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HomeMy WebLinkAbout2011-12-07; Planning Commission; Resolution 6849PLANNING COMMISSION RESOLUTION NO. 6849 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ^ APPROVAL OF A ZONE CODE AMENDMENT TO SUB- 5 SECTION 21.53.230(e) OF THE ZONING ORDINANCE TO IMPLEMENT A PORTION OF HOUSING ELEMENT PROGRAM 2.1 BY THE ESTABLISHMENT OF A NEW MINIMUM DENSITY IN THE RESIDENTIAL MEDIUM-HIGH DENSITY (RMH) AND RESIDENTIAL HIGH DENSITY (RH) LAND USE DESIGNATIONS. CASE NAME: H.E. PROGRAM 2.1 - MINIMUM 10 DENSITIES 11 CASE NO: ZCA 10-04 18 19 20 28 WHEREAS, the Plarming Director has prepared a proposed Zone Code 12 13 14 Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code relating to Sub- section 21.53.230(e) of the Zoning Ordinance; and 16 ly WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit "Y" dated, December 7, 2011, and attached hereto H.E. PROGRAM 2.1 - MINIMUM DENSITIES - ZCA 10-04; and 21 WHEREAS, the Planning Commission did on December 7, 2011, hold a duly 22 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 26 27 relating to the Zone Code Amendment. and arguments, if any, of all persons desiring to be heard, said Commission considered all factors NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are tme and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of H.E. PROGRAM 2.1 - MINIMUM DENSITIES - ZCA 10-04, based on the following findings: 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 Findings: 1. That the proposed Zone Code Amendment ZCA 10-04 is consistent with the General Plan in that the proposed amendment does not conflict with any goal, objective or policy of the General Plan and implements Program 2.1 of the General Plants Housing Element. Furthermore, the proposed Zone Code Amendment is consistent with the following Housing Element goals and policies: Goal 2 - 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. Policv 2.1 - Ensure sufficient developable acreage in all residential densities to provide varied housing types for households in all economic segments. Policy 2.2 - Allow development of sufficient new housing to meet Carlsbad's share of the regional housing need for 2005-2010 (subsequently extended to 2013) as determined by SANDAG and consistent with this Housing Element. 2. That the proposed ZCA reflects sound principles of good planning in that it is consistent with the General Plan and ensures internal consistency with the procedures and standards of the other provisions of the Zoning Ordinance that are not proposed for amendment. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on December 1, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, Schumacher and Siekmarm NOES: Commissioner Scully ABSENT: ABSTAIN: STEPHEN^AP" L'HEtJREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6849 -2- Exhibit "Y" December?, 2011 1 ORDINANCE NO. 19 20 21 22 24 25 26 27 28 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO AMEND CHAPTER 21.53 OF THE ZONING ORDINANCE TO IMPLEMENT A PORTION OF HOUSING 4 ELEMENT PROGRAM 2.1 BY THE ESTABLISHMENT OF A NEW MINIMUM DENSITY IN THE RESIDENTIAL MEDIUM-HIGH 5 DENSITY (RMH) AND RESIDENTIAL HIGH DENSITY (RH) LAND USE DESIGNATIONS. 6 CASE NAME: H.E. PROGRAM 2.1 - MINIMUM DENSITIES CASE NO.: ZCA 10-04 7 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That sub-section 21.53.230(e) (Uses Generally, Residential density 9 calculations, residential development restrictions on open space and environmentally sensitive 10 lands) is amended to read as follows: 11 (e) The potential unit yield for a property, based on the minimum, growth 12 management control point (GMCP), Regional Housing Needs Assessment (RHNA) Base, or maximum density of the applicable general plan land use designation, shall be subject to the 1^ following: 14 (1) Equation used to determine unit yield: developable lot area (in acres) x density = unit yield. 15 (A) "Density" used in this calculation is the minimum, GMCP, RHNA Base, or maximum density of the applicable general plan land use designation; 1^ (B) The resulting unit yield shall be subject to Table A, below. ^ ^ (2) For purposes of this section: (A) "Rounded-up" means rounding the fractional unit yield up to the next whole unit; and (B) "Rounded-down" means rounding the fractional unit yield down to the previous whole unit, but not less than one unit. (3) The information contained in Table A, below, shall not preclude the city from 23 approving residential densities above the GMCP, RHNA Base, or maximum density of the applicable land use designation, subject to adopted city policies and regulations. /// /// /// /// 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 TABLE A UNIT YIELD ROUNDING Density Used for Calculation Unit Yield Includes a Provisions for Unit Yield Rounding MINIMUM fractional unit of .5 or greater SHALL be rounded-up. ^ MINIMUM fractional unit below .5 MAY be rounded-down. ^ GMCP fractional unit of .5 or greater MAY be rounded-up. ^ GMCP fractional unit below .5 SHALL be rounded-down. RHNA Base" fractional unit of .5 or greater SHALL be rounded-up. RHNA Base" fractional unit below .5 SHALL be rounded-down. ^ MAXIMUM fractional unit SHALL be rounded-down. Notes: 1) Unless the project density is allowed below the minimum of the density range, pursuant to the General Plan. 2) Unit yields rounded-down pursuant to this provision that result in a density below either the minimum density or the RHNA Base density of the applicable land use designation shall be considered consistent with the General Plan. See footnote 4 for the limitations on applying the RHNA Base density. 3) Subject to a fractional and/or whole unit allocation from the "excess dwelling unit bank" and provided the maximum density of the applicable land use designation is not exceeded. 4) The RHNA Base section in Table A does not apply to RH General Plan land use designations in the Beach Area Overlay Zone. In the Beach Area Overlay Zone, the minimum and GMCP densities shall apply. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2012, and thereafter. /// /// /// /// -2- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2012, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 9 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM AND LEGALITY 10 RONALD R. BALL, City Attorney 11 12 13 14 15 MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk ^"^ (SEAL) -3-