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HomeMy WebLinkAbout2004-07-21; Planning Commission; Resolution 56511 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5651 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA7 RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT TO AMEND THE RESIDENTIAL POLICIES AND LAND USE DESIGNATIONS IN THE LAND USE EMEMENT OF THE GENERAL PLAN TO ENSURE CONSISTENCY BETWEEN THE GENERAL PLAN AND ZONING ORDINANCE; AND ALSO TO ENSURE CONSISTENCY BETWEEN CITY POLICIES AND STATE LAW. CASENAME: RESIDENTIAL GENERAL PLAN AND ZONING CONSISTENCY AMENDMENTS CASE NO: GPA 03-13 WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application with the City of Carlsbad regarding property described as citywide (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “A” dated June 16, 2004, attached hereto and on file in the Carlsbad Planning Department RESIDENTIAL GENERAL PLAN AND ZONING CONSISTENCY AMENDMENTS - GPA 03-13 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of June 2004 and on the 21st day of July 2004 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of RESIDENTIAL GENERAL PLAN AND 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ZONING CONSISTENCY AMANDMENTS - GPA 03-13.’, based on the following findings: 1. The proposed amendment to the residential land use policies and descriptions in the Land Use Element of the General Plan, as shown on Exhibit “A” is in conformance with the Elements of the City’s General Plan based on the facts set forth in the staff report dated June 16,2004, including, but not limited to the following: a. b. C. ... ... ... ... ... ... ... ... ... ... The proposed amendments will provide consistency between the General Plan and Zoning Ordinance, which ensures that the policies of the General Plan will be implemented; and The proposed amendments are consistent with the goals and objectives of the Housing Element, in that requiring housing development to be consistent with the minimum density of the underlying land use designation will assist in achieving the goal to provide “new housing developed with a diversity of types, prices, tenures, densities and locations and in sufficient quantity to meet the demand of anticipated City and regional growth;” and The proposed amendments are consistent with the goals and objectives of the Open Space & Conservation Element, in that allowing housing development to be clustered outside of habitat areas in all residential land use designations, including RL and RLM, will assist in achieving the City’s goals to protect environmentally sensitive land, protect wildlife habitat, and minimize the impacts from new development on environmental resources. PC RES0 NO. 565 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C mmissio PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning of the City of Carlsbad, California, held on the 21st day of July 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman, Montgomery and Segall NOES: None ABSENT: None ABSTAIN: None /FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HmZ- ER Planning Director PC RES0 NO. 5651 -3- Exhibit "A June 16,2004 Land Use Element SCHOOLS Elementary Junior High High School Continuation Private OPEN SPACE & COMMUNITY PARKS (0s) TRANSPORTATION CORRIDOR (TC) UNPLANNED AREAS (UA) COM B I NATION D I STRl CT Within each land use designation, there exists the potential for certain unique land uses for which there are no specific designations. Such uses may include, but are not limited to churches, or hospitals. These and other unique types of uses cannot be automatically placed within any "A City which provides for a variety of housing types and density ranges fo meet fhe diverse economic and social requirements of residents.. . n particular land use classification and must be reviewed on an individual site basis through the conditional use permit process (Title 21, Chapter 21.42, Carlsbad Municipal Code). Discussed below are descriptions of the land use classifications including population density and building intensity permitted within each classifi- cation. I. RESIDENTIAL Density is the unit of measure used to compare and describe the intensity of residential land use. Different categories of density constitute policy statements used in establishing the public facility requirements for each area. Density allocations are not intended to specifically identify building types but rather intensity of use. The City's goals regarding the need for specific types of residential housing are contained in the Housing Element. That element should be referred to for more detailed information regarding the housing needs of the community and an integrated set of goals, policies and programs to assist the community in meeting those needs. Five ranges of residential density, as shown below, have been incorporated into the General Plan. Each of these categories is implemented by one or more zone classifications that contains specific site development standards. The City also has a specific mobile home park zoning classification although individual mobile homes are permitted in any denst& residential land use classification. Notwithstanding the densitv provisions and intent of each residential land use designation, as specified below, a one-family dwelling shall be permitted on anv legal lot that existed as of and which is designated and zoned for residential use. Anv proposal to subdivide land or construct