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HomeMy WebLinkAbout1992-07-14; City Council; 11797; AMENDMENT TO TITLE 21 - CONSIDERATION OF AFFORDABLE HOUSING PROJECTED VIA SITE DEVELOPMENT PLAN PROCEDURES - ZCA 92-02AB # /J 797 TITLE: AMENDMENT TO TITLE 21 - CONSIDERATION DEPT. PLN OF AFFORDABLE HOUSING PROJECTED VIA SITE DEVELOPMENT PLAN PROCEDURES - ZCA 92-2. MTG. 7/14/92 D C C b c\l I 0 cn z a, ; el 4 F1 a k 0 a a a 0 k CI F1 a s .ti 2 0 m c\l m 0 z I hl g -4 u rl 3 0 2 a a, u a 0 a cd 4 *r( cn 2 3 0 u z NO m+ '0 24 ---J -0 2 3 0 0 CITY* CARLSBAD - AGEND~ILL RECOMMENDED ACTION: Both staff and the Planning Commission are recommending thl City Council ADOPT City Council Resolution No. ci2-&L30 APP the Negative Declarati-on issued by the Planning Directoi INTRODUCE Ordinance No *, &-2.O? , APPROVING ZCA 92-2 am various chapters and sections of the Zoning Ordinance. ITEM EXPLANATION This is the first of several ordinances to implement the General Plan Housing Element. The proposed modification will allow the Planning Commissi City Council flexibility to consider special project desig affordable housing on a case by case basis. Currently no \ exists for such flexibility. By adding language to existing sections of the Zoning Ordinanc zone code amendment would allow the Planning Commission an Council to impose special conditions or requirements on Development Plan. The change would provide the City wit options for incentives for affordable housing. Special project designs resulting from this amendment woulc have to be in conformity with the General Plan and other : policies and goals of the City and would have no detrimental on public health safety and welfare. The zone code amendment was reviewed and approved by the P1 Commission on June 3, 1992. Subsequent to the Planning Comr hearing it was discovered that a phrase Itor elsewheri inadvertently omitted from four places in the ordinance purpose of the phrase is to allow both flexibilit restrictiveness to adopted policies and other sections of tl that would pertain to a proposal rather than just the provis the underlying zoning. The staff presentation and report ex] the ordinance as if the phrase was included. Therefore, staf the essential phrase "or elsewherel' to the ordinance attac this agenda bill. ENVIRONMENTAL REVIEW Future affordable housing projects must comply with this zo amendment and regulations. All such future projects will standard environmental review. Therefore, the Planning Direc determined that no significant adverse impacts will result fr proposal and has issued a Negative Declaration on April 30, 'I' 0 I), 3 7 7 0 PAGE 2 OF AGENDA BILL NO. FISCAL IMPACT There will be no adverse fiscal impacts on the City of Carls a result of this proposal. in more affordable housing within the comnnunity. Adoption of this ordinance should EXHIBITS 1. City Council Resolution No. 72- 2.Za 2. City Council Ordinance No. N S # aOb7 3. Planning Commission Resolution No. 3389 4. Staff Report dated June 3, 1992 5. Excerpts of Planning Commission Minutes dated June 3, 1 2 3 4 5 ' 7 8 9 lo 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 e 0 ORDINANCE NO. NS-207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 21.53 AND 21.04 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW THE CONSIDERATION OF STANDARDS FOR AFFORDABLE HOUSING PROJECTS. SECTION 1:: That Title 21, Chapter 21.04 Carlsbad Municipal Code is amended by the addition of 21.04.021 to read as follows: "21.04.021. Affordable Housincr. I1Affordable Housing" means housing for whi allowable housing expenses for a for-sale or rental dwelli paid by a household would not exceed 30 percent of thr monthly income for target income levels, adjusted for ho size." SECTION 2: That Title 21, Chapter 21.04 Carlsbad Municipal Code is amended by the addition of 21.04.186 to read as follows: 1121.04.186. Household - Low-Income. llLow-Income Household1I means those household! gross income is at least 50 percent but less than 80 per the median income for San Diego County as determined annu the U.S. Department of Housing and Urban Development.11 SECTION 3: That Title 21, Chapter 21.04 Carlsbad Municipal Code is amended by the addition of 21.04.187 to read as follows: "21.04.187. Household - Moderate Income. I1Moderate-Income Household1' means those hou whose gross income is at least 80 percent but less t percent of the median income for San Diego County as det annually by the U.S. Department of Housing and Development. It SECTION 4: That Title 21, Chapter 21.04 Carlsbad Municipal Code is amended by the addition of 21.04.188. 