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HomeMy WebLinkAbout1994-01-11; City Council; 12533; RESIDENTIAL DENSITY INCREASES- AFFORDABLE HOUSING - LCPA 93-2- CITY OF CARLSBAD$ AB i? - TITLE: DEPT. PLN CITY OF CARLSBAD RESIDENTIAL, DENSITY INCREASES - . MTG. 1/11/94 AFFORDABLE HOUSING - LCPA 93-2 - (SEE-: GP/9 9A-f ) DEF CIT CIT a w 3 8 t% €2- 4 t5 g I 6 a z 3 0 0 Y OF CARLSBAD - AG DA BILL -7‘”;” --- ( RECOMMENDED ACTION: If Council concurs, both the Planning Commission and staff are recmmendhg that Council ADOPT Resolution No. 4Y-IL , APPROVING LCPA 93-2. ITEM EXPLANATION On April 13, 1993, the City Council approved General Plan Amendment (GPA 92-8) to a policy and text to the City‘s Land Use Element. The new land use policy would permit r densities to exceed the maximum General Plan densities for the provision of affordabll for lower-income households. This new provision would allow these higher densitie5 conformance with the General Plan. In addition, any residential project requesting increase would have to be consistent with the Citywide dwelling unit limitation of th Management Plan (Prop. E). LCPA 93-2 is a follow-up to GPA 92-08, and would amend all of the City‘s six Loc; Program (LCP) segments to add this new land use policy to each of the City‘s LCP Pursuant to Section 30514 of the Public Resources Code, this Local Coastal Program h (LCPA) is necessary to bring the City‘s LCP segments into conformance with the City‘s Land Use Element. The Planning Commission recommended approval (7-0) Local Coastal Program Amendm on November 3, 1993. There were no major issues associated with this item. Please set staff report to the Planning Commission for details. ENVIRONMENTAL REVIEW A Negative Declaration was approved for GPA 92-08 on April 13, 1993. Since LCPA 1 follow-up legislative action to GPA 92-08 and will not have a simcant effect on the env the Planning Director has issued a Notice of Prior Compliance on June 17, 1993. FISCAL IMPACT Aside from typical administrative (staff) costs associated with processing project applic direct fiscal impacts are anticipated to result from LCPA 93-02. Any development proce5 General Plan Amendment 92-08 will still be subject to growth management conditions. public facilities will be financed through the existing system of fees and assessments. Ir the approval of this Local Coastal Program Amendment will not grant any developmen specific projects. The direct fiscal impacts of each project requesting a density increase ai within the coastal zone will be evaluated as that project is brought forward for Counc. EXHIBITS 1. 2. 3. 4. 5. City Council Resolution No. 94-l?- City Council Resolution No. 93-64 Planning Commission Resolution No. 3545 w/LCPA 93-02 attached Planning Commission Staff Report w/attachments, dated November 3, 1993 Excerpts of Planning Commission Minutes, dated October 20, 1993 & Novembt * I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 * RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO ALI OF THE CITY'S SIX LOCAL COASTAL PROGRAM SEGMENTS (I.E., MELLO I, MELLO 11, AGUA HEDIONDA, EAST BATIQUITOS LAGOON/HUNT PROPERTIES , WEST B A T I Q U I T 0 S LAGOON/SAMMIS PROPERTIES AND VILLAGE REDEVELOPMEN? POLICY WHICH WOULD ALLOW RESIDENTIAL DENSITY INCREASES ABOVE THE MAXIMUM DENSITIES PERMITTED BY THE CITY'S GENERAL PLAN AND LOCAL COASTAL PROGRAM SEGMENTS, TC ENABLE THE DEVELOPMENT OF LOWER-INCOME AFFORDABLE HOUSING. CASE NAME: RESIDENTIAL DENSITY INCREASES CASE NO: LCPA 93-02 - CITY OF CARLSBAD AREA) TO AMEND THE TEXT BY THE ADDITION OF A NEF; AFFORDABLE HOUSING WHEREAS, California State law requires that the Coastal Program and General Plan, for properties in the Cc Zone be in conformance; WHEREAS, a verified application for an amendme Carlsbad's Local Coastal Program Segments, as shown on E: "LCPA 93-02", dated October 20, 1993, attached to Pli Commission Resolution No. 3545 and incorporated by referenc been filed with the City Council; and WHEREAS, said verified application constitutes a r( for amendment as provided in Title 21 of the Carlsbad Mun Code: and WHEREAS, the City Council did on the 11th J~Y , 1994, hold a duly noticed public hear prescribed by law to consider the proposed Local Coastal P Amendment shown on Exhibit "LCPA 93-02", and WHEREAS, at said public hearing, upon hearir considering all testimony and arguments, if any, of all F desiring to be heard, the City Council considered all f relating to the Local Coastal Plan Amendment. ... .. " 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 0 0 WHEREAS, State Coastal Guidelines requires a six week ] review period for any amendment to the Local Coastal Progr; NOW, THEREFORE, BE IT RESOLVED by the City Counc the City of Carlsbad as follows: A) That the above recitations are correct. B) No comments were received during the State ma six week review period, starting on August 26, 1993, and end October 7, 1993. C) That based on the evidence presented at the hearing, the Council APPROVES LCPA 93-02 as shown on Exhibit 93-02", dated October 20, 1993, attached to Planning Corn Resolution No. 3545 and made a part hereof based on the fol findings: Findinss: 1. The proposed Local Coastal Program Amendme consistent with all applicable policies of the respective SE of Carlsbad's Local Coastal Program. 2. The proposed amendment is necessary to bring the Local Coastal Program into conformance with the General PI **- *'* --- *** *-* *** ... *** .-. 2 . a 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 e e PASSED, APPROVED AND ADOPTED at a regular meeting of the Council of the City of Carlsbad, California, on the 11th of JANUARY , 1994, by the following vote, to wi AYES: NOES: None Council Members Lewis, Stanton, Kulchin, Nygaard, ABSENT: None ABSTAIN : None TTEST : A l&tL R G&L- LETHA L. RAUTENKEANZ, City Clerk A (SEAL) 3 I- 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 . 24 25 26 27 28 * EX el \ RESOLUTION NO. 93-64 CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DECLARATION FOR A GENERAL PLAN AMENDMENT TO THE LAND USE ELEMENT TO ALLOW THE CITY TO GRANT DENSITY INCREASES ABOVE THE MAXIMUM PERMITTED RESIDENTIAL DENSITIES, CONSISTENT WITH THE GROWTH MANAGEMENT PROGRAM, TO ENABLE THE DEVELOPMENT OF AFFORDABLE) HOUSING FOR LOWER-INCOME HOUSEHOLDS, CASE NAME: RESIDENTIAL DENSITY INCREASES CASE NO: GPA 92-08 - CITY OF CARLSBAD WHEREAS, pursuant to the provisions of the Mu1 Code, the Planning Commission did, on December 2, 1992, duly noticed public hearing as prescribed by law to considc request: and WHEREAS, at said public hearing, upon heari considering all testimony and arguments, examining the : study, analyzing the information submitted by stafl considering any written comments received, the Planning corn considered all factors relating to the Negative Declaratic NOW, THEREFORE, BE IT HEREBY RESOLVED by th Council of the City of Carlsbad as follows: 1. That the above recitations are true and cor] 2. That the findings and conditions of the P. Commission Resolution No. 3446, on file with the City C1c incorporated herein by reference constitute the findings city Council in this matter and that the Negative Declarai hereby approved. ..e .*. **. ..e *** ... 1 2 3 4 5 6 7 8 9 10 12 12 13 14 15 16 17 18 19 20 21 22 23 ' 24 25 26 27 28 * . PASSED, APPROVED AND ADOPTED at a regular meeting o City Council of the City of Carlsbad, California, on the 13th day of APRIL , 1993, by the following vott wit: AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council Member K ATTEST: - ALETHA L. R~UTENKRANZ, City Clery (SEAL) -2- I, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 e a PLANNING COMMISSION RESOLUTION NO. 3446 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT TO ADD A POLICY TO THE LAND USE ELEMENT TO ALLOW THE CITY TO GRANT DENSITY INCREASES ABOVE THE MAXIMUM PERMITTED RESIDENTIAL DENSITIES TO ENABLE THE DEVELOPMENT OF AFFORDABLE HOUSING FOR LOWER INCOME HOUSEHOLDS. CASE NAME: RESIDENTIAL DENSITY INCREASES CASE NO: GPA 92-08 WHEREAS, the Planning Commission did on the 28th day of Octc the 4th day of November, 1992, the 18th day of November, 1992, and on the December, 1992, hold a duly noticed public hearings as prescribed by law to cc request, and WHEREAS, at said public hearing, upon hearing and considering a1 and arguments, examining the initial study, analyzing the information submitt and considering any written comments received, the Planning Commission COI factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning C as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, thc Commission hereby recommends APPROVAL of the Negative Declaratior to Exhibit "ND", dated July 16, 1992, and "PII", dated July 10, 199; hereto and made a part hereof, based on the following findings: Findings: 1. The ;dtial study shows that there is no substandal eddence that the p have a significant impact on the environment. .... 