HomeMy WebLinkAbout2016-09-21; Planning Commission; Resolution 71981
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PLANNING COMMISSION RESOLUTION NO. 7198
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING
ORDINANCE AMENDMENT AND A LOCAL COASTAL PROGRAM
AMENDMENT TO AMEND THE CITY'S ZONING ORDINANCE TO MAKE THE
CITY'S DENSITY BONUS REGULATIONS CONSISTENT WITH STATE LAW.
CASE NAME: DENSITY BONUS AMENDMENT
CASE NO: ZCA 16-02/LCPA 16-01
WHEREAS, the City Planner has prepared a proposed Zoning Ordinance Amendment
pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: amend the city's Zoning Ordinance to
make the city's density bonus regulations consistent with state law; and
WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as
provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title
14, Division 5.5; and
WHEREAS, the proposed Zoning Ordinance Amendment and Local Coastal Program
Amendment are set forth in the draft City Council Ordinance, Exhibit "A" dated September 21, 2016, and
attached hereto DENSITY BONUS AMENDMENT-ZCA 16-02/LCPA 16-01; and
WHEREAS, State Coastal Guidelines requires a six-week public review period for any
amendment to the Local Coastal Program; and
WHEREAS, the Planning Commission did on September 21, 2016, hold a duly noticed
public hearing as prescribed by law to consider said request for a proposed Zoning Ordinance Amendment
and Local Coastal Program Amendment; 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 Zoning Ordinance Amendment and Local Coastal Program Amendment.
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.
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B)
C)
At the end of the state-mandated six-week review period for the Local Coastal Program
Amendment, starting on August 23, 2016 and ending on October 4, 2016 staff shall
present to the City Council a summary of the comments received.
That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of DENSITY BONUS AMENDMENT-ZCA 16-02/LCPA 16-01,
based on the following findings:
Findings:
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2.
3.
4.
That the proposed Zoning Ordinance Amendment ZCA 16-02 is consistent with the General Plan
in that the proposed amendments implement General Plan Housing Element Program 3.3,
which requires the city to ensure consistency with state density bonus law. The amendments
are also consistent with the Mobility Element Goal 3-G.4 to "manage parking to support all
modes of transportation and ensure efficient use of land." Furthermore, the amendments do
not conflict with any other goal, objective, or policy of the General Plan.
That the proposed Zoning Ordinance Amendment reflects sound principles of good planning.
That the proposed Local Coastal Program Amendment meets the requirements of, and is in
conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the
Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments
ensure consistency with the Carlsbad Zoning Ordinance and state density bonus law, and does
not conflict with any coastal zone regulations, land use designations or policies, with which
development must comply.
That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into
consistency with the proposed Zoning Ordinance Amendment (ZCA 16-02).
PC RESO NO. 7198 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, held on September 21, 2016, by the following vote, to wit:
AYES: Commissioners Black, Goyarts, L'Heureux, Segall and Siekmann
NOES: Chairperson Anderson
ABSENT: Commissioner Montgomery
ABSTAIN:
VEL YN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
12 A[.-A.a
13 DON NEU
City Planner
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PC RESO NO. 7198 -3-
as follows:
ORDINANCE NO.
Exhibit A
September 21, 2016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO
MAKE THE CITY'S REGULATION OF DENSITY BONUSES CONSISTENT WITH
STATE LAW.
CASE NAME:
CASE NO.:
DENSITY BONUS AMENDMENT
ZCA 16-02/LCPA 16-01
The City Council of the City of Carlsbad, California, ordains as follows:
SECTION 1: That Section 21.86.090 of the Carlsbad Municipal Code is amended to read
21.86.090 Density bonus housing standards.
A. Required target dwelling units shall be constructed concurrent with market-rate
dwelling units unless both the final decision-making authority of the city and the developer/applicant
agree within the density bonus housing agreement to an alternative schedule for development.
B. Whenever feasible, target dwelling units and density bonus dwelling units should be
built on-site (within the boundary of the proposed development) and, whenever reasonably possible,
be distributed throughout the project site.