1121.04.188. Household - Very Low-Income. "Very Low--Income Householdv1 means a household - a gross income equal! to 50 percent or less of the mediar 1 2 3 4 5 6 7 8 9 10 I' 12 l3 l4 15 l6 l7 l8 l9 2o 21 22 23 24 25 26 27 28 0 0 for San Diego County as determined annually by tY Department of Housing and Urban Development." SECTION 5: That Title 21, Chapter 21.04 Carlsbad Municipal ICode is amended by the addition of 21.04.189 to read as follows: 1121.04.18Sl. Income Level - Tarqet. IlTarget Income Level" means the income stand? very low, low and mclderate income levels within San Diegc as determined annually by the U.S. Department of Hous Urban Development arid adjusted for family size." SECTION 6: That Title 21, Chapter 21.53 Carlsbad Municipal Code is amended by the amendment to 21.53.120 to read as follows: "21.53.120. Affordable housin mult residential projects - site development plan re:uired. (a) Notwithstanding anything to the contrary code, no building permit or other entitlement shall be is any multi-family residential development having more tl dwelling units or an affordable housing project of a unless a site development plan has been approved for the 1 The site development plan shall be processed pursuant to 21.06 (Q-Overlay Zone) of this code. A site development plan for a multi-family res project (not affordable) shall not be required for any processed pursuant to Chapter 21.45 of this code. (b) Multi-family residential and affordable hr Determination. The Planning Commission shall have the authc approve, conditionally approve or deny site development p a multi-family residential project or affordable housing with fifty dwelling units or less. The Planning Comm decision may be appealed to the City Council as pro\ Chapter 21.06. For projects with more than fifty un Planning Commission shall hold a public hearing and make and recommendation to the City Council. The City Counci public hearing notiiced as provided in Section 21.54. o( this code, shall approve conditionally7 sprove or deny development plan. (c) Developm andards. The developmell, i ath for III i-family residen affordable housing) shall be subject t, -he development s of the zone in which the development is located anc applicable Specific or Master Plan except for affordable projects as expressly modified by the site development pl site development plan for Affordable Housing Projects m less restrictive development standards than specified underlying zone or elsewhere provided that the projec conformity with the General Plan and adopted policies a 2 1 2 3 4 5 6 7 a 9 10 11 l2 13 l4 l5 l6 l7 l9 l8 20 EL 22 23 24 25 26 27 28 0 0 of the City, and it would have no detrimental effect on health, safety and welfare. In addition, the Planning Com or the City Council in approving a site development p: impose special conditions or requirements which ar or elsewhere that include provisions for, but are not limi the following: restrictive than the development standards in the underlyi (1) Density of use; (2) Compatibility with surrounding properties a (3) Parkinlg standards; (4) Setbacks, yards, active and passive oper uses ; required as part of the entitlement process, and recreational facilities: (5) Height and bulk of buildings; (6) Fences and walls: (7) Signs; (8) Additional landscaping; (9) Gradinjg, slopes and drainage; (10) Time period within which the project or any (11) Points of ingress and egress: ensure conformity with the General Plan and other policies, goals or objectives of the City. may require that the developer provide public improvements on or off the subject site as are needed to serve the p development or to mitigate public facilities needs or created by the project. (e) No more than fifty percent of the portion of containing twenty-five to forty percent slopes may be u for calculating allowable residential density. Resi development on slopes with an inclination of twenty-five t percent inclusive shall be designed to minimize the amc grading necessary to accommodate the project. For p within the coastal zone, the grading provisions of the c Local Coastal Program shall apply.I1 of the project shall be completed; (12) Such other conditions as deemed necess (d) In addition the Planning Commission or City SECTION 71 That Title 21, Chapter 21.04, 21.04.210 of the Carlsbad Municipal Code is amended to follows: ~ "21.04.210I IILot" means .. parcel of record legally crea subdivision map, adjustment plat, certificate of complia a parcel legally in existence prior to incorporation of into the jurisdiction of the City. Any parcel created p May 1, 1956, shall be presumed to be lawfully created parcel resulted from a division of land in which fewer th parcels were created. A lot shall have frontage that usable access on a dedicated public street or a public de easement accepted by the City. This street or easemen' 3 1 2 3 4 5 6 7 8 9 lo 'I. l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 0 a have a minimum width of thirty feet. Special lot and configurations for Affordable Housing projects may be subject to the provisions of Section 21.53.120 of this c( SECTION 8:: That Title 21, Chapter 21.06, 21.06.090 of the Carlsbad Municipal Code is amended to follows: 1121.06.090 Development standards. Property in the Q zone shall be subject development standards required in the underlying zone applicable specific