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HomeMy WebLinkAbout2011-07-06; Planning Commission; Resolution 67791 PLANNING COMMISSION RESOLUTION NO. 6779 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT TO 4 REVISE THE TIME FRAMES OF PROGRAM 2.1 OF THE 2005-2010 HOUSING ELEMENT PROGRAMS. CASE NAME: HOUSING ELEMENT PROGRAM 2.1 6 CASE NO: GPA11-04 7 WHEREAS, the City Council on April 26, 2011, passed Resolution 2011-068, o declaring its intention to amend Program 2.1 of the 2005-2010 Housing Element "Objectives and 9 Time Frame" to provide updated timelines for implementation of the actions set forth therein 10 regarding adequate sites, all to be accomplished within the extended 2005-2010 housing element 11 cycle; and j 3 WHEREAS, in Resolution 2011-068, the City Council also directed the Planning 14 Director to prepare recommendations for the updated timelines; and 15 WHEREAS, consistent with Council direction, the Planning Director has filed a verified application affecting property citywide; and 17 WHEREAS, said verified application constitutes a request for a General Plan 18 Amendment as shown on Exhibit "X" dated July 6, 2011, attached hereto and on file in the 20 Carlsbad Planning Department, HOUSING ELEMENT PROGRAM 2.1 - GPA 11-04, as 21 provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad 22 Municipal Code; and 23 WHEREAS, the amendment is necessary to ensure compliance with a recent San 24 Diego Superior Court ruling; and 25 WHEREAS, the Planning Commission did, on July 6, 2011, hold a duly noticed 26 77 public hearing as prescribed by law to consider said request; 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the General Plan Amendment. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission of the City of Carlsbad, as follows: 7 A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of HOUSING ELEMENT PROGRAM 2.1 - GPA 11-04, based on the following findings: 10 Findings; 11 . The proposed amendment to Program 2.1 time frames is minor and necessary to address the recent San Diego Superior Court finding in Friends ofAviara vs. City of Carlsbad. It 13 maintains consistency with the parts of the General Plan not proposed for amendment. The amendment accomplishes this by simply revising the time frames for completion of 14 the various program actions within the current housing cycle, as extended. These actions serve to provide sites for lower and moderate income housing and are necessary for the City to meet its share of the Regional Housing Needs Assessment as identified in . fi Housing Element Table 3-12. By simply revising time frames to accomplish land use actions within the current housing cycle, as extended, the proposed amendment maintains consistency with Land Use 18 Element Residential Policy C.I, which directs the City to encourage the provision of low and moderate income housing to meet Housing Element objectives, and Housing Element Goal 2, which states, "new housing developed with diversity of types, prices, tenures, densities, and locations, and in sufficient quantity to meet the demand of anticipated city and regional growth." 21 3. The proposed amendment establishes time frames for the Program 2.1 land use actions to 22 ensure consistency will be achieved between the Housing Element and the other elements of the General Plan, such as the Land Use Element. 23 4. The proposed amendment also maintains consistency with a purpose of the Housing Element which is "...to provide the City with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing within the community." 26 27 28 PC RESO NO. 6779 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 6, 2011, by the following vote, to wit: AYES: NOES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher, and Siekmann ABSENT: Commissioner Scully ABSTAIN: L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6779 -3- GPA11-04 Exhibit "X" July6, 2011 Program 2.1 with Proposed Revisions Program 2.1: Adequate Sites The City will continue to monitor the absorption of residential acreage in all densities and, if needed, recommend the creation of additional residential acreage at densities sufficient to meet the City's housing need for current and future residents. Any such actions shall be undertaken only where consistent with the Growth Management Plan. In order to ensure that adequate residential acreage at appropriate densities is available to meet the City's Regional Housing Needs Assessment (RHNA) the City will implement the following objectives: • The City shall process a general plan amendment(s) to redesignate a minimum net acreage of each site in Table 6-1 to RH and require that the redesignated sites be developed at a minimum density of 20 units per acre. As part of this program, the City shall also process all necessary amendments to the Zoning Ordinance and other planning documents, such as master or specific plans. Table 6-1 General Plan Amendment (RH): Ponto and Quarry Creek Property Ponto Quarry Creek Commercial Mixed Use Ponto APN 216-140-17 Portions of 167-040-21 Portion of 216-140-18 Approximate Minimum Acres to be Redesignated to RH 6.4 15.0 2.8 Density Yield 128 300 28 The City shall process a general plan amendment(s) to redesignate a minimum net acreage of each site in Table 6-2 to RMH and require that the redesignated site be developed at a minimum density of 12 units per acre. As part of this program, the City shall also process all necessary City of Carlsbad 2005-2010 Housing Element 6-6 Housing Plan amendments to the Zoning Ordinance and other