HomeMy WebLinkAbout1995-12-19; City Council; 13446; AFFORDABLE HOUSING II LOCAL COASTAL PROGRAM AMENDMENT - LCPA 95-01L
AB# /<+& TITLE:
DEPT. PLN PROGRAM AMENDMENT - LCPA 95-01
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> MTG. 12/19/95 AFFORDABLE HOUSING II LOCAL COASTAL
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OF CARLSBAD - AGE ’ A BILL I cw--
%3J4/ RECOMMENDED ACTION:
That the Council ADOPT Resolution No. APPROVING LCPA 95-01.
ITEM EXPLANATION
In October of 1991, the City Council approved a major amendment to the t
Element (GPA 90-08) to add new policies and action programs (i.e.; Incli
Housing, Density Bonus, Second Dwelling Units, and Senior Housing) to encour
enable the development of affordable housing within the City. Subsequently,
Council approved several affordable housing zone code amendments to im
thgse new Housing Element policies and action programs. These zor
amendments included:
ZCA 91-06 -
ZCA 91-05 -
ZCA 92-02 - Affordable Housing Site Development Plan Procedur
lnclusionary Housing Ordinance;
Density Bonus Ordinance; and
Standards Modifications.
This Local Coastal Program Amendment (LCPA) will add the affordable housing
to the City’s six Local Coastal Program (LCP) segments and adopt the three zc
amendments as the implementing zoning for the City’s LCP. LCPA 95-01 is a 1
legislative action to the previously approved Housing Element amendment z
code amendments, which is necessary to ensure consistency between tt
Housing Element, Zoning Ordinance and it’s LCP.
The Planning Commission recommended approval (6-0) of LCPA 95-01 on O(
1995. There were no major issues associated with this item. Please see the staff report to the Planning Commission for details. L9h %
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ENVIRONMENTAL REVIEW
Negative Declarations for the Housing Element General Plan Amendment and
affordable housing zone code amendments, which are the topic of this LC
approved as follows:
GPA 90-08 - October 22, 1991 ;
ZCA 91-06 - June 25, 1992;
ZCA 91-05 - June 25, 4992; and
ZCA 92-02 - April 30, 1992.
Since LCPA 95-01 will not revise the environmentat findings of the previously l
Negative Declarations, the Planning DirecUor has issued a Notice of Prior Co
on August 23, 1995
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PAGE 2 OF AGENDA BILL NO. /< w
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FISCAL IMPACT
Aside from administrative costs associated with processing affordable housiq
applications, no direct fiscal impacts are anticipated to result from LCPA 95-1
affordable housing project processed pursuant to the amended zone code
subject to growth management conditions. Required public facilities will be
through the existing system of fees and assessments. In addition, the approv
LCPA will not grant any development entitlements.
EXHIBITS
1. City Council Resolution No. 9J--3&
2. Planning Commission Resolution No. 3773
3. Planning Commission Staff Report w/attachments, dated October 4, 1995
4. Excerpts of Planning Commission Minutes, dated October 4, 1995.
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RESOLUTION NO. 95-361
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL
PROGRAM TO ADD AFFORDABLE HOUSING POLICIES
DEALING WITH INCLUSIONARY HOUSING, DENSITY
BONUSES, SECOND DWELLING UNITS AND SENIOR HOUSING
AFFORDABLE HOUSING ZONE CODE AMENDMENTS
IMPLEMENTING CARLSBAD'S LOCAL COASTAL PROGRAM.
CASE NAME: AFFORDABLE HOUSING I1 LOCAL COASTAL
PROGRAM AMENDMENT
AND ADOPT PREVIOUSLY APPROVED COMPANION
CASE NO: LCPA 95-01
WHEREAS, California State Law requires that the Local Coastal
General Plan, and Zoning designations for properties in the Coastal 20
conformance;.
WHEREAS, a verified application for an amendment to the LOG
Program, as shown on Exhibits "LCPA 95-01-1'' and "LCPA 9.5-01-Z", dated (
1995, attached to Planning Commission Resolution No. 3773 and incorporated bj
on file with the City Clerk; and
WHEREAS, said verified application constitutes a request fc
Coastal Program Amendment, as provided in Public Resources Code Section
Article 15 of Chapter 8, Subchapter 2, Division 5.5, Title 14 of the Californi
Regulations (California Coastal Commission Administrative Regulations); anc
19th day of DECEMBf
hold a duly noticed public hearing as prescribed by law to consider the pro$
Coastal Program Amendment shown on Exhibits "LCPA 95-01-1" and "LCP
dated October 4, 1995, attached hereto; and,
WHEREAS, the City Council did on the
WHEREAS, at said public hearing, upon hearing and coni
testimony and arguments, if any, of all persons desiring to be heard, the C
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considered all factors relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines require a six week public
period for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
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
been received.
That based on the evidence presented at the public he;
Council APPROVES LCPA 95-01, as shown on Exhibits "I 01-1" and "LCPA 95-01-2", dated October 4, 1995, at1
Planning Commission Resolutions No. 3773 and made a pi
based on the following findings:
June 8,1995, and ending on July 21,1995, no public comm
C.
Findings:
1. The proposed Local Coastal Program Amendment is consistent with all
policies of the City of Carlsbad Local Coastal Program in that any
housing within the Coastal Zone processed pursuant to these new
housing policies and amended regulations, shall be required to be cons
all applicable LCP development standards, policies and provisions.
That the proposed amendment is required to maintain consistency be
City's General Plan, zoning code and Local Coastal Program.
The Planning Director has found that, the environmental effects of this p
already been considered in conjunction with previously certified env
documents (Negative Declarations) and, therefore, a Notice of Prior C
has been issued on August 23, 1995.
2.
3.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
Council of the City of Carlsbad, California, on the 19th
by the following vote, to wit:
day of DECEMBER
AYES: Council Members Lewis, Kulchin, Finnila, Hall
NOES: None
ABSENT: Council Member Nygaard
ABSTAIN: None
ATTEST:
&&w%Gp .UT 2, City Clerk
KAREN R. KUNL!T%, A stant City Clerk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 3773
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDINGAPPROVAL OF AN AMENDMENTTO
ALL SIX SEGMENTS OF THE CARLSBAD LOCAL
COASTALPROGRAM TO ADD AFFORDABLE HOUSING POLICIES DEALING WITH INCLUSIONARY HOUSING,
DENSITY BONUSES, SECOND DWELLING UNITS AND
SENIOR HOUSING AND ADOPT PREVIOUSLY
APPROVED COMPANION AFFORDABLE HOUSING
ZONE CODE AMENDMENTS IMPLEMENTING
CARLSBAD’S LOCAL COASTAL PROGRAM.
CASENAME AFFORDABLE HOUSING I1 LOCAL
COASTAL PROGRAM AMENDMENT
CASE NO: LCPA 95-01
WHEREAS, California State law requires that the Local Coasta
General Plan, and Zoning designations for properties in the Coastal 25
conformance;
WHERd, a verified application for an amendment to the Lo(
Program, as shown on Exhibits “LCPA 95-01-1” and “LCPA 95-01-2”, dated OctoE
attached and incorporated herein, has been filed with the Planning Commissioi
WHEREAS, said verified application constitutes a request for a Lo1
Program Amendment, as provided in Public Resources Code Section 30574 and
of Chapter 8, Subchapter 2, Division 5.5, Title 14 of the California Code of R
(California Coastal Commission Administrative Regulations); and
WHEREAS, the Planning Commission did on the 4th day of Octc
hold a duly noticed public hearing as prescribed by law to consider the propc
Coastal Program Amendment shown on Exhibits “LCPA 95-01-1” and “LCPA 95-0
October 4, 1995, attached hereto, and;
WHEREAS, at said public hearing, upon hearing and considering al:
and arguments, if any, of all persons desiring to be heard, said Commission con
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factors relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines require a six week public re
for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE I“ HEREBY RESOLVED by th
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, startin1
1995, and ending on July 21,1995, no public comments have bec
C) That based on the evidence presented at the public hearing, the (
recommends APPROVAL of LCPA 95-01, as shown on Exhibits “L
1” and “LCPA 95-01-2“, dated October 4, 1995, attached hereto ;
part hereof based on the following findings:
FindinPs:
1. The proposed Local Coastal Program Amendment is consistent with al
policies of the City of Carlsbad Local Coastal Program in that any afforda
within the Coastal Zone processed pursuant to these new affordable houz
and amended regulations, shall be required to be consistent with all app
development standards, policies and provisions.
That the proposed amendment is required to maintain consistency betwet
General Plan, zoning code and Local Coastal Program.
The Planning Director has found that, the environmental effects of this I
already been considered in conjunction with previously certified em
documents (Negative Declarations) and, therefore, a Notice of Prior Con
been issued on August 23, 1995.
2.
3.
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PC RES0 NO. 3773 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meet
Planning Commission of the City of Carlsbad, held on the 4th day of October, 1
following vote, to wit:
AYES: Chairperson Welshons, Commissioners Cornpas, Erw
Noble and Savary.
NOES: None
ABSENT: Commissioner Monroy
ABSTAIN: None
KIM MkLSHONS, Chairpers
CARLSBAD PLANNING COI
ATTEST: .
MICHAEL J. H~LZMI~LER
Planning Director
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PC RES0 NO. 3773 -3-
&HIBIT "LCPA 95-0
OCTOBER 4,l
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LCP POLICIES
This exhibit includes the proposed affordable housing policy text additions (in red
format) for each of the City's six Local Coastal Program segments (i.e., Mello I, Mellc
Agua Hedionda Land Use Plan, Village Redevelopment Area, East Batiquitos Lagoon/€
Properties and West Batiquitos Lagoon/Sammis Properties).
MELLO 1
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 Exhibit
The property shall be developed using the City's WD-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 Exhibi
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 extei
only as generally shown on the PRC Toups land use map (See Exhibit 2.1) to the ea
boundary of the &. The location of Poinsettia Lane is in no way determined by this I
Coastal Program (LCP), however, this LCP is not intended to preclude access to agricul
areas to the east.
0 e EXHIBIT "LCPA 95-01-1"
OCTOBER 4, 1995
PAGE 7
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LCPA9
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I Exhibit "LCPA 95.
October 4,
Exhibit "LCPA 95-01-2" includes the affordable housing ordinances (i.e., lnclus
Housing, Density Bonus, Affordable Housing Site Development Plan Procedures)
will function as the implementing zoning for all six segments of the City's Local C
Program.
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9 Exhibit "LCPA QC
October 4, 0
ORDINANCE NO. NS-232
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 21.85 TO ESTABLHSH REQUIREMENTS FOR THE
RESERVATION AND AFFORDABILITY OF HOUSING UNITS
PROJECE UNDER A CITY WIDE INCLUSIONARY HOUSING
INCLUSIONARY HOUSING IMPACT FEE IN SPECIFIED
CIRCUMSTANCES.
FOR LOWER-INCOME HOUSEHOLDS IN RESIDENTIAL
PROGRAM AND THE PAYMENT OF AN IN-LIEU FEE OR
APPLICANT: CITY OF CARLSBAD
CASE NO: ZCA 91-6
WHEREAS, Government Code Section 65588(b) requires local juriSc
revise their Housing Elements every five years; and
WHEREAS, the City of Carlsbad has revised its Housing Element for the I
1991 through June 1996; and
WHEREAS, Government code Section 65584(a) requires localities to a
Regional Share housing needs for persons of all income levels in their Housing
and
WHEREAS, the City% Regional Share needs are 2,509 Lower-income
projected 6,273 total dwelling units needed over a five year period; and
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Element, the City of Carlsbad finds that Carlsbad is experiencing a lack
affordable to lower-income households; and
WHEREAS, the City of Carlsbad's lower-income Fair Share Housh:
(minimum good faith effort of guaranteed units) is 1125 low-income units;
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WEREAS, the City's revised Housing Element includes objectives for th
of 1400 lower-income units (275 units in excess of the Fair Share requireme
the 1400 lower-income units, the City has committed to producing 350 101
units through City initiated development; and
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WHEREAS, the remaining 1050 lower-income units would have to be p
through some other means; and
WHEREAS, due to economic and market conditions, the private market
produced in the past, nor is likely to produce in the future, an adequate am
housing units affordable to lower income households to meet the remaining ba
the City's lower-income Fair Share need (1050 units); and
WHEREAS, continued new residential development which does not incl
contribute toward the lower cost of housing for lower income households wiU 01
o further aggravate the current affordable housing shortage; and t
WHEREAS, new residential development which does not include nor cc
housing for lower income households creates a need for affordable lower income
by: reducing the supply of residential land upon which affordable housing co
been developed, and increasing population, which creates a demand foi
community services (stores, dry cleaners, gas stations), which are staffed by low
employees, who create a demand for lower income housing; and
WHEREAS, over the next 5 years, there is an actual need (Regional Need)
lower income units out of a projected 6,273 total dwelling units needed; and
WHEREAS, new market rate residential development creates a significar
C of this d; and
WHEREAS, the 15% lower-income inclusionary requirement represents 10
income units which is less than one-half of the actual (Regional Need) need ove
5 years and therefore bears a reasonable relationship to the need create<
residential development; and
WHEREAS, the mandatory Inclusiomry Housing Program was identified
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City's revised Housing Element as the best program available to the City to ach
,remaining balance of the City's Fair Share objective for lower-income units; an(
WHEREAS, the 15% lower-income inclusionary housing requirement wil
that the remaining balance of the City's Fair Share objectives (lower-income:
achieved; and
WHEREAS, based upon an assumed rate for projected residential dew
between 1991 and 1996, the imposition of 15% low-income inclusionary
requirement on future residential development is necessary to achieve the C
Share and Regional Share objectives; and
WHEREAS, the 15% lower-income inclusionary housing requirement is I
to ensure conformance with the Housing Ellement of the City's General Plan;
protect the health, safety and welfare of its atizens; and
WHEREAS, City staff, in association with an Ad Hoc Committee of masta
in-fill residential builders and non-profit builders, prepared an economic stu
development of affordable housing within the City of Carlsbad; and I
WHEREAS, the economic study concludes that while the proposed inc
1gipousing requirement, would create an additional economic burden on th
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/development community, the development of housing affordable to low
households is achievable through cooperative partnerships between the de\
community, non-profit organizations, and the City; and
Whereas, the Citfs Housing Element identifies pro- to provide
financial, and standards flexibility incentives to facilitate inclusionary
development.