plans, except for Affordable Housing F as expressly modified by the site development plan. T development plan for Affordable Housing Projects may all restrictive development standards than specified underlying zone or elsewhere provided that the project conformity with the General Plan and adopted policies an of the City, and it would have no detrimental effect on health, safety and welfare. In addition, the Planning Con or the City Council in approving a site development p impose special conditions or requirements which ar restrictive than the development standards in the underlyj or elsewhere that include provisions for, but are not limj the following: (1) Special setbacks, yards active or passi space: required as part of the enti process : (2) Special height and bulk of building regul, (3) Fences and walls: (5) Additional landscaping; (6) Special grading restrictions (7) Requiring street dedication and improveme posting of bonds): (8) Requiring public improvements either on or subject site that are needed to serv: proposed development; (9) Time period within which the project or an! of the project shall be completed; (10) Regulstion of point of ingress and egress (11) q ch ther conditions as deemed neces! su e confol-mity with the General Plan ar &,opted poli ies, goals or objectives of tl However, it is not intended that the review of t Development Plan shall lllclude aesthetic aspects such as (4) Regulation of signs; (1) Color: (2) Texture; (3) Materials; (4) Adornments. I' .*. 4 1 2 3 4 5 f3 7 8 9 lo 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 0 a EFFECTIVE DATE: This ordinance shall be ef thirty days after its adoption, and the City Clerk shall to the adoption of this ordinance and cause it to be publi least once in the Carlsbad Journal within fifteen days af adopt ion. INTRODUCED AND FIRST READ at a regular meeting Carlsbad City Council on the day of 1992, and thereafter PASSED AND ADOPTED at a regular meeting of t Council of the City of Carlsbad on the day of 1992, by the following vote, to wit: AYES: NOES : ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, Acting City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, -y Clerk 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I' 18 19 20 21 22 23 24 25 26 27 28 0 e PLANNING COMMISSION RESOLUTION NO. 3389 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO AMEND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, CHAPTERS 21.53 AND 21.04, TO ENABLE AFFORDABLE HOUSING PROJECTS TO BE CONSIDERED USING SITE DEVELOPMENT PLAN PROCEDURES. CASE NAME: CITY OF CARLSBAD CASE NO: ZCA 92-2 WHEREAS, the Planning Commission did on the 3rd day of Junc a duly noticed public heanng as prescribed by law to consider said request, WHEREAS, at said public hearing, upon hearing and considering and arguments, examining the initial study, analyzing the information submi and considering any written comments received, the Planning Commission CI factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning as follows: A) 1 B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, t Commission hereby recommends APPROVAL, of the Negative Declaratil to Exhibit "ND", dated April 30, 1992, and "PII", dated April 15, 19 hereto and made a part hereof, based on the following findings: ! FiIldiIlD: 1. The initial study shows that there is no substantial evidence that the have a significant impact on the environment. ... ... ... --- ... 1 2 3 4 5 6 7 8, 9 10 11 12 13 1* 15 16 17 e 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of Commission of the City of Carlsbad, California, held on the 3rd day of June, following vote, to wit: AYES: NOES: Chairman Erwin. ABSENT: Commissioner Schlehuber. ABSTAIN: None. Commissioners: Schramm, Noble, Welshons, Saw TOM ERWIN, Chairperson CARLSBAD PLANNING COh ATTEST: MICHAEL J. HXZMILMR PLANNING DIRECTOR i I 21 ~ 22 23 24 25 26 27 28 I I PC RES0 NO. 3389 -2- e 0 NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: CITY OF CARLSBAD PROJECT DESCRIPTION: Zone Code Amendment to Title 21 of the Carlsbad Mun Code to enable Affordable Housing Projects to be consi using Site Development Plan Procedures. The City of Carlsbad has conducted an environmental review of the above described p pursuant to the Guidelines for Implementation of the California Environmental Quali and the Environmental Protection Ordinance of the City of Carlsbad. As a result o review, a Negative Declaration (declaration that the project will not have a signi impact on the environment) is hereby issued for the subject project. Justification fc action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Pla Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments fro1 public are invited. Please submit comments in Writing to the Planning Department 7, 21 days of date of issuance. If you have any questions, please call Robert Green Planning Department at (619) 438-1 161, extension r\ DATED: APRIL 30, 1992 &/d&* & C J. HOLZM LER CASE NO: ZCA 92-2 by P1 ' g Director ' CASE NAME: CITY OF CAiRLSBAD PUBLISH DATE: APRIL 30,1992 RC:vd:lh 2075 Las Palmas Drive Carlsbad, California 92009-1 576 * (61 9) 438 e 0 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NC DATE: A E3ACKGROUND 1. CASE NAME: SDP PROCEDURES - AFFORDABLE HOUSING 2. APPLICANT: CITY OF CARLSBAD 3, ADDRESS AND PHONE NUMBER OF APPLICANT: PLANNING DEPARTMENT 2075 LAS PALMAS DRM CARLSBAD. CA 92009 4. DATE EIA FORM PART I SUBMITT'ED: N/A 5. PROJECT DESCRIPTION: AMENDMENTS TO CHAPTER 21.53 (USES GEN CHAPTER 21.04 (DEFINITIONS) OF THE ZONING 0 ENABLE AFFORDABLE HOUSING PROJECTS TO BE USING SITE DEVELOPMENT PLAN PROCEDURES. IZNVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the Ci Environmental Impact Assessment to determine if a project may have a sigmfkant effect on th The Environmental Impact Assessment appears in the following pages in the form of a checklist 8 identifies any physical, biological and human factors that might be impacted by the propo: provides the City with information to use as the basis for deciding whether to prepare an Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence tha to indicate this determination. An EIR must be prepared if the City determines that there is substantial evidence that ar project may cause a significant effect on the environment. The project may qualify Declaration however, if adverse impacts are mitigated so that environmental effects ( insihficant. These findings are shown in the checklist under the headings "YES-sig" i respectively. any of its aspects may cause a significant effect on the environment. On the checklist, "NO" * A discussion of potential impacts and the proposed mitigation measures appears at the end of DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given mitigation for impacts which would otherwise be determined sigdicant. 0 PHYSICAL m0"T 0 WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES big) (insig) 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? - - 2. Appreciably change the topography or any unique physical features? Result in or be affected by erosion of soils either on or off the site? Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or 3. - 4. any bay, inlet or lake? - - 5. Result in substantial adverse effects on ambient air quality? Result in substantial changes in air movement, odor, moisture, or temperature? 6. 7. Substanrially change the course or flow of water (marine, fresh or flood waters)? - - Affect the quantity or quality of surface water, ground water or public water supply? Substantially increase usage or cause depletion of any natural resources? Use substantial amounts of fuel or energy? 8. - 9. - 10. 11. Alter a sigdicant archeological, paleontological or historical site,. structure or object? - -2- 0 0 BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DtRECTLY OR INDIRECTLY: YES YES (sig) (insig) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants) ? - 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? - 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? - 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? 16. HUMANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES big) (big) 17. Alter the present or planned land use of an area? - - 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? - - -3- a 0 HuaVlANENvIR0"T WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES (%I (ms1g) 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. Increase existing noise levels? 21. Produce new light or glare? - 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? - - human population of an area? - - for additional housing? - 25. Generate substantial additional traffic? - 23. Substantially alter the density of the 24. Affect existing housing, or create a demand 26. Affect existing parking facilities, or create a large demand for new parking? Impact existing transportation systems or alter present patterns of circulation or 27. movement of people and/or goods? - - 23. 29. Alter waterborne, rail or air traffic? Increase traffic hazards to motor vehicles, bicyclists or pedestrians? - - 30. Interfere with emergency response plans or emergency evacuation plans? - Obstruct any scenic vista or create an 31. aesthetically offensive public view? - - existing recreational opportunities? - - 32. Affect the quality or quantity of -4- 0 0 MANDATORY FINDDJGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES big) (insig) 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods levels, threaten to eliminate a plant or of California history or prehistory. - 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the, environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and 35. the effects of probable future projects.) - 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? - -5- 0 0 DECUSSION OF ENVIRONMENTAL EVALUATION No physical alteration of the environment is associated with this project, therefore no physical, biological, or human environmental impacts will