planning documents, such as master or specific plans. Table 6-2 General Plan Amendment (RMH): Quarry Creek Property Quarry Creek APN Portions of 167-040-21 Approximate Minimum Acres to be Re-designated to RMH 17 Density Yield 200 • The City shall process general plan amendments to establish minimum densities of 12 units per acre and 20 units per acre for the RMH and RH land use designations) respectively, except for those RH designated properties in the Beach Area Overlay Zone. • The City shall process amendments to the Village Redevelopment Master Plan and Design Manual and/or other planning documents as necessary to establish, for residential projects and mixed use projects with residential components within the Village Redevelopment Area, minimum densities equal to 80% of the maximum of the density range. For land use districts 1-4 (density range of 15 - 35 units per acre), as specified in the Carlsbad Village Redevelopment Master Plan and Design Manual, 80% shall be 28 units per acre. For land use districts 5-9 (density range of 15 - 23 units per acre), 80% shall be 18 units per acre. Furthermore, the City shall approve modifications to development standards of the Carlsbad Village Redevelopment Master Plan and Design Manual if a project satisfactorily demonstrates as determined by the City that such modifications are necessary to achieve the minimum densities. • The City shall process amendments to the general plan and zoning ordinance and process other planning documents as necessary to establish and permit the minimum densities, areas, and land uses as described in Section 3 and specified in Tables 3-4, 3-6 and 3-9 for the Barrio Area. • The City shall amend its zoning ordinance, general plan, and other land use documents as necessary to permit residential in a mixed use format on shopping center sites and commercial areas with a General Plan designations of "CL" and "R" and zoning designations of "C-L," "C-l" and "C-2," and/or other general plan and zoning designations as appropriate. Mixed use residential on shopping center and commercial sites shall be at a minimum density of 20 units per acre. • The City will encourage the consolidation of small parcels in order to facilitate larger-scale developments. Specifically, the City will make available an inventory of vacant and underutilized properties to interested developers, market infill and redevelopment opportunities throughout the City of Carlsbad 2005-2010 Housing Element 6-7 Housing Plan City, particularly in the Village Redevelopment Area and proposed Barrio Area, and meet with developers to identify and discuss potential project sites. For the Barrio Area, incentives shall be developed to encourage the consolidation of parcels and thus the feasibility of affordable housing. These incentives shall include increased density and other standards modifications. To facilitate development in the Village Redevelopment Area, modification of standards (including increased density) are permitted for affordable housing, "green" buildings, and projects which meet the goals and objectives of the Village (which include residential and mixed use developments). In addition, the City offers offsets to assist in the development of affordable housing citywide. Offsets include concessions or assistance including, but not limited to, direct financial assistance, density increases, standards modifications, or any other financial, land use, or regulatory concession which would result in an identifiable cost reduction. The City will also encourage lot consolidation by assisting in site identification. Funding: Departmental budget Lead Agency: Housing and Redevelopment Department, Planning Department Objectives and Time Frame: • Provide adequate residential sites to ensure compliance with the adequate sites requirements of AB 2348 for meeting the Regional Housing Needs Assessment (RHNA) for the 2005-2010 planning period. • Amendments to the general plan, zoning ordinance, and other land use documents necessary to effectuate the density changes and other Program components above shall be implemented by October 2009 September 2012, except for Quarry Creek, Ponto, and the Barrio Area. • Since they require extensive legislative and environmental actions (e.g., preparation and adoption of a master plan, Local Facilities Management Plan, and environmental impact report) general plan and zoning amendments for Quarry Creek, Pontof and the Barrio Area shall be implemented by May 2010 February 2013. City of Carlsbad 2005-2010 Housing Element 6-8 1 RESOLUTION NO. 2011-068 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION 3 TO AMEND THE 2005-2010 HOUSING ELEMENT TO 4 PROVIDE UPDATED TIMELINES FOR IMPLEMENTATION OF ACTIONS NECESSARY TO ACHIEVE GENERAL PLAN 5 CONSISTENCY 6 WHEREAS, on December 22, 2009, the City Council adopted Resolution No. 7 2009-322 approving General Plan Amendment GPA 03-02, the 2005-2010 Housing8 Q Element, and the related Mitigated Negative Declaration; and !0 WHEREAS, the adopted Housing Element set forth programs to be utilized to 11 provide housing for all economic segments of the community, including those with low 12 and moderate incomes, in order to meet the City's share of the Regional Housing 13 • Needs Assessment; and 14 WHEREAS, in compliance with Government Code Section 65583(c) the Housing Element identifies actions in Program 2.1 that will be taken to make sites available for 16 housing during the planning period that could not be accommodated on sites identified 17 in the