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 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 2nd day of Decem by the following vote, to wit: AYES: Chairperson Erwin, Commissioners: Schlehuber, Noble, Welshons, Savary & Hall. NOES: None. ABSENT: None. ABSTAIN: None. 1 TOM ERWIN, Chairperson CARLSBAD PLANNING COMh ATTEST: PLANNING DIRECTOR PC RES0 NO. 3446 -2- 0 0 NEGATIVF, DECLARATION PROJECT ADDRESS/LOCATION: City of Carlsbad - All residential general plan land classifications. PROJECT DESCRIPTION: Amend the Land Use Element to authorize density bonuse all residential land use classes for purpose of creating hou for lower-income households. The City of Carlsbad has conducted an environmental review of the above described prc and the Environmental Protection Ordinance of the City of Carlsbad. As a result of review, a Negative Declaration (declaration that the project will not have a signifii impact on the environment) is hereby issued for the subject project. Justification for action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Plan Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from public are invited. Please submit comments in writing to the Planning Department Wi 30 days of date of issuance. If you have any questions, please call Dennis Turner in Planning Department at (619) 438-1161, extension 4443. pursuant to the Guidelines for Implementation of the California Environmental Quality DATED: JULY 16, 1992 CASE NO: GPA 92-8 Planning Director MICHAEL J. Ikk ZM~~ER CASE NAME: LAND USE ELEMENT - RESIDENTIAL DENSITY BONUS PUBLISH DATE: JULY 16, 1992 DT:km 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 NO DATE: JUI BACKGROUND 1. CASE NAME: Land Use Element - Residential Density Bonus 2. APPLICANT: City of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Palmas Drive Carlsbad. CA 92009 (61 9438-1 161 4. DATE EIA FORM PART I SUBMITTED: N/A 5. PROJECT DESCRIPTION: Addition of lanmage to the Land Use Element of the ( to authorize, via a Site Development Plan Permit, the mantinn of densitv increase subject to a residential land use classification. for the pumose of creatinz housing a and restricted for, lower-income households. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City Environmental Impact Assessment to determine if a project may have a significant effect on the e The Environmental Impact Assessment appears in the following pages in the form of a checklist. 7 8 identifies any physical, biological and human factors that might be impacted by the proposec provides the City with information to use as the basis for deciding whether to prepare an Er Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that t! any of its aspects may cause a significant effect on the environment. On the checklist, "NO" wi to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any 4 project may cause a sidcant effect on the environment. The project may qualifv fo Declaration however, if adverse impacts are mitigated so that environmental effects car insignificant. These findings are shown in the checklist under the headings YES-sig" an( respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of th DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given t mitigation for impacts which would otherwise be determined significant. e 0 PHYSICAL ENVIRONMENT 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? Appreciably change the topo’graphy or any 2. unique physical features? - - 3. 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 - 4. any bay, inlet or lake? - 5. Result in substantial adverse effects on ambient air quality? Result in substantial changes in air 6. movement, odor, moisture, or temperature? Substantially 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 - 7. 8. 9. depletion of any natural resources? - 10. Use substantial amounts of fuel or energy? - 11. Alter a significant archeological, paleontological or historical site, structure or object? - - -2- , e e BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES big> (insig) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 13. 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? - 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 15. 16. migration or movement of animals? - HUMAN ENVIR0"T WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES (Sig) (big) 17. Alter the present or planned land use of an area? - - schools, police, fire, emergency or other public services? - - 18. Substantially affect public utilities, -3- 0 0 HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES big) (insig) 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. ~ncrease 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? - X 23. Substantially alter the density of the 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional traffic? 26. Affect existing parking facilities, or create a large demand for new parking? Impact existing transportation systems or alter present pattern of circulation or 27. movement of people and/or goods? - 28. Alter waterborne, rail or air traffic? 29, Increase traffic hazards to motor vehicles, bicyclists or pedestrians? Interfere with emergency response plans or emergency evacuation plans? Obstruct any scenic vista or create an 30. 31. aesthetically offensive public view? - existing recreational opportunities? - - 32. Affect the quality or quantity of -4- e 0 MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL, DIRECTLY OR INDIRECTLY: YES YES 1 big) (ins ig) 33. Does the project have the potentid 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 levels, threaten to eliminate a plant or 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 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 DISCUSSION OF ENVIRONMENTAL EVALUATION The "project" is an amendment to the City's Land Use Element to enable the City to grant der requested by developers in association with project proposals to construct housing affordable for 1 families. The amendment would authorize such bonuses on any site designated for residential through the approval of a Site Development Plan Permit for a specific project approval and only s of the project to assure: the project meets certain locational criteria, there exist adequate public neighborhood compatibility, and the project meets the City's overall project design criteria. Th each such Site Development Plan Permit would constitute a project under the California E1 Quality Act, requiring environmental review. This amendment is necessitated as a follow-through to the recent update of the City's Housing part, the Housing Element calls for the City to grant density bonuses to at least 29 ddacre on ai site in the City for lower-income targeted housing. This amendment is required to bring the Land into conformance with the Housing Element's Program 3.7.a. (density bonus), Program 3.7.i. for granting density bonuses) and Policy 3.7.h. (changing General Plan Land Use Designatior density). In turn, these Housing Element programs and policy were adopted directly in response Government Code Section 65915, et seq. (requiring a process for granting density bonuses f housing by all local jurisdictions). In that: (1) this General Plan Amendment is not associated with any specific development prc not directly or indirectly result in any significant physical, biological, or human environmental that, (3) any future development projects processed with a density bonus shall be required to und environmental review, no project-specific environmental impacts are anticipated. 1. The proposed General Plan Amendment will not result in unstable earth conditic increase the exposure of people or property to geologic hazards because no development is proposed. All future development processed with a density bonus wi to comply with all City regulations, including the issuance of grading permits to p unstable earth conditions or the creation of geologic hazards due to developme1 grading. The proposed General Plan Amendment will not appreciably change the topography site or alter physical features of any site, in that no specific development is propose this action. The erosion of soils on or off a given site will not be affected by this Genera Amendment. All future development processed with density bonuses shall be requ: meet applicable standards and all conditions associated with the issuance of grading pc In that no specific development is proposed, this General Plan Amendment will not in any changes in the deposition patterns of beach sands or the alignment of n 2. 