result. The zone code amendm changes the zoning ordinance to enable Affordable Housing Projects to be considered Development Plan procedures. ANALYSIS OF VIABLE ALTERNATWS TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some furure time rather than now, f> alternate sites for the proposed, and g) no project alternative. Project alternatives are required when there is evidence that the project will have a sigrufic on the environment and an alternative would lessen or mitigate those adverse impac resources Code Section 21002 forbids the approval of projects with sigdicant adverse im is defined as one which has a substantial adverse impact. If the project has "NO" sigrufic then there is no substantial adverse impact and no justification for requiring a di alternatives, (there is no alternative to no substantial adverse impact). feasible alternatives or mitigation measures can substantially lessen such impacts. A "si@ -6- 9 e DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: X I find the proposed project COULD NOT have a significant effect on the environment, a DECLARATION will be prepared. - I find that the proposed project COULD NOT have a sigrdicant effect on the environme environmental effects of the proposed project have already been considered in co previously certified environmental documents and no additional environmental revi Therefore, a Notice of Determination has been prepared. - 1 find that although the proposed project could have a significant effect on the envirom not be a significant effect in this case because the mitigation measures described on ar have been added to the project, A Conditional Negative Declaration will be proposed - I find the proposed project MAY have a significant effect on the environment, and an EW IMPACT REPORT is required. ’- I ,a- I (I- . ’ / -I -/ c3_ \- Date Signature AHTT 52----- &F,5L/b”J y- //Z irector ,&a7 Date LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE). -7- 0 0 APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURE AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature KG bd Ih -a- 0 0 STAFF REPORT DATE: JUNE 3, 1992 @ TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZCA92-2 -CITY OF CARLSBAD-SDP PROCEDURES-AFFORDABLE HOU Amendments to Chapter 21.53 (Uses Generally) and Chapter : (Definitions) of the Zoning Ordinance to enable Affordable Housing Prc to be considered using Site Development Plan Procedures. I. RECOMMENDATION The Planning Codssion ADOPT Resolution No. 3389 recommending APPROVAL ( Negative Declaration issued by the Planning Director, and ADOPT Planning Corn Resolution No. 3390, recommending APPROVAL of ZCA 92-2, based on the fin contained herein. 11. PROJECT DESCRIPTION AND BACKGROUND This zone code amendment would add language to an existing section of the Z Ordinance which would allow affordable housing projects to be considered usin; Development Plan procedures. In addition to the development standards of the zone in which the project is located, procedures would allow the Planning Commission and City Council to impose s conditions or requirements on a Site Development Plan which would address dc compatibility parking, setbacks, onsite recreation facilities, building height and landscaping, grading access or any other conditions as deemed necessary. This code modification will provide the Planning Commission and City Council flex to consider special designs for affordable housing projects on a case by case basis. is currently no vehicle to allow such flexibility of review. The amendment regulations will also provide the City with more options for incentil affordable housing in conformance with State law and the City's Housing Element. Any special project designs will have to be in conformity with the General Plan and adopted policies and goals of the City and would have no detrimental effect on health, safety and welfare. ( ZCA 92-2 - CITY OF CAk, a3 AD SDP PROCEDURES - AFFORDABLE HOUSING JUNE 3, 1992 PAGE 2 111. ENVIRONMENTAL REVIEW Future affordable housing projects must comply with this zone code amendmenl regulations. All such future projects will undergo standard environmental re Therefore, the Planning Director has determined that no significant adverse impact result from this proposal and has issued a Negative Declaration on April 30, 1992. ATTACHMENTS 1. 