more than one dwellinq shall be subiect to the densitv and intent of the underlving residential land use designation. JINSERT EFFECTIVE DATE OF ZCA 03-02 ORD.l a. b. Low Densitv (RLk Low density residential "I I "U Y y - areas intended to be developed with swgk one- family dwellings on parcels one-half acre or larger at a densitv between 0 to 1.5 units per acre. On sites containing sensitive biological resources, as identified in the Carlsbad Habitat Manaaement Plan, development other than one-family dwellings may be approved with a planned development permit. subject to the densitv range of this designation. t-h nrl h Low-Medium Densitv (RLM): Uf%f+I&ow- medium density residential areas intended to be developed with s+@e =-family 4efwss dwellinas w+pd &Aqme&- at a densitv between 0 to 4 Amended March 27,2001 Page 9 Land Use Element RM RMH RH C. d. e. 4-8 6.0 8 - 15.0 11.5 15-23 19.0 dwelling units per gwss acre. A-vswfet)cef On sites containing sensitive biological resources, as identified in the Carlsbad Habitat Management Plan, development other than one-familv dwellings mav be approved with a planned development permit, subiect to the densitv ranae of this desianation. Medium-Densitv (RM): Urbm-wMedium density residential areas intended to be developed with ?swt&-W smgk =-family dwellings, + dwellings and multiple-familv dwellinas at a densitv between 4 to 8 dwelling units per acre. Medium-Hiqh Densitv (RMH): Medium-high densitv residential areas intended to be developed - with -; c? apa#merlawdepm&ss two-family d we1 I i ng s and mu It i ple-fam i I y d we1 I i ngs, as well as one-familv dwellings (developed as two or more detached units on one lot) at a densitv between 8 to 15 dwelling units per acre. Development of one-family dwellings on individual lots may be approved with a planned development permit, subject to the density range of this desianation. .. Hiqh Density (RH): High-density residential damfk&m - areas dw&mtzcb Sy intended to be developed with twe-ad ck&pme& two-familv and multiple- family dwellings, as well as one-familv dwellings (developed as two or more detached units on one lot) at a densitv between 15 to 23 dwelling units per acre. .. . .. r\, J- rn Certain areas of the City designated for planned communities may have several residential designations or combinations of residential designations. To accommodate good design and planning, as well as environmental and topographical factors, planned communities shall be controlled by a master plan. As part of the City's Growth Management Plan, a dwelling unit limitation was established for each quadrant of the City. The City shall not approve any general plan amendment, zone change, tentative subdivision map or other discretionary approval for a development that could result in the development above the limit in any quadrant. To ensure that development does not exceed the limit, the following growth management control points are established for the Land Use Element density ranges. The City shall not approve any residential development at a density that exceeds the growth management control point for the applicable density range without making the following findings: a. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. b. That there have been sufficient developments approved in the quadrant at densities below the control point so the approval will not result in exceeding the quadrant limit. c. All necessarv public facilities required bv the Citv's Growth Management Proaram will be constructed, or are auaranteed to be constructed, concurrently with the need for them created bv this development and in compliance with the adopted Citv standards. Table 2: ALLOWED DWELLING UNITS PER ACRE General Plan Density I Growth RL I 0-1.5 I 1 .o RLM I 0-4.0 I 3.2 The residential land use designations indicates MAXIMUM development unit yields. To meet the General Plan goals and objectives, including, but Page 14 Amended March 27,2001 Land Use Element not limited to population goals and environmental considerations, the ACTUAL yield may be less than maximum potentials, but not less than the minimum densitv of the underlvina land use designation; except. densitv may be approved below the minimum of the densitv range in the following circumstances: a. When a lot is legal nonconforming, or when two legal nonconforminq lots are consolidated into one lot. b. When a lenal lot is developed with one or more residential units that existed as of JINSERT EFFECTIVE DATE OF ORD.1 ; provided, the existing units are to remain and it is not feasible to construct the number of additional units needed to meet the minimum densitv without requiring the removal of the existing units. Pursuant to California Government Code Section 65863, the Citv shall not bv administrative, quasi-iudicial. or leaislative action, reduce, reauire or permit the reduction of residential densitv on anv parcel to a densitv below that which was utilized bv the California Department of Housinq and Communitv Development in determining Compliance with housing element law, unless, the Citv, makes written findinas supported by substantial evidence of both of the following: a. The reduction is consistent with the adopted aeneral plan, including the housing element. b. The remainina sites identified in the housing element are adeauate to accommodate the Citv’s share of the regional housing need pursuant to Government Code Section 65584. If a reduction in