 Lot. ltLotll means a parcel of record legally created
subdivision map, adjustment plat, certificate of compliance, a parcel legally in existence prior to incorporation of the into the jurisdiction of the City. Any parcel created prio~ May 1, 1956, shall be presumed to be lawfully created if parcel resulted from a division of land in which fewer than :
parcels were created. A lot shall have frontage that al: ,usable access on a dedicated public street or a public dedici easement accepted by the City. This street or easement SI 1
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have a minimum width of thirty feet. Special lot and st] configurations for Affordable Housing projects may be all( subject to the provisions of Section 21.53.120 of this code.
SECTION 8: That Title 21, Chapter 21.06, Secf
21.06.090 of the Carlsbad Municipal Code is amended to rea(
follows:
tt21.06.090 DeveloDment standards. Property in the Q zone shall be subject to development standards required in the underlying zone and
applicable specific plans, except for Affordable Housing Projc
as expressly modified by the site development plan. The I
development plan for Affordable Housing Projects may allow
restrictive development standards than 53ecified in
underlying zone or elsewhere provided that le project i:
conformity with the General Plan and adopted policies and g' of the City, and it would have no detrimental effect on, pu: health, safety and welfare. In addition, the Planning Commis or the City Council in approving a site development plan
impose special conditions or requirements which are
restrictive than the development standards in the underlying or elsewhere that include provisions for, but are not limited the following: .
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(1011
(1111
Special setbacks, yards active or passive space; required as part of the entitle
process ; Special height and bulk of building regulatic Fences and walls; Regulation of signs; Additional landscaping; Special grading restrictions Requiring street dedication and improvements posting of bonds) ; Requiring public improvements either on or off subject site that are needed to service
proposed development;
Time period within which the project or any ph of the project shall be completed; Regulation of point of ingress and egress; Such other conditions as deemed necessarl insure conformity with the General Plan and o adopted policies, goals or objectives of the C
However, it is not intended that the review of the
Development P:Lan shall include aesthetic aspects such as:
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(1) Color;
(2) Texture;
(3) Materials:
(4) Adornments. I@
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EFFECTIVE DATE: This ordinance shall be effectj
thirty days after its adoption, and the City Clerk shall certj
to the adoption of this ordinance and cause it to be published
least once in the Carlsbad Journal within fifteen days after i
adopt ion.
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6 Carlsbad City Council on the 14th day of JULY
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9 Council of the City of Carlsbad on the 21st day of JULY
INTRODUCED AND FIRST READ at a regular meeting of 1
1992, and thereafter
PASSED AND ADOPTED at a regular meeting of the C,
lo 1992, by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Nygaard
NOES : None
ABSENT: Council Members Larson, Stanton
APPROVED AS TO FORM AND LEGALITY
, e. Actingsorne ; '"/\.. fl
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20 1 CLAUDE ' . ~WIS; Mayor
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ATTEST:
&t&L 64. R*
ALETHA L. RAUTENKRANZ, City Cl$rk
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