2. Planning Commission Resolution No. 3389 Planning Cornmission Resolution No. 3390 t1G .vd :I h April 15, 1992 4) ZCA 92-2 - CTTTi CF CARLSBAD-SDP PROCEDURES-BFFORDABLE HOGSIXG - Amendments to Chapter 21.53 (Uses Generally) and Chapter 21.04 (Definitions) of the Zoning Ordinance to enable Affordable iiousing Projects to be considered using Sits D'evelopment Plan Procedures. Robert Green, Principal PLanner, reviewed the background of the request and stated that this zone code amendment would add language to an existing section of the Zoning Ordinance which would allow. affordable housing projects to be considered using Site Development Plan (SDP) procedures. These procedures would allow the Planning Commission and City Council to impose special conditions or requirements to a SDP to address density, compatibility, parking, setbacks, onsite recreation facilities, building height and bulk, landscaping, grading access, or any other conditions as deemed necessary, on a case-by-case basis. The amendment regulations will also provide the city with more options for incentives for affordable housing in conformance with State law and the City's Housing Element. Any special Project designs will still have to be in conformity with the General Plan and other adopted policies and goals of the City and have no detrimental effect on public health, safety, and welfare. Staff recommends approval, with the proposed changes set forth by the City Att.orney in staff memo dated June 3, 1992. Chairman Erwin is concerned about the revised wording to Section 21.53.12G.(c) regarding Development Standards [page 2, line 261 which states that "...the site development plan for Affordable Housing Projects may allow less restrictive development standards than specific in the underlying zone...". ?Pi. Green replied that the Planning Commission has the ability to review projects which don't comply with the development standards of the underlying zone. The intent is to accommodate some of the densities which will come forward with affordable housing projects. Any discretionary permit is the basis for the standards for a project. This ZC.4 would provide a vehicle for flexibility to look at varyir.g the standards while still maintaining quality, functionality, public health, and safety. Chairman Emin believes that the wording is too general and may result in projects which are not in the best interests of the City. He is concerned that by the time a project reaches the Planning Commission, it is too late to make major changes without imposing a financial burden OR the applicant. Chairman Erwin opened the public testimony and issued the invitation to speak. Mike Howes, Hofman Planning Associates, 2386 Faraday, Suite 120, Carlsbad, addressed the Commission and stated that this ZCA is needed in order to achieve the State-mandated affordable housing. There are many ways to make housing affordable, i.e. fee subsidies, density increases, and a modification of standards. The economic condition at this time, however,, does not leave much in the way of funds to subsidize fees. Density bonuses aren't very useful if a project can't be built because the development standards are too stringent. All that is left is a modification of standards. It is interesting to note that most projects in the City of Carlsbad could not be built today because the standards are too restrictive. Although it is almost impossible to design an ordinance that will answer every \ MINUTE 8 0 issue, just naving an ordinance will allow a developer to begin the development process for affordable housing. Approval of this ZCA will let the development community know that the City of Carlsbad is serious about having affordable housing, Chairman Erwin inquired if Mr. Howes could speak to the generality in xording which he mentioned earlier. Yr. Howes replied that any project must firsr meet the approvai of the Fire Department and Engineering. There being no other persons desiring to addrcss the Cornmission on this topic, Chairman Erwin declared the public testimony closed and opened the item for discussiori dinong the Commission members. Commissioner Hall inquired where the safety valve will be If this ordinance is adopted. Robert Green, Principal Planner, replied that the City's current ordinance does pot consider affordable housing. He noted that staff procedures have been established to ensure that affordable housing projects will always get close scrutiny. In looking at the present standards, there needs to be suine flexibilicy or the City will never be able to achieve affordable housing. This ZCA will give the City the needed flexibility but still has the safeguards because the project must ulLimately be approved by the Planning Commission and/or City Council. Commissioner Hall is concerned because it will allow all of the standards to be varied and he thinks there may be too much discretion allowed. Mr. Green replied that each affordable housing project will receive very stringent review by staff, Planning Commission, and/or City Council. Commissioner Ha11 hopes that the pendulum doesn't swing back too far. There should always be some safeguard to preserve the quality of construction. He is concerned that this ZCA will put everything on the table and he is worried about a "worst case" scer,ario, especially since the members ot the Planning Commission and City Council change from time to time . Commissioner Schramm inqclired how many affordable housing projects staff has seen so far. Xr. Green repliad that he has seen approximately four projects. Commissioner Schramm inquired how many of the four have suggested identical