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The City Council of the City of Carlsbad, California does ordain as follow
SECIION 1; That Title 21 of the Carlsbad Municipal Code is amended
ddition of Chapter 21.85 to read as follows:
"Chapter 21.85
INCLUSIONARY HOUSING
21.85.010 Purpose and Intent.
21.85.020 Definitions.
21.85.030
21.85.040
21.85.050 In-lieu Contributions.
21.85.060 Inclusionary Housing Impact Fee.
Sections:
Applicability of Inclusionary Housing Requirement.
Construction of Required Inclusionary Units.
21.85.070 Regulations for New Master Plans or Spectfic Plans (A
After the Effective Date of This Ordinance).
Regulations for Existing Master Plans and Sped
(Approved On or Before the Effective Date
Ordinance). Regulations for Residential Subdivisions Not Sul
Master Plan or Specific Plan.
Regulations for Mobile Home Parks.
21.85.080
21.85.090
2 1.85.100
21.85.110 Combined Inclusionary Housing Projects.
21.85.120 Affordable Housing Standards.
21.85.130 Incentives to Offset the Cost of Affordable
21.85.140
21.85.150
Development.
Preliminary Project Application and Review Process
Inclusion of Affordable Housing Agreement as a Con
Development.
21.85.160 Inclusionary Housing Resale Agreement. 21.85.170 Eligibility Requirements.
21.85.180 Management and Monitoring.
21085.200 Separability of Provisions
21.85.010. Purwse and Intent.
(a) It is an objective of the City, as established by the Housing Eleme
'tfs General Plan, to ensure! that all master planned and specific planned con
d all residential subdivisions provide a range of housing opportunitic
'dentifiable economic segments of the population, including households of lc
oderate income. (i) It is also the policy of the City to:
(1) Require that a minimum of 15% of all approved residential un
aster plan, specific plan, or residential subdivision be restricted to and a€foi
I 1 .' 21.85.190 Collection of Fees.
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ower-income households; 261 4
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(2) Require that for those developments which provide 10 or mc affordable to lower-income households, at least 10% of the lower-income unit! have three or more bedrooms; and
(3) In specific cases, allow inclusionary requirements to be satisfied the payment of an in-lieu fee as an alternative to requiring inclusionary uni
constructed on the ground.
Require existing, unbuilt residential subdivisions and sut
roposals with completed applications as of the effective date of this ordinance (4)
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ousing impact fee to satisfy the inclusionany housing requirement.
(b) It is the purpose of this Chapter to ensure the implementation of
bjective and policy stated in subsections (a).
(c) Nothing in this Chapter is intended to create a mandatory duty c
f the City or its employees under the Government Tort Claims Act and no cause gainst the City or its employees is created by this Chapter that would I
* dependently of the provisions of this Chapter.
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come.
B. Low-income, unassisted rental and unassisted for-sale 1
ercent of the gross monthly income, adjusted for household size, at 80 perct
owty median income.
C. Low-income, assisted (State and/or Federal) rental 1
ercent of the gross monthly income, adjusted for household size, at 60 perct
ounty median income.
D. Low-income, assisted (State and/or Federal) for-sale 3
ercent of the gross monthly income, adjusted for household size, at 70 percc
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,
'ts, the unit sizes, location, affordability tenure, tenns'and conditions of afl
(3) "Allowable housing expense" means the total monthly t
and unit production schedule.
recurring expenses required of a household to obtain shelter. For a for-sale unit,
property taxes, home owners association dues and a reasonable allowance fa
For a rental Unit, allowable housing expenses include rent, a reasonable all0
utili ties.
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cis, or the provision of other direct financial aid, such as cash transfer pay
(11) "Growth Management Control Point" shall have the same me
(1 2) "Incentives" means such regulatory concessions to include bi
'ted to a density increase, the modification of site development standards or z
equirements, approval of mixed use zoning in conjunction with the residentia
ther monetary compensation, by the City of Carlsbad.
hapter 21.90, Section 21.90.045 of this Title. T
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ouseholds or moderate-income households, respectively, as required by this (
(14) "Inclusionary unit" means a dwelling unit that will be offere
r sale exclusively to and which shall be affordable to lower-income house
equfred by this Qapter.
(15) "Income" means any monetary benefits that qualifies as i
accordance with the criteria and procedures used by the City of Carlsbad Hol
Redevelopment Department for the acceptance of applications and recdcatic
Section 8 Rental Assistance Program, or its successor.
(16) "Low-income household"' means those households whose grc is more than 50 percent but does not exceed 80 percent of the median incon
Diego County as determined annually by the US. Department of Housing a
Development.
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ondominiums.
(b) Notwithstanding the foregoing, this Chapter shall not apply to the
(1) Those residential units of a project for which building pa
(2) Existing residences which are altered, improved, restored
expanded or extended, provided that the number of units is not increased, hol
Chapter shall pertain to the subdivision of land for the conversion of apartmf
space condominiums;
residential structure that was destroyed or demolished within two years PI
application for a building permit for the new residential structure, provide
number of residential units is not increased from the number of residential u
previously destroyed or demolished residential structure;
een issued as of the effective date of this Ordinance;
(3) The construction of a new residential structure which
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(4) Any residential unit which is accessory as defined in Section 21
of this Code, the development of which is deemed by the City to be in the public i or
(5) Those residential units for which, consistent with this Cha ordable Housing Agreement has been approved by the City, and a deed re 3 Forded restricting the units as affordable for households of lower-income or ml 41 5
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come. 21.85.M. Construction of Readred Inclusionarv Udts.
(a) For the following classes of residential projects or permits, for w
application is deemed complete on or after the effective date of this Ordina
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clusionaxy housing requirements for lower-income households shall be satisfied
he construction of new units:
(1) Any residential project (i.e.; tentative map, tentative map
development, redevelopment permit, residential mobile home park pennit or COI
Be permit) of seven (7) or more dwelling units, for which the application for sail
was deemed complete on or after the effective date of this ordinance. Projects
7) or more dwelling units, that have been approved prior to the effective dat
rdinance and that require, as a condition of approval, the processing of subseq
evelopment plans, shall be subject to the requirements of Chapter 21.85.060 i
welling unit will meet the inclusionary requirements by payment of an ind
ousing impact fee.
(2) Any residential tentative map revision, including a tental
evision for the conversion of apartments to air-space condominiums, of seve
ore dwelling units, for which the application is deemed complete on or i
ffective date of this Ordinance.
(3) Any residential tentative map of seven (7) or more dwelling 1
hich the tentative map application was deemed complete on or following the
ate of this ordinance, and is subsequently appmved for extension after the effec pfthis ordinance* (4) Any residential planned unit development, site developmc
iconditional use permit, residential mobile home park pennit or redevelopment p
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conversion of apartments to &.space condominiums, site development plan, plan
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f the City, the City may determine that an alternative to the constructioi
clusionary units is acceptable, which shall be required to be processed th
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21.85.080 (Existing Master/Specific Plans), Section21.85.090 (Residential SUM
formulas contained in these sections may be satisfied by the developer, at the 1
of the developer, by either of the following altematives:
and Section 21,85,100 (Mobile Home Parks), fractional Units that result
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(1) The fractional inclusionary unit shall be treated as a whole inch
't (i.e.: any resulting fraction shall be rounded up to the next larger integer)
* clusionary unit shall be built pursuant to the provisions of these sections, or
(2) The fractional inclusionary unit shall not be included in the ni
' es the average subsidy needed to make affordable to a lower-income how
eveloper shall pay to the City, within 90 calendar days of the hearing date
pproval of the requested discretionary permits, an amount of money equal to the
ppropriate, one newly-constructed typical attached housing unit, as set forth ix
1.85.050 (b) of this Chapter.
21.85.050. In-lieu Contributions.
(a) For the following classes of residential projects or permits, for w
pplication was deemed complete on or after the effective date of this Ordin;
clusionq housing requirement for lower-income households may be me
(1) Any residential project (i.e.; tentative map, tentative mal
pennit or redevelopment permit) of six (6) dwelling units or less, for w
(2) Any residential tentative map or parcel map revision, in(
ayment to the City of an in-lieu fee or other in-lieu contributions.
conversion of apartments to air-space condominiums, parcel map, plan
development, site development plan, conditional use pennit, residential mobile hi
application is deemed complete on or after the effective date of this Ordinance
tentative map revision for the conversion of apartments to air-space condominiu
(6) dwelling units or less, for which the application is deemed complete on or
(3) Any residential tentative map or parcel map of six (6) dwd
or less, for which the map application was deemed complete on or after the effec
of this Ordinance, and is subsequently approved for extension after the effectii this Ordinance.
(4) Any residential planned unit development, site developm
Fonditional use permit, residential mobile home park permit or redevelopment I bix (6) dwelling units or less, for which the application is deemed complete o
j'pe effective date of this Ordinance, and is subsequently approved for amen&
1 'ts otherwise required to be built pursuant to the provisions of these sections i
effective date of this Ordinance.
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he effective date of this Ordinance.
(5) Development of 6 (six) or fewer new mobile home pads in ~~~~~~. ome park, for which the application is deemed complete on or after the effe
(b) The in-lieu fee to be paid for each market-rate dwelling unit SI
ercent of the subsidy needed to make affordable to a lower-income how
ivs determination of the average subsidy that would be required to make
ical, new two-bedmom/one-bath and three-bedroornltwo-bath for-sale unit
edroodone-bath and three-bedroodtwo-bath rental units, each with an
affordability tenure of at least 30 years.
(c) The dollar amount and methd of payment of the in-lieu fees sha
by a schedule adopted, from time to time, by resolution of the City Council#
shall be assessed against the market rate units/pads of a development.
ewly-constructed, typical attached-housing unit. This subsidy shall be based b
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(d) All in-lieu fees collected hereunder shall be deposited in a Housing Tru
Said fund shall be administered by the City and shall be used only for the pu
providing funding assistance for the provision of affordable housing and reasona'
/of administration consistent with the policies and programs contained in the Element of the General Plan. le) At the discretion of the City Council, an irrevocable dedication of
other non-monetary contribution of a value not less than the sum of the o
required in-lieu fee may be accepted in-lieu of providing the required affordable
units or in-lieu fees. The valuation of any land offered in-lieu shall be detennin
appraisal made by an agent mutually agreed upon by the City and the develop
associated with the appraisal shall be borne by the developer.
(f) Where an applicant/developer is authorized to pay a fee in-lieu of dew
of affordable housing units, approval of qualifying parcel maps, tentative rn
development plans, planned unit developments, residential mobile home park
redevelopment permits or conditional use permits listed in subsection 21.85.05C
be conditioned upon a requirement to pay the in-lieu fee in an amount estab
resolution of the City Council in effect at the time of payment.
As an alternative to paying required in-lieu fee(s), inclusionary
requirements may be satisfied either through a combined inclusionary housini
pursuant to Section 21.85.110 of this Chapter or new construction of
(g)
hclusionary units, pursuant to Section 21.85.040 of this Chapter.
21.85.060. Inclusionarv Houshn Impact Fee.
(a) For the following classes of residential projects, for which the appl
deemed complete before the effective date of this Ordinance, the inclusionaq requirement for lower-income households may be met by the payment to the (
inclusionary housing impact fee.
(1) Residential projects, of any size, establishing individual lots ox
units (i.e.: parcel maps, tentative maps, tentative maps for the conversion of ai
to air-space condominiums, site development plans, planned unit devel
lconditional use permits, residential mobile home park permits, and redev
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I.8 permits), for which the application was accepted and deemed complete or apprc
,/to the effective date of this Ordinance. I
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effective date of this Ordinance.
(3) Any residential tentative map or paicel map revision, in
tentative map revision for the conversion of apartments to air-space condominiu
size, for which the application was deemed complete prior to the effective &
ordinance and is approved on, before or after the effective date of this Ordin
(4) Any residential tentative map or parcel map for which the a
'was deemed complete before the effective date of this Ordinance, which was
on, before or after the effective date of this Ordinance, and is subsequently ap]
extension on, before, or after the effective date of this Ordinance.
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(5) Any residential planned unit development, site developme conditional use permit, residential mobile home park permit or redevelopment pe hich the application was deemed complete before the effective date of phis 01
subsequently approved for amendment on, before, or after the effective datc
Ordinance.
(b) Those residential projects which were approved on or before the effec
which was approved on, before, or after the effective date of this Ordinance
of this Ordinance, and for which a condition of approval was to pay inclusiom
fees shall instead pay a housing impact fee, in accordance with this Section.
(c) The housing impact fee to be paid for each market-rate dwelling uni
15 percent of the subsidy needed to make affordable to a lower-income housc
market-rate rent at a typical existing apartment for a period of 30 years. Thi:
shall be based upon the Ciws determination of the average subsidy that 1
required to make affordable rents for typical one-, two-, thee-, and four-
apartments. The average subsidy shall be weighted for the actual demand for
by number of bedrooms, as determined by the applications for lower-income a
(d) The dollar amount of the inclusionary housing impact fee shall be f
schedule adopted, from time to time, by resolution of the City Council. Said fec
assessed against the market rate units of a development.
