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
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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,
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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,
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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
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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
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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:
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"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'
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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'
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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
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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.
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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
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PC RES0 NO. 3389 -2-
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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
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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? -
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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? - -
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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
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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? -
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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@
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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).
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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
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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
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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.
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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.
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COMMISSIONE
Erwin
Hall
Noble
Savary
Schramm
Welshon:
Erwin Hall
Noble
Savary
Schram
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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.
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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)
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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)
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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