modifications. Mr. Green replied that three of the projects have asked for the same standards relaxation but he is reluctant to discuss the specific projects because they are yet to come before the Commission. Commissioner Schramm suggested that perhaps some type of Planning Commission committee could be formed for an initial review of affordable housing projects. Mr. Green suggested that this may be a good topic for a future workshop. Gary Wayne noted that the workshop next Wednesday already has a full agenda but he would add this topic to the list for a subsequent workshop. Commissioner Welshons inquired if a limit of two standards modifications be allowed. Mr. Green replied that this would be very limiting to the kinds of design which may be brought forward. June 3, 1992 PLANXISG CO~ISSION Page 13 Gary Wayne, Assistant Planning Director, commented that the City has the responsibility to provide a lot of affordable housing in the next few years. forth. The Planning Commission will be required to make the Staff plans to scrutinize each project to make sure that poor projects don't come decisions. Commissioner Noble stated that he doesn't like to see government micro-macage everything. He thinks the final decision should be by the Plarning Commission and City Council. He has no problem with the ZCA. Commissioner Savary doesn't see how we can make a lot of restrictions until we have seen the project. Chairman Erwin noted that, 'most projects are 992 complete by the time they reach the Commission. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution Yo. 3407, recommending approval of the Negative Declaration issued by the Planning Director, and adopt Planning Commission Resolution No. 3408, recorntending approval of ZCA 92-3, based on the findings contained therein, including the revisions set forth in staff rnmo datsd June 3, 1992. Chairman Erwin requested that the record show he voted no because he would like to see more specifics. 5) ZCA 92-3 - CITY OF CARLSBAD-HAZARDOUS WASTE FACILITIES ddition of a new chapter to Title 21 (Chapter 21.106) a d amendments to Chapters 21.42 (Conditional Uses), 21. 0 (C-X Zone), 21.32 (M Zone). and 21.34 (P-M Zone) of t e Catlsbad Municipal Code to provide for the regula ion of hazardous waste facilities. 1 '1 Robert -i.?\ Green, h,,rincipal Planner, stated that staff is requesting a coii\nuance to June 17, 1992. Chairman Erwin open d the public testimony and issued the invitation to s13eak. There being no persons siring to address the Commission on this topic. Chairman Erwin,declared the public testimony closed and opened the item Qr discussion among the Commission members. Motion was duly made. seconded. 'yd carried to continue ZCA 92-3 to June 17, 1992. '\, '\ \ \ ADDED ITEMS AND REPORTS: Chairman Erwin proposed to the Commissioners th t the annual Christmas party be moved to July or August. \ues ted that Commissioner Soble look into the possibility f having a beach party at Camp Pendleton. Commissioner Noble will report at the next meeting. Gary Wayne, Asstistant Planning Director, reminded Commissioners of the workshop to be held at 8:30 a.m. at t e Safety Center on June 10, 1992. '\\ "\ COMMISSIONE Erwin Hall Noble Savary Schramm Welshon: Erwin Hall Noble Savary Schram We 1 shoi 1 2 3 4 5 6 7 8 9 10 11 l2 l3 l4 15 I.6 17 18 I’ 2o 21 22 23 24 25 26 27 28 e * RESOLUTION NO. 92-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO AMEND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, CHAPTE 21.53 AND 21.041 PROJECTS TO BE CONSIDERED USING SITE DEVELOPMEh PLAN PROCEDURES. CASE NAME: CITY OF CARLSBAD CASE NO: ZCA 92-2 TO ENABLE AFFORDABLE HOUSING WHEREAS, pursuant to the provisions of the Mu Code, the Planning C!ommission did, on June 3, 1992, hold noticed public hearing as prescribed by law to consid request; and WHEREAS, at said public hearing, upon hear considering all testimony and arguments, examining the study, analyzing the information submitted by staf considering any written comments received, the Planning Con considered all factors relating to the Negative Declarat: NOW, THEREFORE, BE IT HEREBY RESOLVED by t Council of the City of Carlsbad as follows: 1. That the above recitations are true and co I 2. That the findings and conditions of the 1 Commission Resolution No. 3389, on file with the City C: 1 incorporated herein by reference constitute the finding: City Council in this matter and that the Negative Declar( hereby approved. ... ... ... ... ... ... 1 2 3 4 5 6 7 8 9 10 11 I.2 13 14 15 16 18 19 m * PASSED, APPROVED AND ALOPTED at a regular meeting of the City Council of the City of Car,sbad, California, on the 14th day of JULY , 1992, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, and Stanton NOES: ABSENT: Council Mem ATTEST: L!&?L 7z! /. Q--L ALETHA L. RAUTENKRANZ, City Cld.,rk ( SEAL) !I 1 2/ 3 1' 4 5 6 7 8 9 10 11 12i 13 14 15 16 ,I 19 l8 PASSED, APPROVED AND A30PTED at a regular meeting City Council of the City of Carisbad, California, on the 14th day of JULY , 1992, by the following vc wit: AYES: Council Members Lewis, Kulchin, and Stant NOES : ABSENT: Council Membe s,larsol;l and Nygdrd / ,f /" ,, )I J 1, f@ I i //,, /[?