3. 4. streambeds or the bottoms of any lagoons or inlets, 5-6. The proposed General Plan Amendment is not a specific development project and thc will not have any adverse impacts on ambient air quality nor will it result in any ck air movement, odor, moisture, or temperature. -6- , 0 e 7-10. The proposed General Plan Amendment is not associated with any specific develol project, therefore the proposed amendment will not substantially alter the course or fl marine fresh or flood waters or effect ground water or public water supply. The pro amendment will not cause a depletion of any natural resource or will use subst amounts of fuel or energy. Future projects processed with density bonuses shall undergo environmental revir - 11. evaluate impacts to archaeological, historical or cultural resources. This Genera! Amendment is not a specific development project, and therefore will not impact reso BIOLOGICAL ENVIRONMENT 12/13. Since no specific development is proposed, there will be no impacts to the divers plant species and there will be no bamers to the normal replenishment of exisl species. There will be no introduction of plant species into an area within the Cit this General Plan Amendment. The General Plan Amendment will not impact agricultural lands of any importan the City. Since this Amendment is proposed Citywide, it would not affect any spt Since this project does not propose specific development, there will be no impac diversity of animal species and there will be no barriers created to alter the migr 14. 15/16. movements of animal species within the City and no new animal species will be int HUMAN ENVIRONMENT 17. Although this General Plan Amendment would authorize the City to grant densip on a case-by-case permit basis, thus enabling changes in the intensity of use on would not change any land use designation already assigned to property by the Element. 18 - 22. This amendment’s authority to grant density bonuses would not be associated specific development. It will not substantially affect utilities, schools, police, fire, e or other public services. The proposed program will not alter or result in the need 1 solid waste, hazardous waste or other systems. The proposed amendment will no noise levels, light or glare or deal with hazardous substances. Future project: density bonuses shall be required to address and adequately mitigate associated i The purpose of this Land Use Element Amendment is to grant the City discretionary to approve requests by developers for density bonuses, so as to create housing affoi lower-income families. The inclusion in the Land Use Element of this general would not directly or immediately change the density of specific areas but could li in density changes being approved in association with specific affordable housir proposals. Such approvals would be on a case-by-case basis and granted subj analysis examining specified locational criteria, the adequacy of facilities, an neighborhood compatibility. The amendment is required to assure compatibility oj Use Element with the Housing Element, and the City‘s adopted objectives for lowc -7- 23. , e 0 affordable housing. In particular, the amendment facilitates Housing Element pol: (requiring the approval of land use density bonuses up to 29 du/acre for affordablf Program 3.7.i. (the establishment of a mechanism for the granting of density 1 Because the amendment makes no direct changes in density and all subsequent proposing bonuses will be subject both to discretionary review using locational E criteria, and to environmental review it is concluded that the proposed amen& create no significant density-related environmental impacts either directly or in& Existing housing will not be directly affected by this action and there will not be : for additional housing created by the adoption of the recommendations cornpr amendment. This amendment will assist in the creation of additional units withir which are affordable to lower and moderate income households for which existin1 has been determined and documented in the Mousing Element. 25 - 30. The proposed amendment will not substantially affect parking, generate substant traffic, or alter existing transportation systems. This proposed General PI Amendment is not affiliated with any specific development project and will r interfere with safety issues such as emergency evacuation response plans or increz traffic hazard to motorists, pedestrians and bicyclists. Any future project grant density bonuses pursuant to the amendment shall be required to adequately mitig: associated parking or traffic impacts. In that no specific development is proposed with this Amendment, no scenic visi will be obstructed and aesthetically offensive views will not be created by implementation. The proposed General Plan Amendment will not affect the quality or quantity existing recreational opportunities. projects) and serves as partial imphentation of Program 3.7.a, (Density Bo: 24. 31. 32. -8- 0 WALYSIS OF VIABLE ALTERNATIVES 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 future time rather than now, g) no project alternative. a) This "project" cannot be phased; the authority to approve density bonuses ei f) alternate sites for the proposed project, and to the land use element or it is not. b) N/A. c) N/A. d) N/A. e) Delay in implementing the amendment would have the effect of deferring a( Housing Element Policy 3.7.h. and frustrating Programs 3.7.a. and 3.7.i. Ex delay would result in the Land Use Element and Housing Element inconsistent, a condition to be avoided in a General Plan. f) N/A. g) See response to e). -9- , 0 0 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, and DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment environmental effects of the proposed project have already been considered in conj previously certified environmental documents and no additional environmental review Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environmc not be a significant effect in this case because the mitigation measures described on an sheet 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 ENVIl IMPACT REPORT is required. 71 t .I Qa -- a.7- Date Signature 4IOh7 Dhe ' Planning Directw U LIST MITIGATING MEASURES (IF APPLICABLE] ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -10- , e e APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature DT:h -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 e @ PLANNING COMMISSION RESOLUTION NO. 3545 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO ALL OF THE CITY'S SIX LOCAL COASTAL PROGRAM SEGMENTS (LE., MELLO I, MELLO 11, AGUA HEDIONDA, EAST BATIQUITOS LAGOONIHUNT PROPERTIES, WEST BATIQUITOS LAG0 0 N/ SAMMI S PROP E RTI E S AND VILLAGE REDEVELOPMENT AREA) TO AMEND THE TEXT BY THE ADDITION OF A NEW POLICY WHICH WOULD ALLOW RESIDENTIAL DENSITY INCREASES ABOVE THE MAXIMUM DENSITIES PERMITTED BY THE CITY'S GENERAL PLAN AND LOCAL COASTAL PROGRAM SEGMENTS, TO ENABLE HOUSING. CASE NAME: RESIDENTIAL DENSITY INCREASES THE DEVELOPMENT OF LOWER-INCOME AFFORDABLE AFFORDABLE HOUSING CASE NO: LCPA 93-02 WHEREAS, California State law requires that the Local Coast Segments and General Plan, be in conformance; WHEREAS, a verified application for an amendment to Carl5 Coastal Program Segments, as shown on Exhibit "LCPA 93-02" dated Octobe has been filed with the Planning Commission; and WHEREAS, said verified application constitutes a request for as provided in Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of Oci and the 3rd day of November, 1993 hold duly noticed public hearings as pi law to consider the proposed Local Coastal Program Amendment shown on El 93-02", attached hereto, and; WHEREAS, at said public hearing, upon hearing and con testimony and arguments, if any, of all persons desiring to be heard, said 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 e t considered all factors relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week pu period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning( of the City of Carlsbad, as follows: A) B) That the foregoing recitations are true and correct. At the end of the State mandated six week review period, , August 26, 1993, and ending on October 7, 1993, staff shall prc City Council a summary of the comments received. That based on the evidence presented at the public hearing, th Commission recommends APPROVAL of LCPA 93-02 as shown "LCPA 93-02", dated October 20, 1993, attached hereto and rr hereof based on the following findings: C) Findinffs: 1. The proposed Local Coastal Program Amendment is consistent with all policies of the respective segments of Carlsbad's Local Coastal Prograr The proposed amendment is necessary to bring the City's Local Coast: into conformance with the General Plan. 2. *-- ... I ... ... ... "' .