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Home My WebLink About2008-05-13; City Council; NS-889; Density Bonus amendment suggested modifications...1 ORDINANCE NO. NS-889 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AMENDING SECTIONS OF CHAPTERS 21.85 AND 21.86 OF THE MUNICIPAL CODE, 4 THEREBY ACCEPTING AND ADMINISTERING THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED 5 MODIFICATIONS TO LCPA 04-17 (DENSITY BONUS AMENDMENT). 6 CASE NAME: DENSITY BONUS AMENDMENT SUGGESTED MODIFICATIONS 7 CASE NO.: ZCA 04-1OA/LCPA 04-17A 8 WHEREAS, the Planning Commission did on February 1, 2006, hold a duly 9 noticed public hearing as prescribed by law to consider Zone Code Amendment (ZCA 04-10) and Local Coastal Program Amendment (LCPA 04-17), and adopted Planning Commission Resolutions No. 5879 and 5880 recommending to the City Council that ZCA 04-10 and LCPA 12 04-17 be approved; and 13 WHEREAS, the City Council did on March 21, 2006, hold a duly noticed public 14 hearing as prescribed by law to consider said ZCA 04-10 and LCPA 04-17, and introduced 15 Ordinance No. NS-794 to approve ZCA 04-10, and adopted Resolution No. 2006-065, 16 approving LCPA 04-17, the effective date of which was subject to Coastal Commission approval of said LCPA; andlo 19 WHEREAS, the City Council did on March 28, 2006, adopt Ordinance No. NS- 20 794, approving ZCA 04-10, the effective date of which within the coastal zone was subject to 21 Coastal Commission approval of LCPA 04-17; and 22 WHEREAS, on March 6, 2008, the California Coastal Commission approved 23 LCPA 04-17 with suggested modifications; and 24 WHEREAS, accepting and administering the California Coastal Commission's 25 suggested modifications, as set forth in this ordinance, is necessary to comply with the 9fi California Coastal Act and California Administrative Code; and 27 WHEREAS, the California Coastal Commission suggested modifications are 28 clarifications of the City's proposed zone amendments rather than further amendments as 1 City's Planning Commission. described in Government Code Section 65833 and do therefore not require further review by the 2 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 4 follows: 5 SECTION 1: That Section 21.85.100 of the Carlsbad Municipal Code, as 6 previously approved pursuant to Ordinance No. NS-794, is modified to read as follows: 7 21.85.100 Offsets to the cost of affordable housing development. A. The city shall consider making offsets available to developers when necessary to 9 enable residential projects to provide a preferable product type or affordability in excess of the requirements of this chapter. B. Offsets will be offered by the city to the extent that resources and programs for this purpose are available to the city and approved for such use by the city council, and to the extent that the residential development, with the use of offsets, assists in achieving the city's 12 housing goals. To the degree that the city makes available programs to provide offsets, developers may make application for such programs. 13 C. Evaluation of requests for offsets shall be based on the effectiveness of the offsets in achieving a preferable product type and/or affordability objectives as set forth within 14 the housing element; the capability of the development team; the reasonableness of development costs and justification of subsidy needs; and the extent to which other resources 15 are used to leverage the requested offsets. D. Nothing in this chapter establishes, directly or through implication, a right to 16 receive any offsets from the city or any other party or agency to enable the developer to meet the obligations established by this chapter. E. Any offsets approved by the city council and the housing affordability to be achieved by use of those offsets shall be set out within the affordable housing agreement pursuant to Section 21.85.140 or, at the city's discretion in a subsequent document. F. Developers are encouraged to utilize local, state or federal assistance, when available, to meet the affordability standards set forth in Sections 21.85.030 and 21.85.040. 20 G. For development located in the coastal zone, any offset provided pursuant to this section shall be consistent with the applicable provisions of the certified Carlsbad Local Coastal 21 Program Land Use Plan(s), with the exception of density. 22 SECTION 2: That Section 21.86.020.A.17 of the Carlsbad Municipal Code, as 23 previously approved pursuant to Ordinance No. NS-794, is modified to read as follows: 24 17. "Maximum allowable residential density" means the maximum density of the density range allowed by the residential general plan designation(s) applicable to a project site. 25 All environmentally constrained lands identified as undevelopable in the general plan, local coastal program, and zoning ordinance shall be excluded from the total area of the project site 26 when calculating maximum density. 27 SECTION 3: That Section 21.86.120 of the Carlsbad Municipal Code, as 28 previously approved pursuant to Ordinance No. NS-794, is modified to read as follows: 21.86.120 Findings for approval. -2- A. When a project involves a request for a density bonus, incentive(s) or 2 concession(s), the following findings shall be made as part of the approval of the development application(s) required for the project: 3 1. The project is consistent with the provisions of this chapter. 2. The requested incentive(s) or concession(s) will result in identifiable, financially 4 sufficient, and actual cost reductions; 3. In cases where an applicant requests a waiver or reduction of development 5 standards, pursuant to section 21.86.060, the requested waiver or reduction of development standard(s) is necessary to make the housing units economically feasible. 6 4. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development standards, if any, will not result in an adverse impact, as defined in paragraph (2) 7 of subdivision (d) of Section 65589.5 of the California Government Code, to the public health and safety, the environment, or on any real property that is listed in the California Register of Historical Resources; or, if the request will result in an adverse impact, then the request may be approved if the following finding is made: 9 a. There is no feasible method to satisfactorily mitigate or avoid the specific adverse 1Q impact. 5. In cases where an applicant requests to convert apartment units to condominiums, the condominium conversion project shall not result in a reduction in the affordable housing stock for lower-income groups, as of most recent inventory. 12 6. For development located in the coastal zone, the requested density bonus, and any requested incentive(s), concessions(s), and/or waivers or reduction(s) of development 13 standards, are consistent with all applicable requirements of the certified Carlsbad Local Coastal Program Land Use Plan(s), with the exception of density. 14 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 15 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 16 published at least once in a publication of general circulation the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effectivelo until approved by the California Coastal Commission.) 20 " 21 // 22 // 23 // 24 // 25 // 26 „ 27 // 28 -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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 6th day of May. 2008, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of May. 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney ATTEST: LQfRRAINEM W /SEAL) £lCxJL/L<*~<i< Cit/Cle^^u /^'"'"y^i