($A JL {/ / 'CfiLfDk- A: LEWIS, Mayor ATTEST: n [&YL -f 2-JJTli-A-L- t ALETHA L. RAUTENKRANZ, City Cl$k (SEAL) I ~ I 0 0 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of Sun Diego Cou W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-65 Mail all correspondence regarding public notice advertising to Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above f I am principal clerk of the printer of the Carlsbad Journal, a newspaper of gene published weekly in the City of Carlsbad, County of San Diego, State of California, and wk is published for the dissemination of locaI news and intelIigence of a genera1 charac newspaper at all times herein mentioned had and still has a bona fide subscription subscribers, and which newspaper has been established, printed and published at regular said City of Oceanside, County of San Diego, State of California, for a period exceeding preceding the date of put notice hereinafter referred notice of which the annex copy, has been published and entire issue of said neM in any supplement thereof ing dates, to-wit: NOTICE OF PUBLIC HEARING ZCA 822 CONSIDERATION OF AFFORDABLE HOUSING PROJECTS VIA SITE DEVELOPMENT PLAN PROCEDURES NOTICE IS HEREBY GIVEN that the City Council of the City of Carl- sbad will hold a public hearing at the City Council Chambers, 1200 California, at 6 00 P Ilk, on Tuesday, July 14, 1892, to consider approval of a Negative Declaration and approval of requested amendments to Title 21, Chapters 21 53 (Uses Generally) and 21 04 (Definitions) of the Carlsbad Municipal Code, to enable Affordable Housing Pro- jects to be considered using Site Development Plan Procedures Ifyou have any questions regard- ing this matter, please call Robert Green in the Planning Department, I certify under penalty of foregoing is true and con: Amendment in court, you may be limited to raising only those issues Carlsbad, County of San raised by you or someone else at the public hearing described in this California on the notice, or in written correspond- ence delivered to the City of Carl- sbad City Clerk’s Omce at or pnor to the public hearing day of July 1 Applicant City of Carlsbad CJ 3012 July 2,1992 Carlsbad Village Drive, Carlsbad, July a at If 438-1161, you challenge ext 4442 the Zone Code CARLSBAD CITY COUNCIL ,$i!L,q77 /n] ‘;i &!? 3 ‘L C 0 0 NOTICE OF PUBLIC HEARING ZCA 92-2 CONSIDERATION OF AFFORDABLE HOUSING PROJECTS VIA SITE DEVELOPMENT PLAN PROCEDURES NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will a public hearing at the City Council Chambers, 1200 Carlsbad Village C approval of a Negative Declaration and approval of requested amendments to 1 21, Chapters 21.53 (Uses Genlerally) and 21.04 (Definitions) of the Carl Municipal Code, to enable Affordable Housing Projects to be considered using Development P1 an Procedures. If you have any questions regarding this matter, please call Robert Green ii Planning Department, at 438-1161, ext. 4442 If you challenge the Zone Code Amendment in court, you may be limited to ra only those issues raised by you or someone else at the public hearing desc in this notice, or in written correspondence delivered to the City of Car City Clerk’s Office at or prior to the public hearing. APPLICANT: City of Carl sbad PUBLISH: July 2, 1992 CARLSBAD CITY COUNCIL Carlsbad, California, at 6:OO P.M., on Tuesday, July 14, 1992, to con: NOTICE OF PUBLIC HEARING 0 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad Will a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carl, California, at 6:OO p.m. on Wednesday, June 3,1992, to consider approval of Amen& to Chapter 21.53 (Uses Generally) and Chapter 21.04 (Definitions) of the Z< Ordinance to enable Affordable Housing Projects to be considered using Site Develop Plan Procedures. Those persons wishing to speak on this proposal are cordially invited to attend the I hearing. Copies of the staff report will be available on and after May 27, 1992. I have any questions, please call Robert Green in the Planning Department at 438-1 161 4442. If you challenge the Zone Code Amendment in court, you may be limited to raising those issues you or someone else raised at the public hearing described in this notice written correspondence delivered to the City of Carlsbad at or prior to the public he CASE FILE: ZCA 92-2 PUBLISH: MAY 21, 1992 CASE NAME: CITY OF CARLSBPLD-SDP PROCEDURES-AFFORDABLE HOUSING CITY OF CARLSBAD PLANNING COMMISSION RG:h ( r e a (Form ,A: TO: CITY CLERK'S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice - AMENDMENT TO TITLE 21 - CONSIDERATION OF AFFORDABLE HOUS PROJECTED VIA SIT[ DEVEIOPMEVT PLAV PEOCEDYljES -- ZCA 9 for a public hear ng be ore he i y ounc . 1 Please notice the item for the council meeting of Thank you. MARTY ORENYAK 61191' Assistant City Manager D