residential densitv for anv parcel would result in the remaining sites identified in the housing element not being adequate to accommodate the Citv’s share of the regional housing need, the Citv may reduce the densitv on that parcel provided it identifies sufficient additional, adequate, and available sites with an equal or greater residential densitv so that there is no net loss of residential unit capacitv. The Citv shall be solelv responsible for compliance with Government Code Section 65863, unless a project applicant requests in his or her initial application, as submitted, a densitv that would result in the remaining sites in the housing element not beinq adequate to accommodate the Citv’s share of the regional housing need. In that case, the Citv may reauire the proiect applicant to complv with Government Code Section 65863. For the purposes of determining or reauiring compliance with Government Code Section 65863, the submission of an application does not depend on the application being deemed complete or being accepted bv the Citv. Government Code Section 65863 does not applv to parcels that, prior to January 1. 2003, were either 1) subiect to a development agreement, or 2) parcels for which an application for a subdivision map had been su bmi tted. Residential density shall be determined based on a number of dwelling units per developable acre of property. The following lands are considered to be undevelopable and shall be excluded from density calculations: a. Beaches; b. Permanent bodies of water; c. Floodways; d. Slopes with an inclination of greater than e. Significant wetlands; f. Significant riparian woodland habitats; g. Land subject to major power transmission easements; h. Land upon which other significant environmental features as determined by the environmental review process for a project are located; and i. Railroad track beds. 40%; No residential development shall occur on the lands listed above, however, the City Council may permit limited development of such property, if when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. Limited development of accessory or nonresidential uses may be permitted. ~ Amended March 27,2001 Page 15 Land Use Element Development on slopes with an inclination of 25% to 40% shall be permitted if designed to minimize the grading and comply with the slope development provisions of the hillside ordinance and the Carlsbad Local Coastal Program. However, only 50% of the area shall be used for density calculations. In instances where a property owner is preserving a significant amount of open space land beyond what would normally be required by city ordinances for purposes of environmental enhancement, establishing wildlife corridors or reserves or otherwise leaving developable property in its natural condition, the City shall consider allowing the density or development potential of the property being preserved to be transferred to another portion of the property or another distinct property. In these instances, the densityldevelopment potential of the property being left in open space shall be reserved for and used on the remainder of the land owned by the property owner, or through a negotiated agreement with the City, may be transferred to land owned by another property owner. All legally existing R-2 lots, as of December 1, 1986, may be developed with a two-family residence regardless of the density allowed by their General Plan designation if they can comply with all applicable development standards in effect at the time of their development and if the following findings can be made: would permit a slightly higher yield than that recommended in the low and low-medium density residential classifications. In those exceptional cases, the City may find that the project is consistent with this element if: a) the project is compatible with the objectives, policies, general land uses and programs expressed herein, b) all of the necessary infrastructure is in place to support the project, and c) the proposed density does not exceed the maximum density allowed at the top of the range by more than an additional 25%. Affordable Housing - Density Increases The City recognizes that the feasibility of providing housing affordable to lower-income families is dependent upon the ability to achieve residential densities higher than allowed by the underlying land use designation. Therefore, it is necessary to consider development of housing projects containing lower-income affordable housing units at densities that may exceed the ranges and growth management control points indicated above. The density which may be approved for those projects which include affordable housing shall be determined on an individual project proposal basis, and may be independent of the residential land use designation of the site, subject to the criteria listed under Residential, Implementing Policies and Programs, C.3. a. b. C. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted; That there have been sufficient developments approved in the quadrant at densities below the control point to cover the units in the project above the control point so the approval will not result in exceeding the quadrant limit; and All necessary public facilities required by this chapter will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards. There are exceptional cases where the base zone is consistent with the land use designation but Page 16 Amended March 27,2001