** PC RES0 NO. 3545 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 @ PASSED, APPROVED, AND ADOPTED at a regular meeting of thc Commission of the City of Carlsbad, held on the 3rd day of November, 19‘ following vote, to wit: AYES: Chairperson Noble, Commissioners: Schlehuber, Betz, Savary, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN: None. ” - 0-4 -. - k- v BAILEY NO E, Chairperson CARLSBAD PLANNING COMI ATTEST: Planning Director // PC RES0 NO. 3545 -3- @ EXHIBIT"LCPA93- CXXOBEX 20,1i e LB POLICIES mu0 I 2. STANDARD PACIFIC Policy 1 - Maximum Density of Development The Standard Pacific property shall be designated for a medium density reside] development with a maximum density of 7 dwelling units per gross acre (See Ekhibit : The property shall be developed using the City's RD-M (Residential-Multiple Zone) o (Planned Community) in effect at the date of certification. An overlay zone shal established incorporating the Coastal Act requirements contained herein (See Exhibit All permitted uses in the underlying zone shall be conditional uses in the overlay z Divisions of land and other. developments as defined in the Coastal Act shall be in ac with the requirements of the Policies contained herein. Poinsettia Lane shall be exter only as generally shown on the PRC Toups land use map (See Exhibit 2.1) to the eas boundary of the &. The location of Poinsettia Lane is in no way determined by this L Coastal Program (LCP), however, this LCP is not intended to preclude access to agricull areas to the east. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 c) 3. OCCIDENTAL LAND, INC. d. If, by December 1, 1980, the landowners of the Occidental parcels record irrevocable offer to dedicate an agricultural conservation easement or a sin instrument providing for certain protection of agricultural land, over the 57 acre 22 acre parcels north of Poinsettia Lane, development may be allowed on thc acres of Class 111 soils (See Exhibit 4.2) located immediately east of Paseo del Nc and at the 28 acres of soil below Class IV in the same parcel of up to 7 units acre. Said conservation easement or similar instrument shall be free of all I liens and encumbrances, shall be executed in favor of the People of the Star California, and shall bind the landowners and successors in interest. Said easex may include a term which states that the Commission may mom the easeme: its sole discretion if the Commission determines that such modification woul essential to implement the remainder of the Carlsbad LCP. 4. RANCHO LA COSTA POLICY 1 -- LAND USES 1. Development of the property may occur only under the provisions of the Pacific Country Club and Resort Master Plan, and shall be subject to the requiremer Policy 2 "Agriculture/Planned Development". 2 @ e 2. The land uses allowed by the Master plan shall be compatible with the Cit Carlsbad General Plan as amended and as adopted as of March 1, 1988, to pro. a combination of residential, commercial (including visitor serving) and open SI uses. 3. Residential density permitted through the Master Plan shall not exceed that all0 arlsbad General Plan as of March 1, 1988, 4. All land uses and intensity of use shall be compatible with the protectio sensitive coastal resources. 5. Land use intensity shall be consistent with that allowed by the Carlsbad Grc Management Ordinance (Chapter 21 90, Carlsbad Municipal Code) as adopt€ of March 1, 1988 except that any increase in the total number of dwelling 1 proposed in the Master Plan (2836) shall require review and approval of the Co Commission through the LCP amendment process. 3 e VlLLAGE REDEVELOPMENT AREA The Design Review Board shall promote the effective interdependence for the urban cc several areas by advocating the establishment of pedestrian linkages between the SE sub-areas. These linkages, where feasible, should take the form of landscaped path arcades. VII. DEVELOPMENT GUIDELINES FOR THE VILLAGE REDEVELOPMENT AREA Compliance with City Remlations Except as indicated herein, all proposals for projects in the Village Redevelopment A shall comply with all normal City development regulations pertaining to zoning and : use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lot Coverane All buildings, including accessory buildings and structures, and all parking areas driveways, should not cover more than eighty percent (80%) of the net lot area. 5 6 e e . 0 MEMORANDUM DATE: NOVEMBER 3, 1993 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: LCPA 93-02 - RESIDENTIAL DENSITY INCREASES - AFFORDABLE HOUSIN( amendment to all of the City's six Local Coastal Program segments to add land use policy which would allow residential density increases above the mar residential densities permitted by the City's Local Coastal Program segme enable the development of lower-income affordable housing. I. RECOMMENDATION That the Planning Codssion ADOPT Planning Cornmission Resolution No. 3545, recomme APPROVAL of LCPA 93-02, based on the findings and subject to the conditions contained th 11. DISCUSSION This matter was on the agenda of October 20, 1993 and continued due to the lateness of the ATTACHMENTS 1. 2. Planning Commission Resolution No. 3545 Staff Report dated October 20, 1993, with attachments PROJECT ? LANNER: CHRIS DECEl e SAJ?F REPORT DATE: OCTOBER 20, 1993 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: LCPA93-02 -RESIDENTIAL DENSITYINCREASES -AFFORDABLE HOU5 - An amendment to all of the City's six Local Coastal Program segmen add a new land use policy which would allow residential density incrc above the maximum residential densities permitted by the City's I Coastal Program segments to enable the development of lower-inc affordable housing. I. RECOMMENDATION That the Planning Codssion ADOPT Plannhg Commission Resolution NO. 3 recommending APPROVAL of LCPA 93-02, based on the findings and subject to conditions contained therein. 11. PROJECX DESCRIPTION AND BACKGROUND On Apnl 13, 1993, the City Council adopted a General Plan Amendment to the Land Element (GPA 92-08) to add a new policy which would enable the City to grant de increases above the maximum allowable General Plan densities to enable the develop] of lower-income affordable housing through processing of a Site Development Plan pt (See Exhibit "A"). This project is a followup to GPA 92-08, and would amend all of the City's six I Coastal Program (LCP) segments (Le.; MeUo I, MeUo 11, Agua Hedionda, East Batiq LagoodHunt Properties, West Batiquitos Lagoon/Sammis Properties, and Vi Redevelopment Area) to add this new land use policy to each of the above noted segments. Pursuant to Section 30514 of the Public Resources Code, this Local Co Program Amendment (LCPA) is necessary to bring the City's LCP segments conformance with the City's amended Land Use Element. 111. ANALYSIS Planninn Issues 1. Will this Local Coastal Program Amendment affect other sections of Carls certified Local Coastal Programs? 4 e 0 LCPA 93-02 RESIDENTlAL DENSITY INCREASES - AFFORDABLE HOUSING PAGE 2 - OCTOBER 20,1993 2. Will this Local Coastal Program Amendment significantly impact coastal resources' DISCUSSION Any project within the Coastal Zone which is proposing a density increase shall be requ PO comply with all other applicable Local Coastal Program policies and provisil Therefore, no effects on other LCP sections are anticipated. This proposed LCPA, which would incorporate a new land use policy to allow der increases to enable the development of affordable housing, is not anticipated to resu significant impacts to coastal resources. As discussed above, any project proposh density increase within the Coastal Zone, shall be required to comply with all applic LCP policies and provisions, including those dealing with protection of coastal resoul The City's already approved Zone Code Amendment (ZCA 92-02) which would a development standards modifications to enable the achievement of higher de1 affordable housing projects provides a mechanism to increase project densities within unconstrained, developable areas of any given property, without the necessity of ha to encroach into sensitive coastal resources. Accordingly, no impacts to coastal resou are anticipated. N. ENVIRONMENTAL REVIEW A Negative Declaration was approved for GPA 92-08 on April 13, 1993. This prc (LCPA 93-02) is a followup legislative action to GPA 92-08. Since LCPA 93-02 will revise the environmental findings of the previously approved Negative Declaration for 92-08, the Plannfig Director has determined that this project will not have a sign% effect on the environment and, therefore has issued a Notice of Prior Compliance on. 17, 1993. ATTACHMENTS 1. 