inventory, each with a timeline for implementation, as follows: 18 19 • The City shall process a General Plan amendment(s) to redesignate a minimum net acreage of each site in Table 6-1 to RH and require that the 20 redesignated sites be developed at a minimum density of 20 units per acre. As part of this program, the City shall also process all necessary amendments 21 to the Zoning Ordinance and other planning documents, such as master or specific plans; 22 • The City shall process a General Plan amendment(s) to redesignate a minimum net acreage of each site in Table 6-2 to RMH and require that the 24 redesignated site be developed at a minimum density of 12 units per acre. As part of this program, the City shall also process all necessary amendments to 25 the Zoning Ordinance and other planning documents, such as master or specific plans; 26 • The City shall process General Plan amendments to establish minimum 27 densities of 12 units per acre and 20 units per acre for the RMH and RH land 28 1 use designations, respectively, except for those RH designated properties in the Beach Area Overlay Zone; 2 The City shall process amendments to the Village Redevelopment Master Plan and Design Manual and/or other planning documents as necessary to 4 establish, for residential projects and mixed use projects with residential components within the Village Redevelopment Area, minimum densities equal 5 to 80% of the maximum of the density range. For land use districts 1 - 4 (density range of 15 - 35 units per acre), as specified in the Carlsbad Village 6 Redevelopment Master Plan and Design Manual, 80% shall be 28 units per acre. For land use districts 5-9 (density range of 15 - 23 units per acre), 80% 7 shall be 18 units per acre. Furthermore, the City shall approve modifications to development standards of the Carlsbad Village Redevelopment Master Plan and Design Manual if a project satisfactorily demonstrates as determined by the City that such modifications are necessary to achieve the minimum densities; 10 The City shall process amendments to the General Plan and Zoning Ordinance and process other planning documents as necessary to establish and permit the minimum densities, areas, and land uses as described in 12 Section 3 and specified in Tables 3-4, 3-6 and 3-9 for the Barrio Area; • The City shall amend its Zoning Ordinance, General Plan, and other land use 14 documents as necessary to permit residential in a mixed use format on shopping center sites and commercial areas with General Plan designations 15 of "CL" and "R" and zoning designations of "C-L", "C-1" and "C-2", and/or other General Plan and zoning designations as appropriate. Mixed use 16 residential on shopping center and commercial sites shall be at a minimum density of 20 units per acre. WHEREAS, the City included in the adopted Housing Element timelines foro implementation to achieve General Plan consistency for each of the actions in Program 20 2.1, as follows: 21 • "Program components above shall be implemented by October 2009, except for Quarry Creek. General Plan and zoning amendments for Quarry Creek 22 shall be processed by May 2010"; and WHEREAS, achievement of these actions will provide internal consistency with 24 the.other elements of the City's General Plan; and 25 26 27 28 1 WHEREAS, the State Department of Housing and Community Development 2 certified the adopted Housing Element on March 30, 2010, finding it "...in full compliance with State housing element law (Article 10.6 of the Government Code)"; and 4 WHEREAS, throughout the current housing cycle the City has made substantial 5 progress in achieving its Housing Element goals and accomplishing its Programs; and 6 WHEREAS, SB 575 legislation enacted in 2009 requires revisions of the housing 7 element for local governments within the regional jurisdiction of the San Diego8 g Association of Governments (SANDAG) to be adopted no later than 18 months after 10 adoption of the first regional transportation plan update ("RTF") to be adopted after 11 September 30, 2010; and 12 WHEREAS, the current 4th revision housing cycle is scheduled to end no sooner 13 than April 2013 and may be extended further if adoption of the RTP is delayed; and WHEREAS, on March 22, 2011, the City Council approved the Housing Element annual progress report, including a notation that the Pontebello/Bridges at Aviara 16 project previously identified was withdrawn and identifying additional affordable units in 17 the Cantarini/Holly Springs and Quarry Creek projects; and 18 WHEREAS, in 2010, the City aided two households with home repair loans in 20 accordance with Program 1.4, which directs the City to provide assistance to primarily 21 lower-income and special needs homeowners so they can rehabilitate deteriorating 22 housing; and 23 WHEREAS, in 2008, in accordance with Program 2.1, the City developed inventories of vacant and underutilized properties in the Village and Barrio areas, and 25 amended various development standards in the Carlsbad Village Master Plan and 26 27 28 1 Design Manual to provide flexibility in those standards to facilitate the achievement of 2 higher density residential projects; and 3 .WHEREAS, also in accordance with Program 2.1, the City maintains a monthly 4 "Real Estate Hot Sheet" that lists properties for lease and for sale in the Village area; 5 and 6 WHEREAS, in 2010, the City also drafted ordinances and text revisions as part of planned amendments to the General Plan, Zoning Ordinance, and other documents; o Q these efforts, prepared