(e) The inclusionary housing impact fee shall be paid, as an individual er market-rate dwelling unit basis at the time of building permit issuance, or pr
ecordation of final map and/or issuance of certificate of compliance for conw
existing apartments to airspace condominiums.
(f) All housing impact fees collected hereunder shall be deposited in a
rust Fund. Said fund shall be administered by the City and shall be used on
urpose of providing funding assistance for the provision of affordable hoi
easonable costs of administration consistent with the policies and programs (
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owing qualified and approved by the City, h
the Housing Element of the Genera3 Plan.
21.85.070. Regulations for New Master Plans or Specific Plans. (Apprc
(a) This Chapter requtes the following:
the effective date of this Ordinance.) I
(1) Not less than fifteen percent (15%) of all base residential ur
ew master plan or specific plan shall be set aside for occupancy by and
1 (b) For those developments which are required to provide ten or II
affordable to lower income households, at least ten percent of the lower inci
'shall have three or more bedrooms.
(c) The inclusionary housing requirement for lower-income household!
master plan or new specific plan may not be met by the payment to the City of
fee, other in-lieu contributions or inclusionary housing impact fee, with the exce
any resulting fractional inclusionary unit may be satisfied through the paymer
as set forth in Section 21.85.040(c) of this Chapter. I
(d) All new master plans and specific plans are required by this Chapter
an Inclusionary Housing Plan within the master plan or specific plan docur
Inclusionary Housing Plan will include appropriate text, maps, tables, or
I b affordable to lower-income households.
establish the basic framework for implementing the requirements of this Chapti
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on or before the effective date of this Ordinance.)
(a) This Chapter requires the following:
(1) Not less than fifteen percent (15%) of all base residential UT
existing master plan or specific plan shall be set aside for occupancy by ant
affordable to lower-income households.
(b) For those developments which are required to provide ten or n
affordable to lower-income households, at least ten percent of the lower-hc
shall have three or more bedrooms. I
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plan or specific plan document an Inclusionary Housing Plan, consistent with
21.85.070 (dl of this Chapter.
(dl Consistent with Sections 21.85.040 and 21.85.050 of this Chapter,
classes of projects or permits within an existing master plan or specific plan ma:
their hclusionary ho'wing requirement for lower-income households through the 1
to the City of an in-lieu fee or other in-lieu contributions.
(e) Consistent with Section 21.85.060 of this Chapter, certain classes of or pennits within an existing master plan or specific plan may satisfy their incll
housing requirement through the payment of an inclusionary housing impact ft
For the purpose of determining the number of required lowa
inclusionary units in an existing master plan or specific plan, the following standa (f)
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btained by the following formula:
Lower-Income Inclusionary units = "base" x 0.15.
(8) The base for an existing master plan or existing specific plan shall
o the sum of the maximum number of dwelling units permitted under that
ter plan or specific plan for all phases or individual developments within the
aster plan or specific plan. If a density bonus is or subsequently becomes awa
* creased density is not included in the base when determining the number of
clusioxxiry units relative to the base project yield. The base for existing maste
'bpecific plan phases and developments shall not be less than the maximum ni welling units permitted for that phase or development in the existing masta
peciiic plan, except for the following specific development phases of an existin
lan or specific plan:
(1) Where building permits were issued, on or before the effec
f this Ordinance, for the construction of new dwelling units approved in a ma
r specific plan phase or individual development area, the number of dwell
pproved via said permits shall be subtracted from the base as otherwise deten
at phase or individual development.
(2) Where a tentative map or final map (which establishes i esidential lots or dwelling units) for any phase or individual development q
rdinance, or the application for said tentative map was received and deemed
aster plan or specific plan was either approved, on or before the effective da F
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the master plan or specific plan, then the base shall be equal to the number oj
units actually approved on the tentative map or final map for that phase or i
(3) For any phase or individual development area of a maste specific plan for which a tentative map (which establishes individual resident
dwelling units) has not been deemed complete or approved, before the effecti
this ordinance, the base shall be equal PO the maximum number of dwel
permitted under that master plan or specific plan for that phase or individual de\
area. If in the course of reviewing a phase or individual development area oj
lor specific plan, the final decision making authority of the City determine:
development of the master plan or specific plan.
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authority of the City. If a density bonus is or subsequently becomes awa
increased density is not included in the base when determining the number of
inclusionary units relative to the base project yield.
(g) where a residential subdivision was either approved on or before the
date of this ordinance, or the application for said residential subdivision was rec
deemed complete by the Planning Department, before the effective date of this o
and the number of approved dwelling units is less than the base number of dwel
achievable, than the base shall be equal to the number of dwelling unit5
approved on the residential subdivision.
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(h) An Affordable Housing Agreement shall be made a condition
discredonary permits for development of the residential subdivision (Le. tentative arcel maps, planned unit developments and site development plans). The relevan
Ld conditions of the Affordable Housing Agreement shall be filed and recorded as estriction on those individual lots or units of a project which are designated location of hclusionary units. The Affordable Housing Agreement shall be COI
With Section 21.85.150 of this Chapter.
21.85.100. Redations for Mobile Home Parks.
(a) This Chapter requires the following:
(1) Not less than fifteen percent (15%) of all base mobile home (
and/or pads in any mobile home park shall be set aside for occupancy by and !
affordable to lower-income households.
(b) The development of (6) six or fewer new mobile home pads in a mobil
ark may meet their inclusionary housing requirement for lower-income house1
%e payment to the City of an in-lieu fee or other in-lieu contributions, consiste
ections 21.85.040 and 21.85.050 of this Chapter. For the purpose of determining the number of required lower
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inclusionary units the following standards shall apply:
(1) The number of required lower-income inclusionary units !
obtained by the following formula:
(c)
Lower-Income inclusionary units = '%base" x 0.15.
(d) For those developments which are required to provide ten or mo ordable to lower-income households, at least ten percent of the lower-incor
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hall have three or more bedrooms. ::[ (e) The base for a mobile home development is determined by multiplying
evelopable acreage of the project site times the growth management control poi
e project site's applicable general plan designation(s). If in the course of revi
obile home project, the final decision making authority of the City determines
ase residential yield of the project site cannot be achieved, then the base shall 1
o the maximum number of units actually approved by the final decision making a 1
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' esidential mobile home park permits, or conditional use permits). The relevant tt
conditions of the Affordable Housing Agreement shall be filed and recorded a
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Section 21.85.150 of this Chapter.
21.85.1 10. Combined Inclusionaw Housing Proiects.
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Circumstances may arise from time to time in which the public interest I
served by allowing some or all of the inclusionary units associated with one re
project site to be produced and operated at an alternative site or sites. Where tl 'in interest to the sites and the City form an agreement to such an effect, the
linked project sites shall be considered to be a single combined inclusionary
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City quadrant in which the market-rate units are located.
(g) Lnclusionary units restricted for lower-income households should b I on sites that are in proximity to or will provide access to employment oppc
/urban services, or major roads or other transportation and commuter rail faci
freeways, bus lines) and that are compatible with adjacent land uses.
(h) With the approval of the final decision making authority of the
developer/applicant may reduce both the size and amenities of the inclusion
provided that all units conform to the requirements of the applicable building an(
codes. The design of the inclusionary units shall be reasonably consistent or c( with the design of the total project development in terms of appearance, mati
finished quality.
(i) Inclusionary projects shall provide a mix of affordable dwelling
number of bedrooms) in response to affordable housing demand priorities of
whenever feasible.
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Cj) NO building permit shall be issued, nor any development approval grar
a development which does not meet the requirements of this chapter. No inch
unit shall be rented or sold except in accordance with this chapter.
21.85.130. Incentives to Offset the Cost of Affordable Housinn - DeveloDn
The inclusionary housing regulations established by this Chapter are a po
the requirements which must be met by parties wishing City approvals
construction of residential developments in the City of Carlsbad. The City shall
ssistance to enable residential projects to provide affordable housing to lower
iouseholds. Incentives or financial assistance will be offered by the City to tht
that resources for this purpose are available to the City and approved for such us(
City Council, and to the extent that the residential projects, with the use of incen
financial assistance, assists in achieving the Citfs housing goals. To the degree
City makes available programs to provide incentives or financial assistance
development industry, developers may make application for such incentives or ass
owever, nothing in this Chapter establishes, directly or through implication, a 1
Hdeveloper to receive any assistance or incentive from the City or any other 1
faith consider making available to the development industry incentives or f
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gency to enable him/her to meet the obligations established by this Chapter.
e entitled to density bonuses and/or other incentives in accordance with proVj
tate law, pursuant to the provisions of Chapter 21.86. of this code. Any in rovided by the final decision making authority of the City and the allowable
expenses established by the final decision making authority of the City shall be
'thin the Affordable Housing Agreement pursuant to Section 21.85.150. Fud
evelapers are encouraged to utilize local, state or federal assistance, when avai
eet the affordability standards set forth in Section 21.85.020 (1).
21.85.140. Prehharv Proiect ADDlication and Review Process.
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a preliminary application to the Planning Director prior to the submittal of an
applications for such housing development. The preliminary application shall inc
'following information: ,I (1) A brief description of the proposal including the nt
'inclusionary units proposed;
(2) The Zoning, General Plan designations and assesso
number(s) of the project&site;
(3) A site plan, drawn to scale, which includes: building fc
driveway and parking layout, building elevations, existing contours and proposed
and
modifications, density bonus or fee subsidies) are being requested of the City. Jus
for each incentive request should also be included.
(b) Within thirty days of receipt of the preliminary application by the
Director for projects not requesting incentives or finand assistance, or nine0 projects requesting incentives or financial incentives, the department shall prot
applicaniYdeveloper, a letter which identifies project issues of concern, the i
and/or hanaal assistance that the Planning Director can support when I
recommendation to the final decision-making authority, and the procec
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(4) A letter idenufylng what specific incentives (Le.; 5
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le inclusionary dwelling units;
(8) Where applicable, terms and conditions governing the initial sa
(9) Standards modifications granted by the City.
ale inclusionary units; and
(c) An Affordable Housing Agreement, for which the inclusionary
other than fee monies (i.e. land dedication) shall be required to include the fol
(1) The method, schedule and value of total in-lieu contribution
(2) A determination of otherwise required per market-rate dwel
requirement will be satisfied through payment to the city of any h-lieu conb
in-lieu fees as established by the schedule in effect at the time of payment.
(d) An Affordable Housing Agreement will not be required for projects w
be satisfying their inclusionary housing requirement through payment to the C
in-lieu fee or inclusionary housing impact fee.
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21 *8Sa160, Inclusionaw Housing Resale Anreement, AU buyers of for-sale inclusionary units shall enter into an Inclusionq Resale Agreement with the City‘s Housing Authority prior to purchasing th
property. The Resale Agreement shall specify that the title to the subject unit 01
may not be transferred without prior approval of the Ciws Housing Authority
21.85.1 70. Eligibility Reauirements.
Only households meeting the standards for designated lower income
defined in Section 21.85.020 shall be eligible to occupy inclusionary units.
21.85.180. Management and Monitorhp;,
(a) Inclusionary rental units shall be manageuoperated by the owner o
or his or her agent. Each owner of inclusionary rental units shall submit an ann
to the City, at the end of the previous calendar year, identifying which
inclusionary units, the monthly rent, vacancy information for each inclusionary 1
for the prior year, monthly income far tenants of each inclusianary rental dt tl the prior year, and other information as required by the City, while ensuring tl
of the tenant.
21.85.190. Collection of fees.
All fees collected under this Chapter shall be deposited into a Housing 7
and shall be expended only for the affordable housing needs of lower-income hc
and reasonable costs of administration consistent with the purpose of this Cha
21.85.200. Separability of Provisions.
If any provision of this chapter or the application thereof to any
circumstances is held invalid, the remainder of the chapter and the applicat
provision to other persons not similarly situated or to other circumstances sh
affected thereby.
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‘1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
I and the City Clerk shall certify to the adoption of this ordinance and caus
published at least once in the Carlsbad Sun within fifteen days after its adoptil
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad (3
on the 13th day of ADril , 19% and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of thf
, 19 93 , by the following vote, to wi bad on the 20th day of APRIL
AYES; Council Members Lewis, Stanton, Kulchin
ABSENT: Council Members Nygaard, Finnila
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ORDINANCE NO. NS-233
AN ORDINANCE OF THE CITY COUNCIL OF THE CITIOFCARLSBAD, CALIFORNL4,AMENDINGTITLE
21 OF THE CARLSBAD MUNICIPAL CODE BY THE
ADDlTION OF CHAPTER 21.86 TO ESTABLISH
REQUIREMENTS FOR THE RESERVATION AND AFFORDABILITY OF HOUSING UNITS FOR LOWER-
AND SENIOR CEIZENS IN RESIDENTIAL PROJECTS
UNDER A CITY WIDE DENSITY BONUS PROGRAM.
APPLICANT: CITY OF CARLSBAD
INCOME AND MODERATE-INCOME HOUSEHOLDS
CASE NO: ZCA 91-05
WHEREAS, the California Government Code Section 65915 pe
developer of a residential project of five (5) or more units on a specific site to requ
the project be granted either a minimum 25% density bonus and at least one ad
incentive or concession, or incentives of equivalent financial value for the pur
providing affordable housing for very low-income or low-income households
qualifying (senior) residents; and
WHEREAS, the California Government Code Section 65915.5 pe
developer proposing to convert apartments to condominiums, to request that the
be granted a minimum 25% density bonus or other incentives of equivalent financia
in exchange for reserving a specific percentage of the converted condominium u
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lower or moderate-income households; and
WHEREAS, the California Government Code Sections 65915 and f
require that local jurisdictions adopt an ordinance which establishes the proced
implementing the density bonus/incentive program;
WHEREAS, it is a program of the Housing Element of the City's C
Plan to prepare an Ordinance which implements State Government Code Section5
and 65915.5.
