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HomeMy WebLinkAbout2012-09-05; Planning Commission; Resolution 6905 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING (1) APPROVAL OF AN AMENDMENT TO THE VILLAGE MASTER PLAN AND DESIGN MANUAL TO RAISE THE MINIMUM DENSITIES OF ALL LAND USE DISTRICTS IN THE CARLSBAD VILLAGE AREA AND TO ADD A STATEMENT ENCOURAGING LOT CONSOLIDATION PER 2005-2010 HOUSING ELEMENT PROGRAM 2.1 AND (2) THAT THE AMENDMENT IS WITHIN THE SCOPE OF THE MITIGATED NEGATIVE DECLARATION PREVIOUSLY ADOPTED FOR THE 2005-2010 HOUSING ELEMENT. CASE NAME: VILLAGE MINIMUM DENSITIES CASE NO: MP 12-01/LCPA 95-10(C) WHEREAS, the City of Carlsbad has filed a verified application to amend the Village Master Plan and Design Manual that constitutes a request for a Master Plan Amendment and a Local Coastal Program Amendment as shown on Exhibit “A” dated September 5, 2012, attached hereto, as provided in Zoning Ordinance Section 21.35.150 and Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5, respectively; and WHEREAS, the Village Master Plan and Design Manual and the ordinances that implement it serve as the Local Coastal Plan for the Village segment of the Carlsbad Local Coastal Program and also regulate land use for properties outside the Coastal Zone that are within the boundaries of the Village Area; and WHEREAS, said verified application implements a part of Program 2.1, Adequate Sites, of the City of Carlsbad 2005-2010 Housing Element (extended through 2012) that calls for the city to raise the minimum residential densities for all land use districts of the Village Area and encourage lot consolidation; and WHEREAS, state housing law, as expressed in Government Code Section 65583(c), requires cities to remove governmental constraints and identify sites to facilitate and encourage the development of a variety of housing for all income levels; and PLANNING COMMISSION RESOLUTION NO. 6905 PC RESO NO. 6905 -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 WHEREAS, the Planning Commission did on September 5, 2012, 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 Master Plan Amendment and Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State-mandated six-week review period for LCPA 95-10(C), starting on July 20, 2012, and ending on August 31, 2012, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGE MINIMUM DENSITIES – MP 12-01/LCPA 95-10(C) based on the following findings: Findings: 1. The project to amend the Village Master Plan and Design Manual meets the requirements of and is in conformity with the policies of Chapter 3 of the Coastal Act in that the amendment raises minimum residential densities for all Village land use districts and encourages lot consolidation, proposes no development or new land uses, and does not change or conflict with Coastal Act requirements, such as protection of biological resources and public views, with which development in the coastal zone must comply. 2. The project does not require changes to and is consistent with the implementing ordinances of the Village segment, including Zoning Ordinance chapters 21.35, 21.41 and 21.81, which contain permit requirements, review procedures, and sign standards. 3. The project is consistent with General Plan Land Use Element Residential Goal A.1 to provide a variety of housing types and density ranges to meet the diverse economic requirements of residents, among other things; the amendment is also consistent with a General Plan Land Use Element Village Goal A.4 to encourage a variety of complimentary uses, including residences, to enhance the Village as a place to live. PC RESO NO. 6905 -3- 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 4. The project is required to bring the Village Master Plan and Design Manual into consistency with the General Plan Housing Element Program 2.1, which establishes objectives of amending the Village Master Plan and Design Manual to raise minimum residential densities of all Village land use districts and encourage lot consolidation. 5. By establishing minimum densities and encouraging lot consolidation consistent with Housing Element Program 2.1, the project complies with Government Code Section 65583(c), which requires cities to remove governmental constraints and identify sites to facilitate and encourage the development of a variety of housing for all income levels. 6. The project furthers Housing Element Goal 3, which encourages sufficient new, affordable housing opportunities to meet the needs of current and future lower income households throughout Carlsbad. 7. The project is consistent with Village Master Plan and Design Manual goals and objectives to establish the Village as a quality living environment (Goal 1) and stimulate new development (Goal 3) through increasing the number, quality, diversity and affordability of housing within the Village (Objective 1.8), increasing the intensity of development (Objective 3.3) and recognizing the unique small lot conditions within the Village Area (Objective 3.1). 