HomeMy WebLinkAbout2004-07-21; Planning Commission; Resolution 56511
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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
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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.
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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-
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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