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The City Council of the City of Carlsbad, California does ordain as follow
SEmON 1: That Title 21 of the Carlsbad Municipal Code is amendec
addition of Chapter 21.86 to read as follows:
"Chapter 21.86
RESIDENTIAL DENSITY BONUS OR IN-LIEU INCENTIVES
Sections:
21.86.010 Purpose and Intent
21.86.020 Definitions
21.86.030
2 1.86.040
21.86.050
2 1.86.060
21.86.070 Density Bonus Housing Standards
21.86.080 Expiration of Affordability Tenure
21.86.090
21.86.100
21.86.110 Density Bonus Resale Agreement
21.86.120 Eligibility Re quire ments
21.86.130 Management and Monitoring
2 1.86.140
21.86.150 Separability of Provisions
21.86.010. Puruose and Intent.
The public good is served when there exists in a city, housing which is appr
for the needs of and affordable to all members of the public who reside within tl
Among other needs, there is in Carlsbad a need for housing affordable to lower- / households and senior citizens. Therefore, it is in the public interest for the
Regulations for New Residential Construction
Regulations for Condominium Conversions
Combined Density Bonus Housing Projects
Density Bonus, Equivalent In-lieu Incentives, and Additio
Incentives
Density Bonus or In-lieu Incentive Application and Review
Inclusion of Density Bonus Housing Agreement as a Cond
Development
Administrative Fee for Target Dwelling Units
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promote the construction of such additional housing through the exercise of its pow
the utilization of its resources.
(a) It is the purppse of this Chapter to provide incentives to developers production of housing affordable to lower-income households, moderate-
households and senior citizens.
(b) It is the purpose of this Chapter to implement the goals, objectiv policies of the Housing Element of the City's General Plan.
(c) It is the purpose of this Chapter to implement Sections 65915 - 65917
California Government Code.
(d) Nothing in this chapter is intended to create a mandatory duty on behal
City or its employees under the Government Tort Claims Act and no cause of
against the City or its employees is created by this chapter that would nc
independently of the provisions of this chapter.
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21.86.020. Definitions.
Whenever the following terms are used in this Chapter, they shall have the n established by this section:
(1) "Additional incentive(s)" means any incentive(s) that is off
addition to the twenty-five percent (25%) density bonus.
(2) "Affordable housing (Density Bonus)" means housing for wk allowable housing expenses paid by a qualifyng household shall not exceed a si
of housing:
A. Very low-income, rental and for-sale units: 30 percer
gross monthly income, adjusted for household size, at 50 percent of the County
income.
B. Low-income, rental units: 30 percent of the gross
income, adjusted €or household size, at 60 percent of the County median incorn,
C. Low-income, for-sale units: 30 percent of the gross
income, adjusted for household size, at 70 percent of the County median incom
D. Moderate-income, for-sale units: 35 percent of tl
monthly income, adjusted for household size, at 110 percent of the County median
"Allowable Housing Expense" means the total monthly 01
recurring expenses required of a household to obtain shelter. For a for-sale unit, a
housing expenses include loan principal, loan interest, property and mortgage ir
property taxes, home owners association dues and a reasonable allowance for utili
a rental unit, allowable housing expenses include rent, and a reasonable allow
utilities.
(4) "Combined density bonus housing project" means separate re
development sites which are linked by a contractual relationship such that some
the target dwelling units and/or density bonus dwelling units which are associi
one development site are produced and operated at an alternative developme<
(5) "Conversion" meam the change of occupancy of a dwelling 1 owner-occupied to rental or vice versa.
(6) "Density bonus (condominium conversions)" means a minimun
of at least twenty-five percent (25%) over the number of apartments within th
structure or structures proposed for conversion.
fraction of the gross monthly income, adjusted for household size, for the fo\\~winl
(3)
sites.
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(7) "Density Bonus (new residential construction)" means a minimu
increase of at least twenty-five percent (25%) over either the Growth Ma
Control Point of the applicable General Plan designation, & defined in Section
of this Title, or the othenvise maximum allowable residential density as specifi
applicable master plan or specific plan, at the time of application.
(8) "Density bonus dwelling units" means those residential unil
pursuant to the provisions of this Chapter which are above the maximum
residential yield of the project site.
(9) "Density Bonus Housing Agreement" means a legally binding i between a developer and the City to ensure that the density bonus requireme
Chapter are satisfied. The agreement establishes the number of target dwellin€
density bonus dwelling units, the unit sizes, location, affordability tenure,
conditions of affordability and unit production schedule.
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e a
(lo) "Growth Management Control Point" shall have the same mez
Chapter 21.90, Section 21.90.045 of this Title.
(1 1) "Housing Development" means a new residential developr
conversion of existing residential building(s) of five (5) or more residential dwellir (12) "In-lieu Incentives" means incentives offered by the City, whic
equivalent financial value based upon the land cost per dwelling unit(s), that are
in-lieu of the twenty-five percent (25%) density bonus and additional incentive. (13) "Incentives" means such regulatory concessions as stipulated
Government Code Section 65915(h), to include, but not be limited to the reductic-
development standards or zone code requirements, approval of mixed use z
conjunction with the housing project, or any other regulatory incentive which wo1
in identifiable cost reductions to enable the provision of housing for lowe
households and qualifymg residents.
(14) "Income" means any monetary benefits that is determined as
accordance with the criteria and procedures used by the City of Carlsbad Ho
Redevelopment Department for the acceptance of applications and recertificatic
Section 8 Rental Assistance Program, or its successor.
(15) "Low-income Household" means those households whose grc
is more than 50 percent but does not exceed 80 percent of the median incon Diego County as determined annually by the U.S. Department of Housing a
Development.
( 16) "Lower-income Household" means low-income and very 1f
households, whose gross income does not to exceed 80 percent of the area medi
(17) "Market-rate Unit" means a dwelling unit where the rental r:
price is not restricted either by this Chapter or by requirements imposed thr,
local, state, or federal affordable housing programs.
(18) "Maximum allowable residential yield" means the maximi
of residential units permitted on the project site, which number of units is ca
multiplying the net developable acreage of the project site times the growth F
control point(s) €or the project site's applicable residential General Plan desi
(19) "Moderate-income Household" means those households 1
income is more than 80 percent but does not exceed 120 percent of the mec 1 for San Diego County as determined annually by the U.S. Department of 1
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Urban Development. (20) ''partial Density Bonus" means a density bonus less thaI
ercent (25%).
(21) "Qualifymg Resident" means a resident as defined in Se p
the California Civil Code.
(22) 'Target Dwelling Unit" means a dwelling unit that will b
rent or sale exclusively to and which shall be affordable to the designated i
or qualified (senior) resident, as required by this Chapter.
(23.) 'Target Income Level" means the income standards for
and moderate-income levels within San Diego County as determined annual
Department of Housing and Urban Development, and adjusted for family
(24) "Very Low-income Household" means a household e?
income equal to 50 percent or less of the median income for San Die
determined annually by the U.S. Department of Housing and Urban Dew
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21.86.030. Reeulations for New Residential Construction.
(a) The City shall grant either: a density bonus and at least one a
incentive, as set forth in Section 21.86.O6O(c), or in-lieu incentives of equivalent
value, as set forth in Section 21.86.060(c) to an applicant or developer of a
development of at least five (5) units, who agrees to construct the following:
(1) A minimum of twenty percent (20%) of the total units of the
development as restricted and affordable to low-income households, or
(2) A minimum of ten percent (10%) of the total units of the development as restricted and affordable to very low income households; or
(3) A minimum of fifty percent (50%) of the total units of the
(b) In determining the number of density bonus dwelling units to bt
pursuant to the standards of this Section, the maximum allowable residential yie
site, shall be multiplied by 0.25. Any resulting decimal fraction shall be round
next larger integer.
the standards of this Section, the maximum allowable residential yield shall be I
by either 0.10, 0.20 or 0.50, for very low-income households, low-income hous
qualified residents, respectively. The density bonus shall not be included when de
the number of housing units which is equal to ten percent (lo%), twenty perce
or fifty percent (50%) of the total units of the housing development. Any decimal fraction shall be rounded to the next larger integer.
(d) In cases where a density increase of less than twenty-five percent requested, no reduction will be allowed in the number of target dwelling units
(e) In cases where a density increase of more than twenty-five percenl requested, the requested density increase is an additional density bonus anc
considered an additional incentive, in accordance to Section 21.86.060(c) of thi:
The final decision making authority of the City may at its discretion grant an
density bonus if a written finding is made by the final decision making authority (
that the additional density bonus is required in order for allowable housing expe
set as affordable. The City in granting an additional density bonus may req
portion of the additional density bonus to be designated as target dwelling uni
(f) In cases where the developer agrees to construct both twenty percl
of the total units for low-income households and ten percent (10%) of the tota
very low-income households, the developer is entitled to only one density box
least one additional incentive.
(g) A Density Bonus Housing Agreement shall be made a condit discretionary permits (Le.; tentative maps, parcel maps, planned unit dew
condominium permits, site development plans and redevelopment permits) for i
developments that request a density bonus and additional incentives or in-lieu
The relevant terms and conditions of the Density Bonus Housing Agreement sh
and recorded as a deed restriction on those individual lots or units of
development which are designated for the location of target dwelling units. TI
Bonus Housing Agreement shall be consistent with Section 21.86.100 of this
development as restricted to qualified (senior) residents,
(c) In determining the number of target dwelling units to be reserved pi
2 1.86.040. Regulations - for Condominium Conversions.
(a) The City shall grant either: a density bonus, or in-lieu incentives of
financial value, as set forth in Section 21.86.060(c), to an applicant or developer
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to convert apartments to condominiums, and who agrees to provide the followin
(1) A minimum of thirty-three percent (33%) of the total units housing development as restricted and affordable to low-income or moderate-]
households; or
(2) A minimum of fifteen percent (15%) of the total units of the 1 development as restricted and affordable to lower-income households.
(b) An appiicant/developer proposing to convert apartments to condominiui be ineligible for a density bonus or in-lieu incentives under this Section if the apa
proposed for conversion constitute a housing development for which a density bl
in-lieu incentives were previously provided under this Chapter.
(c) In determining the number of density bonus dwelling units to be pursuant to the standards of this Section, the number of existing apartment unit
the structure or structures proposed for conversion shall be multiplied by 0.2
resulting decimal fraction shall be rounded to the next larger integer.
(d) In determining the number of target dwelling units to be reserved pur
the standards of this Section, the number of existing apartment units within the s
or structures proposed for conversion shall be multiplied by either 0.33 or 0.15,
or moderate-income households or lower-income households, respectively. The
bonus shall not be included when determining the number of housing units which
to thirty-three percent (33%) or fifteen percent (15%) of the total units of the
development. Any resulting decimal fraction shall be rounded to the next large]
(e) In cases where a density increase of less than twenty-five percent requested, no reduction will be allowed in the number of target dwelling units 1
(f) A Density Bonus Housing Agreement shall be made a conditio
discretionary permits (tentative maps, parcel maps, planned unit developm
condominium permits) for all condominium conversion proposals that request e
bonus or in-lieu incentives. The relevant terms and conditions of the Densi
lots or units of a project development which are designated for the location
dwelling units. The Density Bonus Housing Agreement shall be consistent wit1
21.86.100 of this Chapter.
Housing Agreement shall be filed and recorded as a deed restriction on those i
2 1.86.050. Combined Densitv Bonus Housing Proiects.
Circumstances may arise from time to time in which the public interest
served by allowing some or all of the density bonus and/or target dwelling units i
with one residential project site to be produced and operated at an alternatj
sites. Where the parties in interest to the sites and the City form an agreeme
an effect, the resulting linked project sites shall be considered to be a single
density bonus housing project.
It is the exclusive prerogative of the final decision making authc
City to determine whether or not it is in the public interest to authorize the
sites to form a combined density bonus housing project.
All agreements between parties to form a combined density bon
project shall be made a pan of the Density Bonus Housing Agreement (Sectior of this Code) required for the sites.
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21.86.060. Density Bonus. EQuivalent In-lieu Incentives, and Additional Inc
(a) Upon application by a developer, pursuant to Section 21.86.030, t decision-making authority of the City shall grant either: a density bonus and at b
additional incentive or in-lieu incentives of equivalent financial value to qualifiej income or senior housing developments.
(b) Upon application by a developer, pursuant to Section 21.86.040, 4 decision-making authority of the City shall grant either: a density bonus c
incentives of equivalent financial value to qualified lower-income and/or moderatc
(c) Additional incentives or in-lieu incentives, as defined in Sections 21.1
and (12) respectively, may include, but are not limited to, the following:
(1) A reduction in site development standards or a modification (
code requirements or architectural design requirements which exceed the 1
building standards approved by the State Building Standards Commission as prl
Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safi
including, but not limited to, a reduction in setback and square footage requirer
in the ratio of vehicle parking spaces that would othenvise be required;
Approval of mixed use zoning in conjunction with the
development if land uses are compatible with the housing development and I
zoning will reduce the cost of developing the housing; or
(3) Other regulatory incentives or concessions proposed by the 1
or the City which result in identifiable cost reductions;
(4) Partial or additional density bonus; (5) Subsidized or reduced planning, plan check or permit fees; :
(6) Direct financial aid including, but not limited to redevefopmer:
funding, Community Development Block Grant funding, or subsidizing infrastruc
cost or construction costs or other incentives of equivalent financial value base,(
land costs per dwelling unit.