2. Exhibit ttA" 3. Planning Commission Resolution No. 3545 Carlsbad Local Coastal Programs Segment Boundary Map. CDD:h August 23, 1993 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 ’--’ 0 EXHIBIT RESOLUTION NO. 93-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT (GPA 92-08) TO THE LAND USE ELEMENT TO ALLOW THE CITY TO GRA”T DENSITY INCREASES ABOVE THE MAXIMUM PEFNWTED RESIDENTIAL DENSITIES, CONSISTENT WITH THE GROWTH MANAGEMENT PROGRAM, TO ENABLE THE DEVELOPMENT OF AFFORDABLE HOUSING FOR LOWER-INCOME HOUSEHOLDS. CASE NAME: RESIDENTIAL DENSITY INCREASES CASE NO: GPA 92-08 - CITY OF CARLSBAD WHEREAS, the Planning Commission did on December 2 hold a duly noticed public hearing as prescribed by 1 consider an amendment to the Land Use Element of the Genera G PA 92-08; and WHEREAS, the City Council of the City of Carlsba April 13, 1993, held a duly advertised public hearing to cc said amendment, and at that time received the recommend2 objections, protests, comments of all persons interested d ppased to GPA 92-08: and NOW, THEREFORE, BE IT HEREBY RESOLVED by th Council of the City of Carlsbad as follows: 4 1. That the above recitations are true and cor] 2. That the revised Land Use Element of the ( Plan (GPA 92-08) is approved according to (revised) Exhi1 ated April 13, 1993, attached hereto, and that the find. d the Planning Commission as set forth in Planning Corm esolution No. 3447, on file in the Planning Department, a R a part hereof, are the findings and conditions of th Council . .*. ..’ .” 0.. 19 20 21 22 23 24 25 26 27 ,2 a I (REVISED) ExHIBrr x APRIL 13, 1993 PROPOSED REVI SIONS To CARLSBAD'S LAND USE ELEMENT The Land Use Element is proposed for revision to add the following language within section "B. DESCRIPTION OF THE PLAN", "...standards of population density and building intensity to be applied to the land use classifications: 1. Residential", which begins on page 24. All Italic text is from the existing adopted and proposed Land Use Element. Language to be added is in highlighted text. [Beginning on page 251 EXPLANATORY NOTE ON DENSITYRANGES: The densities established for the low and low-medium density residential classifications simply designate the maximum number of dwelling units per gross acre that would be permitted if all other requirements are met. In those exceptional cases where the base zone is consistent with the land use designahon but would permit a slightly higher yield than that recommended in the low and low-medium density residential classifications, the City may find that the project is consistent with this element if it k compatible with the objectives, policies, general land uses arld programs expressed herein and The density ranges established for the medium, medium-high and high density residential categories are NOT meant as "minimums" and "maximums". The lower figure for each of these categories represents a "guaranteed" density and the higher figure represents a potential maximum that could be located in dach area if certain crileria are met. 7he criteria shall be reviewed on a project-by-project basis and shall include such things as slope of land, soil stability, compatibility with surrounding land uses, flood plain protection, adequacy of public facilities, onsite amenities and preservation of unique and desirable natural resources. In orher worak, the density allocation for any project stam at the low end and, if a higher density is desired, the proposed development must pmve itself worthy of the higher designation. Residential density shall be determined based on the number of dwelling units per developable acre of prop*. 'Ihe following lands are considered to be undevelopable and shall be excluded from density calculations: (I) beaches (2) permanent bodies of water (3) floodways 1 0 4’ e (4) (S) significant wetlanak (6) signgcant riparian woodland habitats (7) (8) Slopes with an inclination of greater than 40% land subject to major power irnilrmirsion easemenfi land upon which other sign@cant environmental features as detern by the environmental review process for a project are located NO residential development shall occur on the lands listed above, however, the City Counci, permit limited development of such property if when considering the property as a whoi prohibition against development would constitute an unconstitutional deprivation of pro Limited development of accessory or nonresidential uses may be permitted. Development on slopes with an inclination of 25% to 40% inclusive shaU be design minimize the grading and slope development provkions of the Carlsbad Local Coastal Prc shall apply. The City of Carlsbad in implementing its public facilities element and growth managemen1 has made an estimate of the number of dwelling units that will be built as a result c application of the density ranges in the Land Use Element to individual projects. me I Capital Improvement Budget, growth management plan, and public facilitia plans are aU I on this estimate. In order to ensure that all necessary public facilities will be avai concurrent with need to serve new development it is necessary to limit the number of residc dwelling units which can be constructed in the City to that estimate. For that purpose th has been divided into four quadrants along El Camino Real and Palomar Airport Road. maximum number of residential dwelling units to be conshucted or approved in the City November 4, 1986 h as follows: Northwest Quadrant 5,844; Northeast Quadrant ( Southwest Quadrant 10,667; Southeast Quadrant 10,801. The City shall not approve any General Plan amendment, zone change, tentative subdi map or other discretionary approval for a development which could result in development 1 the limit in any quadrant In order to ensure that development does not exceed the lim following growth management coram1 points are established for the Land Use Element d ranges. ALLOWED DWELLING UNIT PER ACRE General Plan Growth Managem Qemitv Ranaes Control Point RLO- 1.5 1 RLMO - 4 3.2 RM4 - 8 6 RMH 6 9 15 11.5 RH 1s - 23 19 2 - ' 1. 0" 0 t The City shall not approve any residential development at a density that exceeds the gr management control point for the applicable density range without making the folk findings: 1. That the project will provide suficient additional public facilities for the dc in excess of the control point to ensure that the adequacy of the City's p facilities plans will not be adversely impacted. That there have been sufficient developments approved.in the quadra densities below the control point to cover the units in the project abov control point so the approval will not result in exceeding the quadrant lim 2. [END OF SECTION] A new Residential Guideline (#19) is proposed to be added to the Land Use Element I 45) as follows: 19. Allow density increases, above the maximum residential densitiespennitted 4 General Plan, to enable the development of lower-income affordable ho, through processing of a Site Development Plan permit. Any Site Develoi Plan application request to increase residential densities (either: abot Growth Management Control Point or upper end of the residential d range(s), for purposes of providing lower-income afiordable housing shr evaluated relative to: (a) thepmposahs compatibility with adjacent land ust the adequacy of public facilities; and (c) the project site being locat proximiy to a minimum of one of the following: a fieeway or major ma a commercial centet, employment opportunities, a City park or open spact this Residential Guideline shall not be pennitted to exceed the Citywid( quadrant dwelling unit limitations of the Growth Management Plan (Prop commuter: rail or nansit center, Any request for a density increase pursu' E). 