C. Whenever feasible, target dwelling units should be located on sites that are in proximity
to, or will provide access to, employment opportunities, urban services, or major roads or other
transportation and commuter rail facilities (i.e., freeways, bus lines) and that are compatible with
adjacent land uses.
D. Whenever feasible, target dwelling units should vary in size and number of bedrooms,
in response to affordable housing demand priorities of the city.
E. Density bonus projects shall comply with all applicable development standards, except
those which may be modified as an incentive or concession, or as otherwise provided for in this chapter.
In addition, all units must conform to the requirements of the applicable building and housing codes.
The design of the target dwelling units shall be reasonably consistent or compatible with the design of
the total project development in terms of appearance, materials and finished quality.
F. No building permit shall be issued, nor any development approval granted, for a
development which does not meet the requirements of this chapter. No target dwelling unit shall be
rented or sold except in accordance with this chapter.
G. Upon the request of the applicant, the parking ratio (inclusive of handicap and guest
parking) for a housing development that conforms to the requirements of Section 21.86.040(A) of this
chapter shall not exceed the ratios specified in Table E or as noted, below. If the applicant does not
request the parking ratios specified in this section or the project does not conform to the requirements
of Section 21.86.040(A) of this chapter, the parking standards specified in Chapter 21.44 of this code
shall apply.
Exhibit A
September 21, 2016
1. If a development includes the maximum percentage of low-or very low income units
provided for in Section 21.86.040(A) and is located within one-half mile of a major transit stop, as
defined in the state Public Resources Code (subdivision (b) of Section 21155 }, and there is unobstructed
access to the major transit stop from the development, then, upon the request of the developer, the
city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds
0.5 spaces per bedroom. For purposes of this subsection, a development shall have unobstructed
access to a major transit stop if a resident is able to access the major transit stop without encountering
natural or constructed impediments.
2. If a development consists solely of rental units, exclusive of a manager's unit or units,
with an affordable housing cost to lower income families, as provided in state Health and Safety Code
(section 50052.5}, then, upon the request ofthe developer, the city shall not impose a vehicular parking
ratio, inclusive of handicapped and guest parking, that exceeds the following ratios:
a. If the development is located within one-half mile of a major transit stop, as
defined in state Public Resources Code (subdivision (b) of Section 21155}, and there is unobstructed
access to the major transit stop from the development, the ratio shall not exceed 0.5 spaces per unit.
b. If the development is a for-rent housing development for individuals who are 62
years of age or older that complies with state Civil Code (sections 51.2 and 51.3}, the ratio shall not
exceed 0.5 spaces per unit. The development shall have either paratransit service or unobstructed
access, within one-half mile, to fixed bus route service that operates at least eight times per day.
c. If the development is a special needs housing development, as defined in state
Health and Safety Code (section 51312}, the ratio shall not exceed 0.3 spaces per unit. The development
shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route
service that operates at least eight times per day.
3. If the total number of parking spaces required for a development is other than a whole
number, the number shall be rounded down to the next whole number.
4. For purposes of this section, a housing development may provide "on-site" parking
through tandem parking or uncovered parking, but not through on-street parking.
5. The applicant may request parking incentives or concessions beyond those provided in
this section, subject to the findings specified in Section 21.86.050(A}(2) of this chapter.
6. Notwithstanding subsections G.1 and G.2 of this section, if the city or an independent
consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then
the city may impose a higher vehicular parking ratio not to exceed the ratio described in Table E, based
upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of
parking availability, differing levels of transit access, walkability access to transit services, the potential
for shared parking, the effect of parking requirements on the cost of market-rate and subsidized
developments, and the lower rates of car ownership for low-and very low income individuals, including
seniors and special needs individuals. The city shall pay the costs of any new study. The city shall make
findings, based on a parking study completed in conformity with this paragraph, supporting the need
for the higher parking ratio.
Table E
Exhibit A
September 21, 2016
Parking Ratio for Housing Developments
Dwelling Unit Size On-Site Parking Ratio
0-1 bedrooms 1 space per unit
2-3 bedrooms 2 spaces per unit
4 or more bedrooms 2.5 spaces per unit
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper 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 , 2016, and thereafter
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Exhibit A
September 21, 2016
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ___ day of ______ _, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATI HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)