(d) The value of each incentive will vary from project to project, additional incentives or in-lieu incentives shall be determined on a case-by-cai
(e) The City shall provide at least one additional incentive, for qualific
housing developments,
(2)
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1 developments as set forth in Section 21.86.30, upon a written request by the 1 unless the City makes a written finding that the additional incentive is not r
order for allowable housing expenses to be set as affordable. The applicant/(
be required to show that the additional incentive is economically necessary tc
units affordable as requked by this Chapter. The process for requesting an
incentive and the criteria for evaluating such request is contained in Section 2
this Chapter.
(f) It is the exclusive prerogative of the City to offer in-lieu incentives of
financial value, based upon the land cost per dwelling unit, instead of a density
at least one additional incentive. (g) Where a density bonus would cause a housing development targetec
income households, moderate-income households or qualified seniors to exceec
end of the General Plan density range for the project site, then this requc
evaluated relative to the proposal's compatibility with adjacent land uses and i
to employment opportunities, urban services or major roads.
(h) All qualified housing developments as set forth in Sections 2 21.86.40 shall be given priority in processing.
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21.86.070. Densitv Bonus Housing - Standards.
(a) Notwithstanding a developer’s request to process a residential project 1 to this Chapter, all residential projects are subject to and must satisfy the requi
(i.e. number of required lower and/or moderate-income units, tenure of affordabi target income groups) of Chapter 21.85 (Inclusionary Housing) of this Code.
(b) Some of the provisions of this Chapter may satisfy the developer’s incll
housing obligations (i.e.: 15 percent of the base units reserved as affordable tc income households for a minimum 30 year tenure) consistent with Chapter 21.8
Code, and other provisions of this Chapter will not.
(c) Required target dwelling units should be constructed concurrent wit1
rate dwelling units unless both the final decision making authority of the City
developer/applicant agree within the Density Bonus Housing Agreement to an ali
schedule for development.
(d) Target dwelling units shall remain restricted and affordable to the de
group for a period of at least thirty (30) years, or a longer period of time if req
the construction or mortgage financing assistance program, mortgage insurance I
or rental subsidy program, under the following circumstances:
(1) Both a density bonus and at least one additional incentive are
by the City;
(2) In-lieu incentives in the form of direct financial contributions are
(3) Any target unit which is provided through the conversion of ap
to air space condominiums.
(e) Target dwelling units shall remain restricted and affordable to the de
group for a period of at least ten (10) years under the following circumstances
(1) Only a density bonus is granted and no additional incentives are
by the City; or
(2) In-lieu incentives other than direct financial contributions are by the City.
(f) Target dwelling units and density bonus dwelling units should be bui
and, whenever reasonably possible, be distributed throughout the project site.
(g) In certain cases where a combined density bonus housing project is p 1 the target dwelling units and density bonus dwelling units may be provided (
by the City: or
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separate from the site of the market-rate units. Construction of the target dwel
and density bonus dwelling units is limited to sites within the same City quai
a road, which forms a quadrant boundary, and the two properties are contiguou
for the presence of the roads, then the target dwelling units and/or density bonus 1
be provided on the other property. Where the target dwelling units are located
master or specific plan area, the first priority for location of the alternative site
the same master or specific plan, followed in order by the same Local
Management Zone. In the event that a Local Facilities Management Zone crc
quadrants, the target dwelling units and density bonus dwelling units shall be locat
the same City quadrant in which the market-rate units are located.
(h) Target dwelling units should be located on sites that are in proximity
provide access to employment opportunities, urban services, or major roads
transportation and commuter rail facilities (Le. freeways, bus lines) and
compatible with adjacent land uses.
which the market-rate units are located. However, in the event that two propel
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(i) Density bonus projects shall include a mix of target dwelling units (by
Of bedrooms) in response to affordable housing demand priorities of the City, Y
feasible.
(j) Density bonus projects shall comply with all applicable development SI except those which may be modified as an additional incentive as provided he:
regard to additional incentives. In addition, all units must conform to the requ of the applicable building and housing codes. The design of the target dwell
shall be reasonably consistent or compatible with the design of the tota
development in terms of appearance, materials and finished quality.
(k) No building permit shall be issued, nor any development approval grz
a development which does not meet the requirements of this chapter. No targel
unit shall be rented or sold except in accordance with this chapter.
21.86.080. Emiration of Mordabilitv Tenure.
(a) At the end of the minimum tenure for rental units in projects contain
target dwelling unit(s) shall be prepared by the propersy owner and submitt
Housing and Redevelopment Director. Within 90 days of the notification of a
of the rental project or for sale target dwelling unit(s), the City, or its designee hl
right of refusal to buy the rental project or for-sale target dwelling unit(s) for the
of providing affordable housing. Under this option, the City or its designee w
good faith effort to close escrow within 90 days. The sales price of the rental
for-sale unit(s) shall be the fair-market appraised value at the time of sale,
continued affordability restrictions. The fair-market valuation of the rental proj
sale target dwelling unit(s) shall be determined by an appraisal made by an agen
agreed upon by the City and the property owner. Costs associated with the appi
be borne by the property owner.
(b) If the City or its designee fails to exercise its option of first right of
purchase the rental project or for-sale target dwelling unit(s) within 90 days of n
of availabiljty of the rental project or for-sale units, then the target units may be
(1) The management of the complex intending to convert target r
units or fopsale target dwelling units a notice of availability of the rental project (
to rnarkebrate units under the following circumstances:
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to market-rate units shall give notice of such intent, via registered mail, to eac
tenant household and to the City Clerk. Said notice shall be given at least or
eighty (180) days prior to the date proposed for conversion to market-rate re
(2) Each affected tenant household shaU be eligible to reu relocation assistance in an amount equal to four (4) months rent, said assist
provided by the owner/management company and paid to the tenant at leas
days prior to conversion to market-rate rents.
21.86.090. Densitv Bonus or In-lieu Incentive ADDlication and Review
(a) All residential projects requesting a density bonus, additional ina in-lieu incentives pursuant to this Chapter, shall be required to comply with th
application requirements:
(1) Application for on-site target dwelling units: Target dw
proposed to be developed within the same project site requiring such un:
designated on the project plans and shall be processed under a Site Develo]
application in addition to the otherwise required project development applical
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tentative maps, parcel maps, planned unit developments, conditional use pen
redevelopment permits). The Site Development Plan shall be processed pur
Section 21.53.120 of this Code. No additional hearings or approvals shall be 1
except as provided herein with regard to the provision of financial incentives
application involves a request to the City for direct financial incentives, then any ( the Planning Commission on the application shall be advisory only, and the Cit,
shall have the authority to make the final decision on the Site Developm
application and any related discretionary permits.
(2) Application for Combined Density Bonus Housing Projects:
development application(s) (including the submittal of a Site Development Plan
processed concurrently for both sites unless the alternative site has previously
its discretionary permits. No additional applications, hearings or approvals
required, except as provided herein with regard to the provision of financial ir
If the application involves a request to the City for direct financial incentives,
action by the Planning Commission on the application shall be advisory only, anc
Council shall have the authority to make the final decision on all of the
development permits.
(b) Preliminary application: An applicant/developer proposing a dens
housing project, shall submit a preliminary application prior to the submittal of a
requests for approvals of such housing development. The preliminary applica
include the following information:
(1) A brief description of the proposal including the number dwelling units and density bonus units proposed;
(2) The Zoning, General Plan designations and assessors parcel n
of the project site;
(3) A site plan, drawn to scale, which includes: building footprints,
and parking layout, building elevations, existing contours and proposed grading
(4) A letter identifymg what specific incentives (Le.; standards mod
density bonus, or fee subsidies) are being requested of the City. Within thirt
receipt of the preliminary application by the Planning Director for projects not r
direct financial assistance from the City, or ninety days for projects request
financial assistance from the City, the department shall provide to an applicant/c 1 a letter which identifies project issues of concern, the financial assistance that the
Director can support when making a recommendation to the final decisio
authority and the procedures for compliance with this Chapter. The applicant
be provided with a copy of this Chapter and related policies, the pertinent sectil
California codes to which reference is made in this Chapter and all required a
forms.
(c) Submittal: The completed application(s) shall include the
information:
(1) A legal description of the total site proposed for developmc
target dwelling units including a statement of present ownership and present and
zoning;
(2) A letter signed by the present owner stating what incentives,
being requested from the City;
(3) A detailed vicinity map showing the project location and such
the location of the nearest commercial retail, transit stop, potential employment
park or recreation facilities or other social or community sexvice facilities.
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(4) Site plans, designating the total number of units proposed 01
including the number of target dwelling units and density bonus dwelling I
supporting plans per the application submittal requirements.
(5) In the case of a request for any incentive(s), a pro-form
proposed project to just* the request.
(6) In the case of a condominium conversion request, a report doc:
the following information for each unit proposed to be converted: the monthly
tenants of each unit throughout the prior year, the monthly rent for each unit tl
the prior year, and vacancy information for each unit throughout the prior ye2
(d) Review: The Community Development Director and/or hisher desig
shall evaluate the request based upon the following criteria:
(1) The density bonus housing project helps achieve the City's hoi
for lower-income, moderate-income or qualified senior households, as set fc
Housing Element of the General Plan;
(2) The requested incentive(s) (including, but not limited to, density bonuses, requests for a mixed use project, reduction in development sta
direct or indirect financial contributions) must be necessary to make tt
economically feasible;
(3) The housing project shall not result in an overall developme
that is incompatible with other land uses in the immediate vicinity; and
(4) The density bonus housing project complies with the Gel zoning and development policies of the City of Carlsbad.
(5) That the conversion of apartment units to condominiums shal
in a reduction in the affordable housing stock for lower income groups, as o
recent inventory.
(6) In cases where an appkddeveloper agrees to construct development with ten percent (10%) or twenty percent (20%) or fifty percen
the units restricted and affordable to very low-income, low-income, or qualified 1
respectively, and an additional incentive is requested, the Planning Director and,
cannot disallow the incentive(s) listed in Section 21.86.060(c) on the basis
materially detrimental to public health and safety.
21.86.100. Inclusion of Densitv Bonus Housing Aareement as a Cc
DeveloDment.
(a) Applicants/developer, requesting a density bonus, additional incen
lieu incentives pursuant to this Chapter, shall demonstrate compliance with tk
by the preparation and approval of a Density Bonus Housing Agreement.
the draft agreement shall be reviewed by the Planning Director and Director
and Redevelopment, who shall formulate a recommendation and refer the mi
Community Development Director or hisher designee for final approval. FO
approval and the signing by all parties, the completed Density Bonus Housing
shall be recorded and the relevant terms and conditions therefrom filed and I
a deed restriction on those individual lots or units of a property which are des
the location of target dwelling units. The approval and recordation shall take
to final map approval, or, where a map is not being processed, prior to
building permits for such lots or units. The Density Bonus Housing Agreemi
binding to all future owners and successors in interest.
Bonus Housing Agreement shall be submitted by the applicant to the City. TI
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(b) A Density Bonus Housing Agreement for new residential cor
(1) The number of density bonus dwelling units granted;
(2) The number of lower-income and senior dwelling units prop
(3) The unit size(s) (square footage) of target dwelling units
(4) The proposed location of the lower-income and senior targei
(5) Tenure of restrictions for target dwelling units (of at least
(6) Schedule for production of target dwelling units;
(7) Incentives and/or financial assistance provided by the City;
(8) Where applicable, tenure and conditions governing the initial 5
sale target units; and
(9) Where applicable, tenure and conditions establishing r procedures for qualifymg tenants, setting rental rates, filling vacancies, and oper
maintaining units for rental target dwelling units.
(c) A Density Bonus Housing Agreement for condominium conversions 1
/( 1) The number of density bonus dwelling units granted;
(2) The number of lower and moderate-income dwelling units p
(3) The unit size(s) (square footage) of target dwelling unik
(4) The proposed location of the lower and moderate-incoi
(5) Tenure of affordability for target dwelling units (30 year min
(6) Schedule for production of target dwelling units;
(7) In-lieu incentives provided by the City; and
(8) Terms and conditions of for-sale target dwelling units.
processed pursuant to this Chapter shall include the following:
number of bedrooms per target dwelling unit;
units;
years);
pursuant to this Chapter shall be required to include the following:
number of bedrooms per target dwelling unit;
dwelling units;
(d) Where an Inclusionary Housing Agreement is required pursuant t 21.85.160, both the Density Bonus and Inclusionary Housing Agreements
combined into a single Housing Agreement. I
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2136.110. Densitv Bonus Resale Agreement.
(a) All buyers of for-sale target dwelling units shall enter into a Dens
Resale Agreement with the City’s Housing Authority prior to purchasing th
property. The Resale Agreement shall specify that the title to the subject prope
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21 I may not be transferred without prior approval of the City’s Housing Authority
(b) Where an Inclusionary Resale Agreement is required pursuant ti 21.85.170, both the Resale Agreements for inclusionary for-sale units and targf
units shall be combined into a single Resale Agreement.
21.86.120. Elimiilitv - Reauirements.
Only households meeting the standards for lower-income households, x
income households, and qualified (senior) residents as defined in Section 21.a
be eligible to occupy target dwelling units. ...
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21.86.130. Manaeement and Monitoring.
Rental target dwelling units shall be managed/operated by the develope:
her agent. Each developer of rental target dwelling units shall submit an ann1
to the City identlfylng which units are target dwelling units, the monthly ren
information for each target rental dwelling unit for the prior year, monthly H
tenants of each target rental dwelling unit throughout the prior year, and other in
as required by the City, while ensuring the privacy of the tenant.