3 QMELLO II a AGUA HEDIONDA @EAST BATIQUITOS LAGOONIHUNY N WEST BATIQUITOS LAGOON/SAMMIS n REDEVELOPMENT AREA 4 City of Carisl L RESIDENTIAL DENSITY INCREASE LCPA 93-1 I e 0 PLANNING COMMISSION October 20, 1993 PAGE 14 Motion was made by Commissioner Erwin, and duly seconded, to adopt Planni Commission Resolution No. 3559, recommending approval of the amendment ' 1 and 12 Local Facilities Management Plans, based on the findings cont e, Commissioners Erwin, Hall, Savary, and Welshons ABSTAIN: None Due to the late hour, Chairman No item #5. d the Commission about the possibility of continuing A! mission and stated that this item contai e the Master Plan is on a tig d duly seconded, to continue ACTION: Motion was made by Commissioner We Commissioners Erwin, Savary, and Welshons Chairman Noble, Commissioners Betz and Hall AYES: NOES: ABSTAIN: None later than 10:30 p.m. LCPA 93-02 - RESIDENTIAL DENSITY INCREASES - AFFORDABLE HOUSING - An am to all of the City's six Local Coastal Program segments to add a new land use policy which u allow residential density increases above the maximum residential densities permitted by the Local Coastal Program segments to enable the development of lower-income affordable hoi ACTION: Motion was made by Commissioner Erwin, and duly seconded, to continue LCPd to November 3,1993. VOTE: 6-0 AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, and Welshons NOES: None ABSTAIN: None a MP 175(D)/GPA 91-05/LCPA 91 -02/LFMP 87-09(A) - POINSETTIA SHORES MASTER PI t for the approval of a Mitigated Negative Declaration, General Plan Amendment, Mat Local Facilities Management Plan Amendment for Zone 9, to change Gene lace the educational and related land uses of the former Batiquiti the western portion of the site on Planned-Coi t quadrant of the City, north of the I32 oca1 Facilities Management \\ Lagoon Educational Park (BL service-commercial land use designatio (P-C) zoned property generally located in the sou Lagoon, west of the 1-5 freeway, east of Carlsbad Boulevar , . land use designation ster Plan with residential uses, and retain the travel - : Eric Munoz, Associate Planner, reviewed the background of the request and stated t Shores Master Plan is an area north of the Batiquitos Lagoon, west of 1-5, and east of Carlsba This is the master plan property which was formerly the Batiquitos Lagoon Educational Park. The MINU7 e e PLANNING COMMISSION November 3,1993 PAG , and duly seconded, to adopt Planning mmending approval of the Mitigated Ne ission Resolution Nos. 3552, 3553, 35! on the findings and subject to the conditions contained therc, noted on Errata Sheet #I dated October 18, 1993, Errai 1993, and Errata Sheet #3 dated November 3, 191 Hall, Savary, and Schlehuber 75(d), GPA 91-05, LCPA 91-02, and 1 VOTE: 5-2 NOES: Commissioners Erwin and W ABSTAIN: None LCPA 93-02 - RESIDENTIAL DENStTY INCREASES - AFFORDABLE HOUSING - An ai to all of the City's six Local Coastal Program segments to add a new land use policy which allow residential density increases above the maximum residential densities permitted by tt Local Coastal Program segments to enable the development of lower-income affordable hc Chris DeCerbo, Senior Planner, reviewed the background of the request and stated that on April the City Council adopted a General Plan Amendment to the Land Use Element (GPA 92-08) to a policy which would enable the City to grant density increases above the maximum allowable Gem densities to enable the development of lower-income affordable housing through processing of a Development Plan permit. LCPA 93-02 is a fallaw-up to GPA 92-09 and would amend all of the Local Coastal Program (LCP) segments (Le. Mello I, Mello I!, Agua Hedionda, East Batiquitos La( Properties, West Batiquitos Lagoon/Sammis Properties, and Village Redevelopment Area) to add land use policy to each of the above noted LCP segments. Pursuant to Section 3051 4 of the Pub Resources Code, this Local Coastal Program Amendment (LCPA) is necessary to bring the City's segments into conformance with the City's amended Land Use Element. Commissioner Hall inquired what triggered a CUP in the Steiger project. Mr. DeCerbo replied th: Senior Housing Ordinance allows senior housing up to 75 du's/ac with a CUP. Commissioner Hall inquired if this project would preclude senior housing. Mr. DeCerbo replied th would not. Commissioner Hall inquired about the maximum density. Mr. DeCerbo replied that a maximum d was not stated because staff wanted to be flexible. The Density Bonus Ordinance would allow a n 25% density increase. Commissioner Hall stated that he thought we were trying to steer away from very high densities. he is starting to see a different trend and it troubles him to see such high densities. He is concern would like to close the door. Gary Wayne, Assistant Planning Director, replied that the City has a responsibility to make a 25% density bonus. If we are going to have the 25% increase, staff must certain findings. There is no way to close that door. Commissioner Savary inquired how the density can be increased without exceeding the overall ca DeCerbo replied that staff is monitoring all density increases. They will not exceed the Citywide 01 quadrant dwelling unit caps. Staff will keep the Commission informed. Commissioner Savary inquired if unused units can be used in any other quadrant. Mr. DeCerbo i no. Chairman Noble opened the public testimony and issued the invitation to speak. 0 - MlNl 0 e PLANNING COMMISSION November 3,1993 PAGf Gary Wayne, Assistant Planning Director, stated that staff had received a letter from the attorney: Carlsbad Unified School District (CUSD) dated November 1, 1993 which objects to approval of tht proposal without a proper environmental evaluation of the proposal's effect on the District's school Mr. Wayne stated that the LCP Amendment is enabling legislation only. We don't know where, wI it will be used. Therefore, we cannot analyze specific impacts to facilities at this time. Additionall) Wayne stated that a negative declaration was done for the General Plan Amendment and it was a, and certified. The proposal tonight is nothing more than companion legislation and is of a housek nature. For the record, staff feels that we have complied with CEQA on this matter for the above r There being no other persons desiring to address the Commission on this topic, Chairman Noble ( the public testimony closed and opened the item for discussion among the Commission members. Commissioner Erwin requested a comment by the City Attorney regarding the CUSD letter. Karer Deputy City Attorney, stated that she disagrees with CUSD because this proposal does not represl change from the General Plan Amendment. It only makes it consistent with that action. Furtherrr General Plan Amendment states that all projects will be reviewed for adequacy of facilities. The sI are public facilities. Motion was made by Commissioner Erwin, and duly seconded, to adopt Plannir Commission Resolution No. 3545, recommending approval of LCPA 93-02, bas the findings and subject to the conditions contained therein. Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, Schlehuber and Wc ACTION: VOTE: 7-0 AYES: NOES: None ABSTAIN: None 92-01 /SDP 93-04/HDP 92-1 0 - COSTA DO SOL - Request for recornmen nned Development Permit, Site Development Plan, ar ide and construct 11 2 single-family homes, and 40 on , all on property generally located east of Paseo del h e PC Zone, in Local Facilities Management Plan Zon ackground of the request and stated that the applici 1 12 single-family homes and 40 one, two, and thn t located east of Paseo del Norte and direct11 acres, is undeveloped, and mostly contains ricultural usage of the site. The surroundin neighborhood is developed with two-story multi-family r 'dences to the south, a single family hoi multi-family residences to the west, and vacant land to the e t and north. The future Poinsettia Community Park would be located directly north of the project% Access to the project will be frc The single family homes in the project will be one and two-story and will ha o and three-car a Hidden Valley Road which will also provide access to the park. garages located on individual lots ranging in size from 5,400 to 15,000 s.f. Ther ill be a central ( recreation facility containing a pool, clubhouse, active playing courts, and a children lay area to the entire project. The project will feature contemporary architecture consisting of tile ro fs with va roof lines and stucco exteriors. Four condominium buildings, containing 40 units ranging in size from 685 to I ,250 sf., wilt be con on a 2.2 acre lot along the eastern portion of the project site. These units will be a mixture of one, k.a \ 3\ \ MINU' wp3r. CX-eCA &x- / /i %/ &- @ gLq .t 6 