8. The Planning Commission has determined that: a. The project is a subsequent activity of the 2005-2010 Housing Element, for which a Mitigated Negative Declaration (GPA 03-02, SCH #2006051076) was previously adopted; b. The project is consistent with the 2005-2010 Housing Element cited above; c. The project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and d. None of the circumstances requiring a Subsequent EIR, Mitigated Negative Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist. 9. LCPA 95-10(C) shall not be effective within the Coastal Zone until approved by the California Coastal Commission and until such approval becomes effective. . . . . . . . . . . . . . . . EXHIBIT A SEPTEMBER 5, 2012 Amendment to the Carlsbad Village Master Plan and Design Manual LCPA 95-10(C) – Village Minimum Densities (Underline means text proposed to be added and strikeout means text proposed to be deleted) Proposed changes affect the Universal Standards section of Chapter 3, Development Standards, by amending existing “Residential Density” provisions and adding a new “Lot Consolidation” section as follows: Residential Density The properties within the Village Area do not have a residential density assigned to them for Growth Management Program compliance purposes. Therefore, the minimum and maximum densities for development that includes residential within the Village Area are set forth herein. For Land Use Districts 1-4 of the Village Area, the minimum density shall be 28 dwelling units per acre and the maximum density permitted for a development that includes residential shall be 35 dwelling units per acre. For Land Use Districts 5-9, the minimum density shall be 18 dwelling units per acre and the maximum density for a development that includes residential shall be 23 dwelling units per acre. The minimum density for all land use districts with development that includes residential in the Village Area shall be 15 dwelling units per acre. A density bonus may be granted in accordance with Chapter 21.86 of the Carlsbad Municipal Code to exceed the maximum densitiesy noted above. A density increase may also be granted, on a case-by- case basis, for the purposes of providing affordable housing for low and/or moderate income households and/or when an applicant can provide acceptable evidence to the City Council that the density increase is necessary in order for the development to qualify for silver level or higher LEED Certification, or a comparable green building rating, and assist in maintaining the financial feasibility of the development and/or when the City Council determines that a project has significant public benefit or assists in meeting the goals and objectives set forth within the Village Master Plan. To approve a density above the maximums set forth herein, the following findings must be made by the City Council: 1. That the project will provide sufficient additional public facilities for the density in excess of the maximum permitted to ensure that the adequacy of the City’s public facilities plans will not be adversely impacted. 2. That there have been sufficient developments approved in the quadrant at densities below their maximum densities Growth Management Control Points so the approval will not result in exceeding the quadrant limit. 3. That all necessary public facilities 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. EXHIBIT A SEPTEMBER 5, 2012 The minimum residential density for the Village shall be 15 18 or 28 dwelling units per acre, as noted above. Pursuant to California Government Code Section 65863, the city utilized these minimum densities23 dwelling units to an acre in the Village for purposes of determining the adequacy of sites to provide for affordable housing in its 2005-2010 Housing Element. As a result, to approve a development that includes residential density below either minimum23 dwelling units per acre, the following findings must be made by the City Council: 1. The reduction is consistent with the adopted General Plan, including the Housing Element. 2. 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. In future Housing Elements, the density may be revised as appropriate and this section of the Village Master Plan and Design Manual shall be revised by reference accordingly. In no case shall the residential density be below the minimum of 15 dwelling units per acre. , Pursuant to City Council Policy No. 43, Aall housing located in the Village Area qualifies for, and requires, an allocation of excess units from the Proposition E “Excess Dwelling” Unit Bank. The criteria for withdrawing units from the Excess Dwelling Unit Bank are contained in City Council Policy No. 43. Lot Consolidation Because there are generally very small lots within the Village Area, it is often difficult to develop them in a financially feasible manner without lot consolidation. As a general policy, the City encourages lot consolidation within the Village Area and will assist developers, builders, and property owners to identify potential sites for consolidation as needed.