21.86.140. Administrative Fee for Target Dwellinp Units.
Over the minimum tenure of projects containing target dwelling units, th
either'directly or, via one or more third parties, provide a number of recurrix,
associated with the administration and monitoring of such units. Although the
of some of these services will be within the normal purview of existing City
Unless and until alternative funding sources are identified, it is necessary to r(
builders/owners of residential projects to share in these administrative costs. r
the City Council hereby establishes an administrative fee for target dwelling
amount to be established by City Council resolution and paid prior to the i$
building permit(s).
others will involve new costs to the City for which there are no existing fundin
21.86.150. SeDarabilitv of Provisions.
If any provision of this chapter or the application thereof to any circumstances is held invalid, the remainder of the chapter and the appiicat
provision to other persons not similarly situated or to other circumstances sk
affected thereby.
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EFFECXTVE DATE: This ordinance shall be effective thirty d
adoption, and the City Clerk shall certify to the adoption of this ordinance an
be published at least once in the Carlsbad Sun within tifteen days after its i
IN'kODUCED AND FIRST READ at a regular meethg of the C
Council on the 23rd day of MARCH , 19 93 , and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Counc
,19 93 J by the following vo of Carlsbad on the 20th day of APRIL
AYES:
NOES: None
ABSENT: Council Members Nygaard, Finnila
Council Members Lewis, Stanton, Kulchin
APPROVED AS TO FORM AND LEGALITY
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ATTEST:
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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:
tt21.04.021. Affordable Housins.
IIAffordable Housingtt means housing for whj
allowable housing expenses for a for-sale or rental dwellj paid by a household would not exceed 30 percent of th monthly income for target income levels, adjusted for hc
size. @a
SECTION 2: That Title 21, Chapter 21.04
Carlsbad Municipal Code is amended by the addition of
21.04.186 to read as follows:
'l21.04.186. Household - Low-Income.
IILow-Income Householdt1 means those household gross income is at least 50 percent but less than 80 pel the median income for San Diego County as determined ann1 the U.S. Department of Housing and Urban Development.t*
SECTION 3: That Title 21, Chapter 21.04
Carlsbad Municipal Code is amended by the addition of
21.04.187 to read as follows:
18 21.04.187. Household - Moderate Income.
"Moderate-Income Householdt9 means those ha
whose gross income is at least 80 percent but less t percent of the median income for San Diego County as de'
annually by the U.S. Department of Housing and Development. I(
SECTION 4: That Title 21, Chapter 21.04
Carlsbad Municipal Code is amended by the addition of
21.04.188.
1121.04.188. Household - Verv Low-Income.
Very Low-Income Household" means a household a gross income equal to 50 percent or less of the media
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for San Diego County as determined annually by thl Department of Housing and Urban Development.Ig
SECTION 5: That Title 21, Chapter 21.04
Carlsbad Municipal Code is amended by the addition of
21.04.189 to read as follows:
1121.04.189. Income Level - Taraet.
"Target Income Level1* means the income standa
very low, low and moderate income levels within San Diego as determined annually by the U.S. Department of Hous Urban Development and adjusted for family size.I1
SECTION 6: That Title 21, Chapter 21.53
Carlsbad
21.53.120 to read as follows:
II 2 1.5 3 .12 0. Affordable housin multi residential projects - site development Dlan re&ed. (a) Notwithstanding anything to the contrary code, no building permit or other entitlement shall be is6 any multi-family residential development having more th dwelling units or an affordable housing project of ai unless a site development plan has been approved for the p 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 resi
project (not affordable) shall not be required for any
Municipal Code is amended by the amendment to
17 I I* I
Determination. The Planning Commission shall have the autho
a multi-family residential project or affordable housing I: approve, conditionally approve or deny site development pl
I' with fifty dwelling units or less. The Planning Commi decision may be appealed to the City Council as prov
Chapter 21.06. For projects with more than fifty uni
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public hearing noticed as provided in Section 21.54.06 this code, shall approve, conditionally approve or deny t development plan. (c) Development Standards. The development (both for multi-family resident
affordable housing) shall be subject to the development st
of the zone in which the development is located and, applicable Specific or Master Plan except for affordable
projects as expressly modified by the site development pli site development plan for Affordable Housing Projects ma
less restrictive development standards than specified
conformity with the General Plan and adopted pOliCieS ar underlying zone or elsewhere provided that the projecl
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of the City, and it would have no detrimental effect on
health, safety and welfare. In addition, the Planning Corn or the City Council in approving a site development pl impose special conditions or requirements which arc restrictive than the development standards in the underlyii
or elsewhere that include provisions for, but are not limil
the following:
(1) Density of use:
(2) Compatibility with surrounding properties ai uses :
(3) Parking standards:
(4) Setbacks, yards, active and passive open 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) Grading, slopes and drainage;
(10) Time period within which the project or any of the project shall be completed;
(11) Points of ingress and egress; (12) Such other conditions as deemed necess ensure conformity with the General Plan and other t
policies, goals.or objectives of the City.
(d) In addition the Planning Commission or 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 1 Local Coastal Program shall apply."
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SECTION 7: That Title 21, Chapter 21.04,
21.04.210 of the tarlsbad Municipal Code is amended to
follows:
qt 2 1.0 4 .2 10 Lot. I*Lotl@ means a parcel of record legally crez 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 cc
SECTION 8: That Title 21, Chapter 21.06,
21.06.090 of the Carlsbad Municipal Code is amended to .
f 01 lows :
''2l106* 090 DeVelOPment standards. Property in the Q zone shall be subject
development standards required in the underlying zone i
applicable specific plans, except for Affordable Housing P
as expressly modified by the site development plan. TI
development plan for Affordable Housing Projects may all restrictive development standards than c.3ecif ied :
underlying zone or elsewhere provided that le 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 Corn or the City Council in approving a site development p: impose special conditions or requirements which ar
restrictive than the development standards in the underlyi or elsewhere that include provisions for, but are not limi
the following: .
(1) Special setbacks, yards active or passil
space; required as part of the enti
process :
(2) Special height and bulk of building regulz
(3) Fences and walls:
(4) Regulation of signs:
(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 semi proposed development: 2o
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(9) Time period within which the project or any of the project shall be completed:
(10) Regulation of point of ingress and egress (11) Such other conditions as deemed necess insure conformity with the General Plan an
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adopted policies, goals or objectives of tt
However, it is not intended that the review of t Development Plan shall include aesthetic aspects such as
(1) Color:
(2) Texture:
(3) Materials:
(4) Adornments. I'
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EFFECTIVE DATE: This ordinance shall be eff
thirty days after its adoption, and the City Clerk shall c
to the adoption of this ordinance and cause it to be publiz
least once in the Carlsbad Journal within fifteen days aft
adoption.
INTRODUCED AND FIRST READ at a regular meeting
Carlsbad City Council on the 14th day of JULY
1992, and thereafter
PASSED AND ADOPTED at a regular meeting of tt
Council of the City of Carlsbad on the 21st day of JULY
1992, by the following vote, to wit:
AYES ;
NOES : None
ABSENT: Council Members Larson, Stanton
Council Members Lewis, Kulchin, Nygaard
APPROVED AS TO FORM AND LEGALITY
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CLAUDE ,X. ~WIS, Mayor
ATTEST:
w da @- _- ~
ALETHA L. RAUTENKRANZ, City Cl+rk
5
LCPA 95-01 - AFFORD f@ A3 HOUSING I1 a
LOCAL COASTAL PROGRAM AMENDMENT
October 4,1995
PAGE 2
previously approved affordable housing zone code amendments, thereby ensurin
the City’s Zoning Ordinance, which functions as the implementing ordinance f;
City’s LCP, is consistent with it’s LCP. The specific Housing Element policies/;
programs and zone code amendments which were previously approved by thc
and which are the topic of this Local Coastal Program Amendment (LCPA), ir
the following:
A. GPA 90-08 HOUSING ELEMENT POLICIES 3.6.a. 3.6.b. and
INCLUSIONARY HOUSING - A minimum of 15% of all units appro’
any residential master plan, specific plan or qualified subdivision shall
aside and made affordable to lower income households. In
developments which are required to include 10 or more units afforda
lower income households, at least 10% of the lower income units shoulc
3 or more bedrooms. An in-lieu fee may meet the requirement to con
low income housing for residential developments of less than 7 units.
GPA 90-08 HOUSING ELEMENT POLICY 3.7.a and PROGRAM :
DENSITY BONUS - The City shall offer the private sector eco
incentives to encourage and enable the development of affordable ha
Accordingly, the City shall develop an ordinance that implements Goven
Code Sections 65915 and 65915.5 (State Density Bonus Law).
B.
C. GPA 90-08 HOUSING ELEMENT PROGRAM 3.7.b - SEC
DWELLING UNITS - The City will examine its existing Second DM
development of affordable second dwelling units.
Unit ordinance to explore means of better encouraging and facilitatii
D. GPA 90-08 HOUSING ELEMENT POLICY and PROGRAM 3
SENIOR HOUSING - Amend the City’s Senior Citizen Housing regul
to conform to State Density Bonus Law and establish standards for loc
parking, safety, recreational facilities, medical care and other aspects of
housing.
ZCA 91-06 INCLUSIONARY HOUSING ORDINANCE - Adopted o
21, 1993, this ordinance established requirements for the reservati0
affordability of housing units for lower-income households in resic
developments. The ordinance established the following mandates:
a.
E.
Not less than 15% of all residential units within any residential 1
(of 7 or more dwelling units) shall be set aside for occupancy b
be affordable to, lower-income households; and
For those developments which are required to provide 10 or
units affordable to lower-income households, at least ten percent
lower-income units shall have 3 or more bedrooms; and
b.
LCPA 95-01 - AFFORDt * -LE HOUSING 11 0
LOCAL COASTAL PROGRAM AMENDMENT October 4,1995
PAGE 3
c. All Inclusionary units shall be deed restricted to remain afford,
the designated income group for the useful life of the pro
housing unit.
F. ZCA 91-05 - DENSITY BONUS ORDINANCE - Adopted on May 21
this ordinance implements State Density Bonus Law (State Governmen
minimum 25% residential density bonus and an additional economic in1
(Le. (a) the modification of site development standards; (b) approval oj
use zoning; (c) an additional density bonus above the minimum 25%;
other regulatory concessions which result in identifiable cost reductic
return for a developer reserving a certain percentage of the dwelling 1
a project as affordable (either 10% for very low income households, 2
low-income households or 50% for senior households).
Sections 65915 and 65915.5). The ordinance enables the City to j
G. ZCA 92-02 - AFFORDABLE HOUSING SITE DEVELOPMENT
PROCEDURES - Adopted on July 21, 1992, this zone code amendn:
requires all affordable housing projects to be processed through
Development Plan application; and 2) amends the development sta
provisions to enable the City to allow modified (less restrictive) develc
standards for affordable housing projects.
This LCPA is a follow-up legislative action to the previously approved Housing E
amendment and zone code amendments, which is necessary to ensure consistency b
the City’s amended General Plan (Housing Element), Zoning Ordinance and it’
Upon approval of this LCPA, it will be submitted to the California Coastal Commis
approval,
A six week public comment period was provided for this proposed LCPA, beginning (
8, 1995 and ending on July 21, 1995. A notice was published in the Carlsbad Sun i
Blade Citizen. A copy of the notice was also mailed to the interested parties list mai
by the City. No comments were received.
Iv. ANALYSIS
Any proposal to develop affordable housing within the Coastal Zone, pursuant amended affordable housing policies, zone code regulations and procedures, s
required to be consistent with all applicable LCP development standards, polic
provisions. Therefore, no effects on other Lclp sections are anticipated.
This proposed LCPA, which will add new affordable housing policies to the City’s s
segments as well as new zoning requirements, regulations and procedures for dev
affordable housing within the City, is not anticipated to result in significant imI
coastal resources. As discussed above, any affordable housing proposed within the
Zone, pursuant to these new policies and amended affordable housing code replati(
LCPA 95-01 - AFF’ORD @ JLE HOUSING I1 0
LOCAL COASTAL PROGRAM AMENDMENT
October 4,1995
PAGE 4
procedures, shall be required to be consistent with all applicable LCP develc
standards, policies and provisions, including those dealing with the protection of resources.
Iv. ENVIRONMENTAL REVIEW
Negative Declarations for the Housing Element General Plan Amendment and th
affordable housing Zone Code Amendments, which are the topic of this LCPP
approved as follows:
GPA 90-08 - General Plan Amendment (Housing Element) - October 22, 1
ZCA 91-06 - Inclusionary Housing Ordinance - June 25, 1992;
ZCA 91-05 - Density Bonus Ordinance - June 25, 1992; and
ZCA 92-02 - Affordable Housing Site Development Plan Procedures - April 3r
This project (LCPA 95-01) is a follow-up legislative action to the Housing Element C
Plan Amendment and three Zone Code Amendments, which will result in con!
not revise the environmental findings of the previously approved Negative Declaratic
Planning Director has determined that this project will not have a significant effect
environment and, therefore has issued a Notice of Prior Compliance on August 23
ATTACHMENTS
1.
2.
3.
4.
between the City’s General Plan, Zoning Ordinance and it’s LCP, Since LCPA 95
Planning Commission Resolution No. 3773
Carlsbad’s Local Coastal Program Segments Boundary Map
Public Notice of Prior Environmental Compliance, dated August 23, 1995
Environmental Impact Assessment Part 11, dated August 15, 1995
e 0 C
LOCAL COASTAL PROGR
S
BOUND)
LCP SEGMENT
~MELLO 11 n AGUA HEDIONDA
EAST BATIQUITOS LAGOON/HUNT m WEST BATIQUIT03 LAGOON/SAMMIS 01 REDEVELOPMENT AREA @
AFFORDABLE HOUSING II
LCPA 95-01
PuBm NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please Take Notice:
The Planning Department has determined that the environmental effects of the project de
below have already been considered in conjunction with previously certified environ
documents and, therefore, no additional environmental review will be required and a nc
determination will be filed.