Bow, ARNESON, KADI, WILES & GIANNONE A PARTNERSHIP INCLUDING A PROFESSIONAL CORpORATlON ATTORNEYS AT LAW 4920 CAMPUS DRIVE NEWPORT BEACH, CALIFORNIA 92660 c;;tl AREA cor ALEXANDER BOWIE* JOAN C. ARNESON TELEPHONE FAX (714) 81 WILLIAM J. KADI WENDY H. WILES PATRICIA B. CIANNONE ROBERT E. ANSLOW ERIC R. DOERING KENNETH S. LEVY JANET L. MUEUER KIMBERLY A. McMURRAY REF OUR1 3c ARTOJ NUUTNEN January 11, 1994 *A PROFESSIONALCORFO~TION City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, Ca. 92008 Re: LCPA 93-02 - Residential Density Increases - Affordable Housing Honorable Members of the City Council: This firm represents the Carlsbad Unified School District ("District"). This letter is submitted with respect to the impacts which the Local Coastal Program (LCP) 93-02 pro (the "Proposal") will have on the District's school facilities, and in response to the conditional negative declaration prepared for the above-referenced actions (the "Negative Declaration"). The Proposal envisions amending the six Local Coastal Plan ("LCP") segments (Mello I, Mello II, Agua Hedionda, East Batiquitos LagoodHunt Properties, Village Redevelopment Area) of the City to apply a residential guideline (Residential Guideline No. 19) of the City's Land Use Element of its General Plan, allowing density increases, through processing of a "Site Development Plan permit," above the maximum residential densities permitted by the General Plan in order to facilitate the development lower-income affordable housing. The Proposal also affects territory within the boundar the District. We request on behalf of the District that approval of the Proposal be conditioned upon ensuring that any application for a Site Development Plan permit to increase housing density under the Proposal be expressly conditional upon adequate pub1 school facilities to meet the demands from the Proposal's residential density housing inci for low- and moderate- income housing development, which increases the Proposal pres€ envision would be beyond the applicable control points set forth in the City's Growth Management Ordinance. A. School ImDacts The staff report for the Proposal (the "Staff Report") states that the Proposal is "i follow-up legislative action" to the City Council's General Plan Amendment to its Land BAKW&G/AJN/an/8747 e 0 b BOWIE, ARNESON, &hI, WILES & GIANNONE City Council - City of Carlsbad January 11, 1994 Page 2 Element ("GPA 92-08") to enable the City to grant density increases above the maximurr allowable General Plan densities to enable the development of lower-income affordable housing through processing of a Site Development Plan permit. A Negative Declaration previously approved by the City Council on June 17, 1993 for GPA 92-08. The Staff Rt goes on to state that since the Proposal will not revise the environmental findings of the Negative Declaration for GPA 92-08, the Planning Director has determined that the Prop will not have a sigriificant effect ofi the environment, and that a "Notice of Prior Compliance" has therefore been issued for the Proposal. This Notice of Prior Complianc purportedly completes the environmental analysis for the Proposal (see staff report, Page The District, however, objects to the conclusion that the Proposal will result in no signif: environmental effects, since the District has previously stated for purposes of each Local Facilities Management Plans for each management zone affected by the Proposal that Dii facilities are currently operating at or near capacity. The conclusions of the Notice of PI Compliance also ignore the potential for increased service demands on school facilities fi existing residences relative to population increases anticipated to result from the approva the Proposal. The District therefore objects to the approval of the Proposal without a pr environmental evaluation of the Proposal's effect on the District's school facilities. This should occur within the context of a properly prepared Environmental Impact Report ("E providing for mitigation of all school facilities impacts to the District from the approval c Site Development Plan permits or other implementation of this Proposal. Therefore, we request on behalf of the District that the environmental effect of s student generation on the District's facilities be properly addressed in the context of an E which EIR would further include provisions for full mitigation of those school facilities impacts upon the District, and that such provisions be expressly made a condition of any approvals of Site Development Plan permits relative to the Proposal. It should be noted Government Code Section 65583.5, which generaily provides that local agencies shall nc disapprove a housing development project for low- and moderate- income households ab! specified findings, also specifically states that nothing in that section is to be construed tc relieve a local agency from making a required finding that changes or alterations to such development project have been incorporated to mitigate or avoid significant environment effects identified in a completed EIR, or otherwise relieve the local agency from comply with the California Environmental Quality Act ("CEQA"). Moreover, Government Codc Section 65589.5 specifically provides that nothing in that section shall be construed to prohibit a local agency from imposing fees and other exactions otherwise required by la7 which are essential to provide necessary public services and facilities to a proposed projc regardless of whether such project is for the development of low- and moderate- income BAKW&GIAJNlan18747 0 0 .e - BOWIE, ARNESON, KADI, WILES 6s GIANNONE City Council - City of Carlsbad January 11, 1994 Page 3 housing. Conditioning the approval of the Proposal on mitigation of impacts on the Dist K-12 school facilities would therefore be appropriate under Government Code Section 65589.5. Therefore, the District is requesting that an additional mitigation measurekondition be added to the Proposal which requires any developer of property sul to the Proposal to submit evidence to the City that impacts to school facilities have been mitigated prior to the City approving a Site Development Plan permit for that property. Other mitigation programs which developers, as Site Development Plan permit applicants, and the District may agree to include the inclusion of properties subject to tht Proposal in a community facilities district, as discussed below. B. On January 1, 1993, SB 1287 became effective. SB 1287 made changes to the school facilities fees legislation which is found in Government Code Section 53080 etseq. and 65995 et. sea. ("School Facilities Legislation"). Previously there had been considerable debate between school districts, cities and builders regarding whether or not SB 1287 overturned the holdings in the Mira. Hart and Murrieta decisions, which stand for the proposition that a city or county is not limited to statutory school fees when considering adequate mitigation for legislative projects such as specific plans or zone changes. This confusion has now been resolved in that the purported repeal of the holding of the Mira, Hart. and Murrieta decisions was legislatively terminated as a result of the rejection of Proposition 170 by the voters at the state-wide general election of November 2, 1993. Therefore, the City's requirement for adequate school facilities consistent with its Gener; Plan Public Facilities Element and its Growth Management Plan is not limited to statuto1 school fees when considering adequate mitigation for legislative projects such as specific plans or zone changes. SB 1287 and Mello-Roos Communitv Facilities Districts Alternatively, it should be noted that subsequent to January 1, 1993, the effective of SB 1287, the Supreme Court rendered its decision in Grupe Development Company v SuDerior Court (February 11, 1993) 4 Cal.4th 911, 16 Cal.Rptr.2d 226 j"Grupe") . One the holdings in the Grupe decision is that a city or county has the authority to condition development on the use of Mello-Roos Community Facilities Districts ("CFDs") to mitig school impacts. The Grupe decision is significant in that it acknowledges SB 1287 regal the ability of cities and counties to use CFDs for mitigation of school impacts. The ability of the City to condition new development upon the use of CFDs to BAKW&GIAINlad8747 0 0 fi* - Born, ARNESON, K~I, WILES & GIANNONE City Council - City of Carlsbad January 11 , 1994 Page 4 mitigate school impacts is found in Sections 65995(a) and 65995(f). Section 65995(a) provides that: Except