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Home My WebLink About2011-12-07; Planning Commission; Resolution 6848PLANNING COMMISSION RESOLUTION NO. 6848 6 9 12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING A 4 DETERMINATION THAT THE PROJECT IS WITHIN THE 5 SCOPE OF A MITIGATED NEGATIVE DECLARATION PREVIOUSLY ADOPTED FOR THE 2005-2010 HOUSING ELEMENT (GPA 03-02) AND RECOMMENDING APPROVAL 7 OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO IMPLEMENT A PORTION OF HOUSING ELEMENT PROGRAM 2.1 BY THE ESTABLISHMENT OF A NEW MINIMUM DENSITY IN THE 10 RESIDENTIAL MEDIUM-HIGH DENSITY (RMH) AND 11 RESIDENTIAL HIGH DENSITY (RH) LAND USE DESIGNATIONS. CASE NAME: H.E. PROGRAM 2.1 - MINIMUM 13 DENSITIES 14 CASE NO: GPA 10-03 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 16 ly with the City of Carlsbad; and 1^ WHEREAS, said verified application constitutes a request for a General Plan 19 2Q Amendment as shown on Exhibit "X" dated December 7, 2011, attached hereto and on file in 21 the Carlsbad Planning Department, H.E. PROGRAM 2.1 - MINIMUM DENSITIES - GPA 22 22 10-03, as provided in Govemment Code Section 65350 et, seq. and Section 21,52.150 of the 24 Carlsbad Municipal Code; and 25 26 27 noticed public hearing as prescribed by law to consider said request; 28 WHEREAS, the Planning Commission did, on December 7, 2011, hold a duly 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 tme and correct. ^ B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of H.E. PROGRAM 2.1 - MINIMUM 3 DENSITIES - GPA 10-03, based on the following findings: ^ Findings: 5 6 1. That the proposed General Plan Amendment GPA 10-03 is necessary to implement Program 2.1 of the General Plan's Housing Element. Furthermore, the proposed ^ General Plan Amendment is consistent with the following Housing Element goals and policies: 9 Goal 2 - New housing developed with diversity of types, prices, tenures, densities 10 and locations, and in sufficient quantity to meet the demand of anticipated City and 11 regional growth. 12 Policv 2.1 - Ensure sufficient developable acreage in all residential densities to 13 provide varied housing types for households in all economic segments. 14 Policv 2.2 - Allow development of sufficient new housing to meet Carlsbad's share of the regional bousing need for 2005-2010 (subsequently extended to 2013) as 16 determined by SANDAG and consistent with this Housing Element. 17 The proposed amendment does not affect or conflict with any General Plan 18 regulations, land use designations or policies with which development must comply. 19 20 The Planning Commission has determined that: 21 a. the project is a subsequent activity of the 2005-2010 Housing Element, for which 22 a Mitigated Negative Declaration was previously adopted; ^•^ b. the project is consistent with the 2005-2010 Housing Element cited above; 24 25 c. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and 26 27 d. none of the circumstances requiring a Subsequent EIR, Mitigated Negative Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist. PC RESO NO. 6848 -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, Califomia, held on December 7, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, Schumacher and Siekmann NOES: Commissioner Scully ABSENT: ABSTAIN: STEPHEN^XF' L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6848 -3- Land Use Element Exhibit "X" December 7, 2011 d. Medium-High Density fRMH): Medium-high density residential areas intended to be developed with two-family dwellings and multiple-family dwellings, as well as one- family dwellings (developed as two or more detached units on one lot) at a density 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 designation. e. High Density fRH): High-density residential areas intended to be developed with two- family and multiple-family dwellings, as well as one-family dwellings (developed as two or more detached units on one lot) at a density between 15 to 23 dwelling units per acre. Certain areas of the City designated for planned communities may have several residential desig- nations or combinations of residential designa- tions. To accommodate good design and plan- ning, 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 (GMCP) in Table 2 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 necessary public facilities required by the City's Growth Management Program 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. Table 2: ALLOWED DWELLING UNITS PER ACRE General Plan Land Use Designation Minimum GMCP RHNA Base* Maximum RL 0 1.0 1.0 1.5 RLM 0 3.2 3,2 4,0 RM 4 6.0 6.0 8,0 RMH 8 11.5 12,0 15,0 RH 15 19,0 20,0 23.0 * RHNA Base, discussed below, does not apply to RH designated properties in the Beach Area Overlay Zone. In the Beach Area Overlay Zone, the minimum and GMCP densities shall apply. The residential land use designations in Table 2 indicate MAXIMUM development unit yields. To meet the General Plan goals and objectives, including, but not limited to population goals and environmental considerations, the ACTUAL yield may be less than maximum potentials, but not less than the minimum density of the underlying land use designation; except, density may be approved below the minimum of the density range in the following circumstances: a. When a single, one-family dwelling is constructed on a legal lot that existed as of October 28, 2004. b. When a single, one-family dwelling is constructed on a lot that was created by consolidating two legal nonconforming lots into one lot (this only applies to lots that are nonconforming in lot area). c. When a legal tot is developed with one or more residential units that existed as of October 28, 2004; provided, the existing units are to remain and it is not feasible to construct the number of additional units Page 14 Amended September 14, 2010 Land Use Element needed to meet the minimum density without requiring the removal of the existing units. Pursuant to California Govemment Code Section 65863, the City shall not by administrative, quasi- judicial, or legislative action, reduce, require or permit the reduction of residential density on any parcel to a density below that which was utilized by the California Department of Housing and Community Development in determining compliance with housing element law. For purposes of complying with Government Code Section 65863, the Regional Housing Needs Assessment (RHNA) Base density for each of the General Plan residential Land Use designations listed in Table 2 above was utilized to determine compliance with housing element law in the 2005- 2010 Housing Element As such, the City shall not reduce, require, or permit the reduction of residential density on any parcel below its RHNA Base density unless, the City makes written findings supported by substantial evidence of both of the following: a. The reduction is consistent with the adopted general plan, including the housing element b. The remaining sites identified in the housing element are adequate to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584, or the reduction is necessary to ensure compliance with the dwelling unit limitations set forth in the City's Growth Management Program. As noted in Table 2, the RHNA Base density does not apply to RH designated properties in the Beach Area Overlay Zone. In the Beach Area Overlay Zone, the minimum and GMCP densities shall apply. If a reduction in residential density for any parcel would result in the remaining sites identified in the housing element not being adequate to accommodate the City's share of the regional housing need, the City may reduce the density on that parcel provided it identifies sufficient additional, adequate, and available sites with an equal or greater residential density so that there is no net loss of residential unit capacity. The City shall be solely responsible for compliance with Government Code Section 65863, unless a project applicant requests in his or her initial application, as submitted, a density that would result in the remaining sites in the housing element not being adequate to accommodate the City's share of the regional housing need. In that case, the City may require the project applicant to comply with Government Code Section 65863. For the purposes of determining or requiring compliance with Government Code Section 65863, the submission of an application does not depend on the application being deemed complete or being accepted by the City, Government Code Section 65863 does not apply to parcels that, prior to January 1, 2003, were either 1) subject to a development agreement, or 2} parcels for which an application for a subdivision map had been submitted. 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 40%; 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. 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. 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. Page 15 Amended September 14, 2010