Project Title: LCPA 95-01 - AFFORDABLE HOUSING II
Project Location: City of Carlsbad - Properties located within the Coastal Zone
Project Description: An amendment to the City of Carlsbad’s Local Coastal Program (L
(1) add affordable housing policies delaing with Inclusionary H
Density Bonuses, Second Dwelling Units and Senior Housing to th(
six Local Coastal Program Segments; and (2) adopt the pre
approved affordable housing zone code amendments (i.e., Inclu
Housing Ordinance (ZCA 91-06), Density Bonus Ordinance (ZCA
and Affordable Housing Site Development Plan Procedures (ZCA
as the implementing zoning for Carlsbad’s LCP.
Justification for this determination is on file in the Planning Departrnent, Corn
Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the
are invited. Please submit comments in writing to the Planning Department within ten (1
of date of publication.
DATED: AUGUST 23, 1995
CASE NO: LCPA 95-01 Planning Director
u MICHAEL J. HOLZMLMR
APPLICANT CITY OF CARLSBAD - AFFORDABLE HOUSING II
PUBLISH DATE: AUGUST 23, 1995
CDkI
2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438
e a
ENVIRONMENTAL IMPACT ASSESSMENT FQRM - PART II
(TO BE COMPLETED BY THE PLANNING DEI
CASENO. -
DATE: Au
BACKGROUND
1.
2. APPLICANT Citv of Carlsbad
3.
CASE NAME: Affordable Housing II Local Coastal Prorrram Amendment
ADDRESS AND PHONE NUMBER OF APPLICANT 2075 Las Palmas Drive. Carlsl
92009-1576; (619) 438-1 161 extension 4445
DATE EIA FORM PART I SUBMITTED: 4.
5. PROJECT DESCRIPTION: An amendment to the Cit./s Local Coastal Program (L C
affordable housinp Dolicies dealinp with Inclusionarv Housing. Density Bonuses. Second
and Senior Housing to the CiMs six Local Coastal Promam Sements. and (2) adow mevi
affordable housing: zone code amendments (Le.: Inclusionam Housing: Ordinance (ZCA I
Bonus Ordinance (ZCA 91-05] and Affordable Housing Site DeveloDment Plan Procedure!
as the imdementinp mnine for Carlsbad's LCP.
SUMMARY OF ENVIRONMENTAL FACXORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would he potentially affected by this project, in
one impact that is a "Potentially Sigdicant Impact", or "Potentially Si&icant Impact Ud
Incorporated" as indicated by the checklist on the following pages.
- Land Use and Planning - Transportation/Ciculation - Public Service!
- Population and Housing - Utilities and SC - Biological Resources
Geological Problems - Energy and Mineral Resources - Aesthetics -
- Water - Hazards - Cultural Resou
- Air Quality - Noise - Recreation
- Mandatory Findings of Significance
I- 1 Rev
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DETERMINATION.
(To be completed by the Lead Agency).
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a signifhnt effect in this case because the mitigation measures described on an
attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I frnd that the proposed project MAY have significant effect(s) on the environment, but at least one
1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and :
been addressed by mitigation measures based on the earlier analysis as described on attached sheets
effect is a "potentially significant impact" or "potentially sisnificant dm mitigated." An
ENVIRONMENTAL IMPACT REPORT/MITIGATE NEGATIVE DECLARATION is required, bt
analyze only the effects that remain to be addressed.
I frnd that the proposed project COULD NOT. have a significant effect on the environment because
potentially significant effects have been analyzed adequately in earlier NEGATIVE DECLARATIO
pursuant to applicable standards. Therefore, a Notice of Prior Compliance has been prepared.
B - k9-K-
a/ls/.lr
Planner Signature Date w .-
Planning Director -& Date
1-2 Rev.
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ENVIRONMENTAL IMPACL'S
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an
Impact Assessment to determine! if a project may have a sigmficant effect on the environment. The
Impact Assessment appears in the following pages in the form of a checklist. This checklist identifie
biological and human factors that might be impacted by the proposed project and provides the City w
to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negati.
or to rely on a previously approved EIR or Negative Declaration.
A brief explanation is required for all answers except "No Impact" answers that are adequate1
an information sou~ce cited in the parentheses following each question. A "No Impact" answc
supported if the referenced information sources show that the impact simply does not apply 1
the one involved. A "No Impact'' answer should be explained when there is no source docun
or it is based on project-specific factors as well as general standards.
"Less Than Signifcant Impact'' applies where there is supporting evidence that the potentia
adversely significant, and the impact does not exceed adopted general standards and policie!
"Potentially Significant Unless Mitigation Incorporated" applies where the incorporation
measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Si@
The developer must agree to the mitigation, and the City must describe the mitigation measu
explain how they reduce the effect to a less than significant level.
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect
Based on an "EIA-Part II", if a proposed project could have a potentially significant
environment, but &l potentially sigmficant effects (a) have been analyzed adequately in an
Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoide
pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or xnitigi
that are imposed upon the proposed project, then no additional environmental document is 1
Compliance).
A Negative Declaration may be prepared if the City perceives no substantial evidence that the
If there are one or more potentially significant effects, the City may avoid preparing an E
of its aspects may cause a significant effect on the environment.
mitigation measures to clearly reduce impacts to less than significant, and those mitigatior
agreed to by the developer prior to public review. In this case, the appropriate "Potentid
Impact Unless Mitigation Inmrporated"-may be checked and a Mitigated Negative Dah
prepared-
When "Potentially Significant Impact" is checked the project is not necessarily required to p
If the dgnificant effect has been analyzed adequately in an earlier EIR pursuant to applicable
the effect will he mitigated, or a "Statement of Overriding considerations" has been made p
earlier EIR.
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1-3 Rev. :
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An EIR must be prepared if "Potentially Si@icant Impact" is checked, and including but not
following circumstances: (1) the potentiidly significant effect has not been discussed or mitigate
EIR pursuant to applicable standards, and the developer does not agree to mitigation measurc
the impact to less than significant; (2) a "Statement of Overriding Considerations" for the sign
has not been made pursuant to an earlier Em (3) proposed mitigation measUtes do not redu
to less than si@icant, or, (4) through the EIA-Part IT analysis it is not possible to determir
signrficance for a potentially adverse effect, or determine the effectiveness of a mitigatia
--
reducing a potentially significant effect to below a level of signif, %all@.
A discussion of potential impacts and the proposed mitigation measures appears at the end of tk
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given
mitigation for impacts which would otherwise be determined significant.
0
1-4 Rev.
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-Y Sii
potentially Untess LessThan
Sii Mitigat& Significant
Issues (and slqpming IUfamatiaI sclum!s): Impact lacorKrated Wt
I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation
b) Conflict with applicable environmental plans
or policies adopted by agencies with jurisdiction
or zoning? (Source #(s): 1, 2, 3, 4) - - -
over the project? (1, 2, 3, 4) - - -
vicinity? (1, 2, 3,4) - - - c) Be incompatible with existing land use in the
d) Affect agricultural resources or operations
(e.g. impacts to soils or farmlands, or impacts
from incompatible land uses)? (1, 2, 3, 4) - - -
e) Disrupt or divide the physical arrangement
of an established community (including a low-
income or minority community)? (1, 2, 3,4) - - -
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections? (1, 2, 3,4) - - -
b) Induce substantial growth in an area either
directly or indirectly (e-g. through projects
in an undeveloped area or extension of major
infrastructure)? (1, 2, 3,4) - - -
housing? (1,2, 3,4) - - - c) Displace existing housing, especially affordable
1-5 Rev.
e a
potentidy
SlgIllfii
pozelltiall~ Unless LessThan
SigIlifii Mitigation Significan
Impctct lncarporated Impact ku- (and sumatiq Infamarial sarrces):
III. GEOLOGIC PROBLEMS. Would the
proposal result in or expose people to potential
impacts involving:
a) Fault rupture? (1,2,3,4) - - -
b) Seismic ground shaking? (1, 2, 3,4) - - -
c) Seismic ground failure, including
liquefaction? (1,2, 3,4) - - -
d) Seiche, tsunami, or volcanic hazard? (1, 2, 3, 4) - - -
e) Landslides or mudflows? (1,2, 3,4) - - -
f) Erosion, changes in topography or
unstable soil conditions from excavation,
grading, or fill? (1, 2, 3, 4) - - -
g) Subsidence of the land? (1, 2, 3, 4) - - -
h) Expansive soils? (1, 2, 3,4) - - -
i) Unique geologic or physical features? (1, 2, 3,4) - - -
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns,
or the rate and amount of sufface runoff? (1, 2, 3,4) - - -
b) Exposure of people or property to water related
hazards such as flooding? (1, 2, 3,4) - - -
1-6 Rev.
potentidly
SignifK.ant
Potentially Unless LessTha significant Mitigation Significx
lmpect lncarporad Impact
0 II
Issues (and suppating Infcrmatiaa sauces):
c) Discharge into surface waters or other
alteration of surface water quality (e.g.
temperature, dissolved oxygen or
turbidity)? (1, 2, 3, 4) - - -
d) Changes in the amount of surface water
in any water body? (1,2, 3,4) - - -
e) Changes in currents, or the course or direction
of water movements? (1, 2, 3, 4) - - -
f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? (1, 2, 3,4) - - -
groundwater? (1, 2, 3,4) - - -
h) Impacts to groundwater quality? (1, 2, 3, 4) - - -
g) Altered direction or rate of flow of
i) Substantial reduction in the amount of
groundwater otherwise available for
public water supplies? (1, 2, 3, 4) - - -
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to
an existing or projected air quality violation? (1,2,
394) - - -
b) Expose sensitive receptors to pollutants? (1, 2,3,4) - - -
or cause any change in climate? (1,2, 3,4) - - -
d) Create objectionable odors? (1, 2, 3,4) - - -
c) Alter air movement, moisture, or temperature,
1-7 ReV
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mtentiauy
significant
Potentially Unless LeSSThar significant Mitigation Significan
Issues (and supparting Infamatial sources): Imwt incorporated Impact
VI. TRANSPORTATION/ClRCVTION.
Would the proposal result in:
a) Increased vehicle trips or traffic congestion? (1, 2, 3,
4) - - -
b) Hazards to safety from design features
(e.g. sharp curves or dangerous intersections)
or incompatible uses (e.g. farm equipment)? (1, 2, 3,
4) - - -
nearby uses? (1, 2, 3,4) - - -
off-site? (1, 2, 3,4) - - -
Hazards or bartiers for pedestrians or
bicyclists? (1, 2, 3,4) - - -
c) Inadequate emergency access or access to
d) Insuffcient parking capacity on-site or
e)
f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts,
bicycle racks)? (1, 2, 3, 4) - - -
g) Rail, waterborne or air traffic
impacts? (1, 2, 3, 4) - - -
W. BIOLOGICAL RESOURCES.
Would the proposal result in impacts to:
a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish,
insects, animals, and birds? (1, 2, 3, 4) - - -
b) Locally designated species (e.g. heritage
trees)? (1, 2, 3, 4) - - -
1-8 Rev.
a a
potentiauy
Si1m
porentially Unless LessThaI
SilCant Mitigation Significan
Issues (and supping Infonaatiaa sonrces): hpact Incupxated @t
c) Locally designated natural Conununties
(e.g. oak forest, coastal habitat, etc.)? (1, 2, 3, 4) - - -
d) Wetland habitat (e.g. marsh, riparian and
vernal pool)? (1, 2, 3,4) - - -
corridors? (1,2, 3,4) - - - e) Wildlife dispersal or migration
VIII. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy conservation
plans? (1, 2, 3,4) - - -
b) Use non-renewable resources in a wasteful and
inefficient manner? (1, 2, 3, 4) - - -
c) Result in the loss of availability of a known mineral resource that would be of future value
to the region and the residents of the State? (1, 2, 3,
4) - - -
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous substances (including, but not limited to:
oil, pesticides, chemicals or radiation? (1,2, 3,4) - - -
b) Possible interference with an emejgency response plan or emergency evacuation plan? (1,2,
394) - - -
c) The creation of any health hazard or
potential health hazard? (1, 2, 3, 4) - - -
of potential health hazards? (1,2, 3,4) - - - d) Exposure of people to existing soul%es
1-9 Rev.