for a fee, charge, dedication or other requirement authorized undel Section 53080 . . ., no fee, charge, dedication or other requirement shall 1 . . for the construction or reconstruction or schooi faciiities. Section 65995(f) specifically exempts CFDs from the limitations set forth in Section 6595 by providing: levied by the legislative body of a local agency against a development proj Nothing in this section shall be interpreted to limit or prohibit the use of . (CFDs) to finance the construction or reconstruction of school facilities. This provision makes CFDs a feasible method of school financing in that they have been specifically exempted from any dollar limitation for school mitigation. SB 1287 did not the authority the City has to require school mitigation through CFDs was never altered b 1287, even prior to the failure of Proposition 170 to win approval of the voters. Section 65996 also lends further support to this proposition and provides that CFI are one of the specific methods of mitigating environmental effects relating to the adequ; school facilities when the City is considering the approval of or the establishment of conditions on a development. SB 1287 did not change the ability of the City to use CFI: a means of mitigation under Section 65996, and CFDs are specifically exempt from the statutory dollar limits of Section 65995. The Sqreme C~iirt's decision in Grupe is consisteni with this position. In Gmpe voted special tax on new development for school facilities, "Measure C I' , was challenge( Measure C had been approved by the voters within the Chino Unified School District pr the 1986 legislation which authorized residential school fees originally at $1.50 per squa foot ("School Facilities Legislation"). The Supreme Court distinguished special taxes le7 by a CFD from the special taxes of Measure C. One of the Supreme Court's key argun used to support its decision was that Measure C special taxes were included within the si of the limitations on "fees, charges, dedications, or other requirements" found in Sectior 65995 and that CFD special taxes were specifically excluded from the limitations of Sec 65995. Grupe, pg. 2027. Accordingly, the Supreme Court held that the limitations of Government Code Section 65995 applied to Measure C, and therefore Measure C was ir BAKW&GIAJNlan/8747 0 0 - BOW, ARNESON, KADI, WLES & GLANNoNE City Council - City of Carlsbad January 11, 1994 Page 5 because the school district was also levying the maximum school fee allowed by Section 65995. It should also be noted that the Supreme Court's decision was rendered while acknowledging the enactment of SB 1287. The holding in Grupe is a significant development with respect to confirming the city's ability to condition new development through the use of CFDs. The Supreme Cou denied review of the Mira, Hart and Murrieta decisions, and this is the first time the Supreme Court has addressed the issue of school facilities fees as authorized under Government Code Section 53080 and 65995. Both before and after the effective date of 1287, the City has had the authority to condition new development upon the use of CFD! mitigate school impacts. The Supreme Court's decision in Grupe lends additional suppoi such authority. C. Consistency With General Plan. The City's General Plan, Public Facilities Element as well as the City's Growth Management Element contain provisions which require availability of schools prior to legislative approvals, including specific plans and zone changes. For example, the LFM for each of the management zones affected by the Proposal require as a "special mitigatil condition'' that all development conform with the District's stated performance standards which requires school capacities to meet projected enrollment requirements within each 2 as determined by each school district, prior to projected occupancy. Absent adequate mitigation the District's facilities cannot meet the projected enrollment requirements whe development approvals result in the generation of additional students within the existing control points of the City's Growth Management Ordinance, let alone when the Proposal authorize residential development in densities exceeding those set forth in the Growth Management Ordinance. It should be noted as previously stated Government Code Section 65589.5 specific provides that nothing in that section shall be construed to prohibit a local agency from imposing fees and other exactions otherwise required by law which are essential to provj necessary public services and facilities to a proposed project, regardless of whether such project is for the development of low- and moderate- income housing. In order to fully mitigate the impacts from the Proposal the District requests that the City require that developers of property authorized to exceed the City's maximum density standards undei Proposal enter into a mitigation agreement acceptable to the District which fully mitigate impacts to be incurred by the District as set forth above. BAKW&GIAINlan/8747 * 0 L 1’ - BOWIE, ARNESON, KADI, WILES & GLANNONE City Council - City of Carlsbad January 11, 1994 Page 6 We would be pleased to provide you with any additional information you may rec Very truly yours, BOWIE, ARNESON, KADI, WILES & GIANNONE - By: cc: Dr. George Mannon I Mr. John Blair Mr. Alexander Bowie BAKW&G/AJN/an/8747 LOCAL COIITAL *.0~",:",'.:,',=9 s10ILhl¶ 'Job '4 D ARY hlAP I certify under penalty of perjur foregoing is true and correct. E: i Carlsbad, County of San Diego California on the 23rd December, 195 day of - ,OI*4."b.P auELLO I c r- I Clerk z] WILL0 LI mraur *emomon $I~IABT .attau1108 LA~OOW~UW- 0 n.O.')I.O.rs*? 4L.. UW1S'f 8ATIOUIIOI L&0001I84YUll .. 4 cirr 1 EM t I v 7 NOTICE OF PUBLIC HEARING RESIDENTIAL DENSITY INCREASES - AFFORDABLE HOUSING LCPA 93-2 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 Dr Carlsbad, California, at 6:OO p.m., on Tuesday, January 11, 1994, to consid request for an amendment to all six of the City's Local Coastal Program segm to add a new land use policy which would allow residential density incre, above the maximum residential densities permitted by the City's Local Coa Program segments to enable the development of 1 ower-income affordable hous If you have any questions regarding this matter, please contact Chris DeCerb the Planning Department, at 438-1161 , ext. 4445. If you challenge the Local Coastal Plan Amendment in court, you may be lim to raising only those issues raised by you or someone else at the public heal described in this notice or in written correspondence delivered to the Cit. Carlsbad City Clerk's Office at, or prior to, the public hearing. PUBLISH: December 23, 1993 APPLICANT: City of Carlsbad CARLSBAD CITY COUNCIL CARL' LOCAL COASTAL. PROGRAM ( SEGM UOUNDARY LC~ saauamr ~MELLO I ~AGUA HEDIONDA RMELLO I1 HEAST BATIOUITOS LAOOONlHUNI u WEST EATIQUITOS LAGOON1SAMMIS 0 REDEVELOPMENT AREA 1 City of RESIDENTIAL DENSTY INCREASE T w e NOTICE OF PUBLIC HEARING 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, October 20, 1993, to consider recommer approval of an amendment to all of the City's six Local Coastal Program segments tc a new land use policy which would allow residential density increases above the maxi residential densities permitted by the City's Local Coastal Program segments to enabl development of lower-income affordable housing. Those persons wishing to speak on this proposal are cordially invited to attend the p hearing. Copies of the staff report will be available on and after October 13, 1993. 11 have any questions, please call Chris DeCerbo in the Planning Department at 438-1 ext, 4445. If you challenge the Local Coastal Plan Amendment in court, you may be limited to ra only those issues you or someone else raised at the public hearing described in this n or in written correspondence delivered to the City of Carlsbad at or prior to the p hearing. CASE FILE: LCPA 93-02 CASE NAME: RESIDENTIAL DENSITY INCREASES - AFFORDABLE HOUSING PUBLISH: CARLSBAD SUN: OCTOBER 7, 1993 BLADE CITIZEN: OCTOBER 8, 1993 CITY OF CARLSBAD PLANNING COMMISSION CDD:km @ * 0 (Forr TO: CITY CLERKS OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice RESIDENTIAL DEN! INCREASES AFFORDABLE HOUSING ILCPA 93-02) for a public hearing beforc City Council. Please notice the item for the Council meeting of Thank you. MARTY ORENYAK DECEMBER 2, 1993 Assistant City Manager Date Attachments 0 t AK OLIVER LTD 0 AGATEP, DON CARLSBAD CA 92008 1911 SAXONY e e' LCP. 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