to implement part or all of various Housing Element programs, 10 including 2.1, 2.3, 3.13, and 3.14, will be completed within the current Housing Element 11 cycle; and 12 WHEREAS, in 2007 the City, in accordance with Program 2.2 amended various 13 development standards in the Zoning Ordinance Chapters 21.44, 21.45, and 21.82, and 14 in the Carlsbad Village Master Plan and Design Manual to provide flexibility in those 15 standards to facilitate the achievement of higher density residential projects; and 16 WHEREAS, to implement objectives of Program 2.4 encouraging energy 17 conservation, the Housing and Redevelopment Commission, on November 20, 2007,18 adopted revisions to the Village Master Plan and Design Manual to permit development 20 standard modifications if necessary to enable a development to qualify for a silver level 21 or higher LEED (Leadership in Energy and Environmental Design) certification; and, the 22 City adopted a Water Efficient Landscape Ordinance on May 11, 2010, and the 2010 23 Building Code, including the California Green Building Standards, on April 5, 2011; and 24 WHEREAS, the City has in accordance with Program 3.1 continued to 25 implement its Inclusionary Housing Ordinance resulting in the construction of 26 approximately 1,000 housing units affordable to very low and low income families since 27 28 1 2003, the first year of the current Regional Housing Needs Assessment allocation 2 period; and 3 WHEREAS, the City has in accordance with Program 3.4, created 67 City 4 initiated or non-inclusionary affordable housing units in the Cassia Heights and 5 Roosevelt Gardens projects, the latter of which just completed construction in January 6 2011;and 7 WHEREAS, the City has in accordance with Program 3.5, assisted in the8 9 development of over 200 affordable units to date in the current Housing Element cycle; 10 and 11 WHEREAS, in accordance with Program 3.7, the City continues to maintain the 12 Housing Trust Fund, which had an approximate balance of $13.5 million as of January 13 2011, and to seek opportunities to disburse trust funds as it did for the Glen Ridge 14 affordable apartment and Roosevelt Gardens affordable condominium projects in 2007, and the Harding Street Senior Condominiums (Western Community Housing/Meta 16 Housing) in 2009; and 17 WHEREAS, on June 4, 2008, the Planning Commission in accordance with 18 Housing Element Program 3.10, which seeks to provide senior housing opportunities, 2Q approved the Harding Street Senior Condominiums Project which as approved would 21 add eight low income senior housing units and seven moderate income senior units; 22 and, in furtherance of this Program and Program 3.7, the Housing and Redevelopment 23 Commission on August 11, 2009, appropriated $3,750,000 in housing set aside funding 24 to develop this project as a 50-unit, senior-restricted apartment complex, 100% 25 affordable to very low and low income renters; and 26 27 28 1 WHEREAS, on March 22, 2011, in accordance with Program 3.11, the City 2 Council approved a new Municipal Code Ordinance, Chapter 21.87, establishing a procedure for making requests for reasonable accommodation for disabled persons in 4 land use, zoning and building regulations to comply with Fair Housing Law; and 5 WHEREAS, on August 24, 2010, the City Council revised the definition of a 6 "family" in Chapter 21.04 of the Municipal Code also in accordance with Program 3.11 7 and to comply with state housing law; and8 o WHEREAS, the City continues to monitor the construction and demolition of units 10 in the Coastal Zone per Program 3.19 of the Housing Element; and 11 WHEREAS, as required by Program 3.20, the City has prepared and continues 12 to prepare Annual Housing Element Progress Reports, the latest of which was accepted 13 by the City Council on March 22, 2011; and 14 WHEREAS, after adoption of the 2005-2010 Housing Element, Friends of Aviara sued the City challenging the Mitigated Negative Declaration approved for the project 16 and alleging that the City's Housing Element is inconsistent with other elements of the 17 General Plan, and18 WHEREAS, on March 28, 2011, the Superior Court upheld the City's Mitigated 20 Negative Declaration ruling that Friends of Aviara had failed to sustain its burden of 21 presenting substantial evidence of a fair argument that the mitigation measures are 22 inadequate to avoid any potentially significant environmental effects; and 23 WHEREAS, the Court also ruled that the City must adopt a timeline for 24 implementation of necessary additional amendments to the General Plan in order to 25 comply with California Government Code section 65583(c). 26 27 28 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 2 Carlsbad, California, as follows: 3 1. That the above recitations are true and correct. 4 2. That the City Council declares its intention to amend Program 2.1 of the 5 2005-2010 Housing Element "Objectives and Time Frame" to provide updated timelines for implementation of the actions set forth therein regarding adequate sites, all to be 6 accomplished within the extended 2005-2010 housing element cycle. 7 3. That the Planning Director is directed to prepare recommendations for updated timelines for implementation of the actions regarding adequate sites set forth in 8 the Housing Element, to be accomplished within the extended 2005-2010 housing element cycle. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of April, 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATT tf ALL, Mayor M. WOOD, City Clerk'