0
POteIUidly
SiIlifhlt PCQntially Unless LessThal
Issues (and supporting Infmnatial ScluFCes): Impact Incarporad Impbct
brush, grass, or trees? (1,2, 3,4) - - -
@
Significant Mtigation Significan
e) Increase fie hazard in meas with flammable
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (1, 2, 3,4) - - -
b) Exposure of people to severe noise - - levels? (1,2, 3,4) -
XI. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
- - a) Fire protection? (1, 2, 3, 4) -
b) Police protection? (1, 2, 3,4) - - -
c) Schools? (1, 2, 3, 4) -
d) Maintenance of public facilities, including
roads? (1, 2, 3,4) - - -
- -
- - e) other governmental services? (1,2, 3,4) -
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or
supplies, or substantial alterations to the following
utilities:
a) Power or natural gas? (1,2,3,4) - - -
b) Communications systems? (1, 2, 3,4) - - -
I- 10 Rev
e
potentidly
Si-
Potentially Unless LessThr
Isslxs (d sqpatii Infamaticm sources): Impact lncorpcaad m=t
c) Local or regional water treatment or
distribution facilities? (1, 2, 3, 4) - - -
d) Sewer or septic tanks? (l,2, 3,4) - _. -
e) Storm water drainage? (1, 2, 3,4) - - -
f) Solid waste disposal? (1, 2, 3,4) - - -
g) Local or regional water supplies? (1, 2, 3, 4) - - -
a
Significant Mitigation Significa
Xm. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic
highway? (1,2, 3,4) - - -
b) Have a demonstrable negative aesthetic
effect? (1, 2, 3,4) - - -
c) Create light or glare? (1,2,3,4) - - -
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? (1, 2, 3,4) - - -
b) Disturb archaeological resources? (1, 2, 3,4) - - -
c) Affect historical resources? (1,2,3,4) - - -
d) Have the potential to cause a physical change which would affect unique ethnic cultural
values? (1, 2, 3,4) - - -
within the potential impact area? (1,2, 3,4) - - - e) R&ct existing religious or sacred uses
I- 11 Rev.
a 0
potentidly
SiIlifii
PCtentiallY UdesS LfssTba significant Mitigath Significcu - sounxs): Impctct InccrPoraM Q=t Issues (and suCportms Infarmahap
XV. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or
regional parks or other recreational facilities? (1, 2,
3, 4) - - -
b) Affect existing recreational opportunities? (1, 2, 3, 4) - - -
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to 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
plant or animal community, reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of the
self-sustaining levels, threaten to eliminate a
major periods of California history or prehistory? - - -
b) Does the project have impacts that are individually limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects,
and the effects of probable future projects) - - -
will cause substantial adverse effects on human
beings, either directly or indirectly? - - -
c) Does the project have environmental effects which
I- 12 Rev.
a e
XVII. EARLIERANALYSES.
Earlier analyses may be used where, pursuan t to the tiering, program EIR, or other C
process, one or more effects have been adequately analyzed in an earlier EIR or nega
declaration. Section 15063(c)(3)(D). In this case a discussion should identify the fol
on attached sheets:
a) Eatlier analyses used. Identrfy earlier analyses and state where they are available for
review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applj
legal standards, and state whether such effects were addressed by mitigation measure
on the earlier analysis.
c) Mitigation measures. For effects that are “Less than Sigdkant with Mitigation
Incorporated,” describe the mitigation measures which were inmrporated or refined f
the earlier document and the extent to which they address site-specific conditions for
project.
I- 13 Rev.
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DISCUSS ION OF ENVIR0"TAL EVALUATION
EARLIER ENVIRONMENTAL ANALYSIS
Negative Declarations for the Housing Element General Plan Amendment and the three Zone Cod(
which are the topic of this Local Coastal Program Amendment, were approved as follows:
1.
2.
3.
Housing Element General Plan Amendment - GPA 90-08 - October 22, 1991
Inclusionary Housing Ordinance - ZCA 91-06 - June 25, 1992
Density Bonus Ordinance - ZCA 91-05 - June 25, 1992
4, Affordable Housing Site Development Plan procedures - ZCA 9242 - April 30,1992
This project (LCPA 95-01) is a follow-up legislative action to the Housing Element General Plan I
three Zone Code Amendments and will result in consistency between the City's General Plan, ZO
and it's Local Coastal Program. Since LCPA 95-01 will not revise the environmental findings oj
approved Negative Declarations, a Notice of Prior Compliance will be issued. The above refer
Declarations and Environmental Impact Assessments are available at the City of Carlsbad Planni
I. LAND USE AND PLANNING
This is a Local Coastal Program Amendment. No actual physical development is proposed as parl
This LCPA will ensure consistency between the City's LCP, zoning ordinance and General Plan
amendment is not in conflict with other Citywide environmental plans. This LCPA will not &
resources or operations or disrupt or divide the physical arrangement of an established cornmunit
establishes policies for Inclusionary Housing, Density Bonuses, Second Dwelling Units and Seni
standards modifications for affordable housing proposals within the City. Any future developn
processed pursuant to these amended regulations and procedures shall be required to under;
environmental review. Any potential land use and planning impacts identified shall be required t
mitigated.
II. POPULATION AND HOUSING
Since this LCPA is strictly an admh&mQ 've action, where no physical development is proposed, of]
projections will not be exceeded, existing housing will not be displaced, nor will growth inducemen
All subsequent development projects processed pursuant to these amended policies, regulations and
be subject to project specific environmental review which shall require adequate mitigation (
population and housing impacts.
III. GEOLOGIC PROBLEMS
As no site-specific development project is proposed as part of this Local Coastal Program her
no geologic impacts will occur. All subsequent development projects processed pursuant to these SLI
regulations and procedures shall be subject to project specific environmental review which shall i
mitigation of all identified geologic impacts.
requirements, regulations and procedures for implementing inclusionary housing, density bonuses a
s
I- 10 Rev
e e
IV. WATER
As no site-specific development project is proposed as part of this LCPA, no impacts to hydrology t
will occur. All subsequent development projects processed pursuant to these amended policies,
procedures shall be subject to project specific environmental review which shall require adequate I
identified hydrologic and wter quality impacts.
V. AIRQUALlTY
As no site-specific development project is proposed as part of this LCPA, no air quality impacts
subsequent development projects processed pursuant to these amended policies, regulations and 1
be subject to project specific environmental review which shall require adequate mitigation of s
quality impacts.
VI. TRANSPORTATION/CIRCULATION
As no site-specific development project is proposed as part of this LCPA, no transportation/circulat
occur. All subsequent development projects processed pursuant to these amended policies,
procedures shall be subject to project specific environmental review which shall require adequate 1
identified transportationlcirculation impacts.
VII. BIOLOGICAL RESOURCES
As no site-specific development project is proposed as part of this LCPA, no impacts to biologici
occur. All subsequent development projects processed pursuant to these amended policies,
procedures shall be subject to project specific environmental review which shall require adequate
identified biological impacts.
VIII.ENERGY AND MINERAL RESOURCES
As no site-specific development project is proposed as part of this LCPA, no hpacts to enei
resources will occur. All subsequent development projezts processed pursuant to these an
regulations and procedures shall be subject to project specific environmental review which shall 1
mitigation of all identified energy and mineral resource impacts.
Ix. HAZARDS
As no site-specific development project is proposed as part of this LCPA, no hazards will occur,
development projects pmcesed pursuant to these amended policies, regulations and procedures
to project specific environmental review which shall require adequate mitigation for all potential
X. NOISE
As no site-specific development project is processed as part of this LCPA, no noise ixnpacts
subsequent development projects processed pursuant to these amended policies, regulations and
be subject to project specific environmental review which shall require adequate mitigation for all impacts.
1- 15 Rev
_- 0 0
XI. PUBLIC SERVICES
As no site-specific development project is processed as part of this LCPA, no public service imp
All sumuent development projm processed purmant to these amended policies, regulati~w and 1
be subject to project specific environmental review which shall require adequate mitigation for all i
service impacts.
XII. UTILITIES AND SERVICES SYSTEMS
As no site-specific development project is processed as part of this LCPA, no utility and service
will occur. All subsequent development projects processed pursuant to these amended policies,
procedutes shall be subject to project specific environmental review which shall require adequatt
all identified utility and service system impacts.
Mn. AESTHETICS
As no site-specific development project is processed as part of this LCPA, no aesthetic impacts
subsequent development projects processed pursuant to these amended policies, regulations and I
be subject to project specifk environmental review which shall require adequate mitigation fc
aesthetic impacts.
m. CULTURAL RESOURCES
As no site-specific development project is processed as part of this LCPA, no impacts to cultura OCCUT. All subsequent development projects processed pursuant to these amended policies,
procedures shall be subject to project specific environmental review which shall require adequat
all identified cultural resource impacts.
XV. RECREATION
As no site-specific development project is processed as part of this LCPA, no recreation impacts
subsequent development projects processed pursuant to these amended policies, regulations and 1
be subject to project specific environmental review which shall require adequate mitigation fc
recreation impacts.
XVI. MANDATORY FINDINGS OF SIGNIFICANCE
As no site-specific development project is processed as part of this LCPA, the project will not deg
of the environment, substantially reduce the habitat of a fish or wild life species, cause a fish or wil
to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce
restrict the range of a rare or endangered plant or animal or eliminate important examples of the I
California history or prehistory. All subsequent development projects processed pursuant to these a
regulations and procedures shall’be subject to project specific environmental review which shall I
mitigation for all identified impacts to the above-noted environmental resources.
No site-specific development project is processed as part of this LCPA. Accordingly, no inci
impacts nor cumulatively considerable impacts will OCCUT. All subsequent development projects prc
to these amended policies, regulations and procedures shall be subject to project specific envirc
I- 16 Rev
_- 0 0
which shall require adequate mitigation for all identified cumulatively considerable impacts. .
No site-specific development proje is pmcessd as part of this LCPA. Accordingly, this LCPA
substantial adverse effects on human beings, either directly or indirectly. All subsequent develc
processed pursuant to these amended policies, regulations and procedures shall be subject to
environmental review which shall require adequate mitigation for all identified substantial adverse e
beings.
I- 17 Rev.
e
APPLICABLE) LIST MITIGATING MEASURES (IF
_- e
ATTACH MlTIGATION MOMTORING PROGRAM (IF APPLICABLE1
I - 18 Rev.
-- m 0
APPLICANT CONCURRENCE WITH MlTIGATION MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MIITGATING ME!
AND CONCUR WlTW THE ADDITION OF THESE MEASURES TO THE PROJECT.
bate signature
6
mla
I- 19 Rev. 1
e e E
6. LCPA 95-01 - AFFORDABLE HOUSING I1 LOCAL COASTAL PROGRAM AMENDMEN
amendment to the Local Coastal Program (LCP) to: (1 ) addaffordable housing policies (
lnclusionary Housing, Density Bonuses, Second Dwelling Units, and Senior Housing to tt
Local Coastal Program segments, and (2) adopt previously approved companion affordal
zone code amendments, i.e. lnclusionary Housing Ordinance (ZCA 91 -06), Density Boni
as the implementing zoning for Carlsbad’s LCP.
Ordinance (ZCA 91 -05), and Affordable Housing Site Development Plan Procedures (ZC
Chairperson Welshons advised the applicant and public that if the Planning Commission appro’
item tonight, they will be recommending approval to the City Council.
Chris DeCerbo, Senior Planner, reviewed the background of the request and stated that in OctG
the City of Carlsbad amended its Housing Element to add new policies and action programs to (
and enable the development of affordable housing within the City. Since that time, the City has
several amendments to its zoning ordinance to implement these previously approved housing p action programs. This LCP Amendment will add these previously adopted affordable housing p
the City’s six LCP segments. These policies deal with inclusionary housing, density bonus, sea
dwelling units, and senior housing.
Mr. DeCerbo stated that this LCP Amendment will also adopt three affordable housing zone cod
amendments as the implementing zoning for the City’s local coastal program. Those zone code
amendments include the lnclusionary Housing Ordinance, the Density Bonus Ordinance, and th
Affordable Housing Site Development Plan Procedures. These zone code amendments will becc
implementing zoning for the City’s local coastal program. He stated that this LCP Amendment is
follow-up legislative action to the previously approved Housing Element amendment and the thr
code amendments and is necessary to ensure consistency between the City’s formerly amended
Element, Zoning Ordinance, and the City’s local coastal program. Any proposal to develop affor
housing within the coastal zone pursuant to these policies and amended code provisions would i
to be consistent with all applicable local coastal program policies and development standards an
procedures. Additionally, no impacts to coastal resources would occur. That would be assured
additional environmental review on a case-by-case basis.
Mr. DeCerbo stated that upon approval of this LCP Amendment, it will be submitted to the Coast
Commission for approval. Staff recommends approval.
Commissioner Noble inquired if this amendment is merely administrative. Mr. DeCerbo replied y
Commissioner Erwin inquired if there is anything new which the City Council has not already apl
Mr. DeCerbo replied that everything has already been approved by the Planning Commission ant Council.
Chairperson Welshons opened the public testimony and issued the invitation to speak.
- MINI
e
October 4, 1995 PAG
-- e
PLANNING & DESIGN REVIEW (Joint)
There being no persons desiring to address the Planning Commission on this topic, Chairperson
declared the public testimony closed and opened the item for discussion among Commissioners.
Motion by Commissioner Compas, and duly seconded, to adopt Planning Cor
Resolution No. 3773, recommending approval of LCPA 95-01, based on the 1
and subject to the conditions contained therein.
Compas, Erwin, Nielsen, Noble, Savary, Welshons
ACTION:
VOTE: 6-0
AYES:
NOES: None
ABSTAIN: None
ADDED ITEMS AND REPORTS:
Gary Wayne, Assistant Planning Director, requested clarification on the Minute Motion at the last
regarding a joint workshop with the City Council and stated that the ultimate decision to hold the I rests with the City Council. Commissioner Erwin replied that staff's responsibility is to convey to t
Council members that the Planning Commission is requesting a joint workshop. Mr. Wayne woul
state the purpose of the workshop when he makes the request known. After discussion, it was de
poll Planning Commissioners this week to determine what topics they would like to have covered i
workshop. When Mr. Wayne receives that information, he will go forward with the request.
Commissioner Erwin directed attention to a newspaper artide he passed out regarding EMF. He !
that the article indicates how important it is that everyone keep an open mind on EMF issues.
Mr. Wayne reported that Bobbie Hoder, Senior Management Analyst, will be going in for surgery (
October 18, 1995.
ADJOURNMENT:
Commissioner Savary inquired if it is necessary to adjourn the meeting to the Hubbs Sea World re since a quorum will probably be present. Rich Rudolf, Assistant City Attorney, stated that it is not
necessary as long as the reception is a social affair and no business will take place.
By proper motion, the Planning Commission adjourned at 8:32 p.m.
Respec Hy submitted, Y
my rp' FYNEk$+? 4 4
Assist t Planning Di tor
BETTY BUCKNER
Minutes Clerk
MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPRC
MINU
*- 0
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Oiego
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- entitled matter. I am the principal clerk of the printer of
North County Times
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171 349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
formerly known as the Blade-Citizen and The
12/8
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
day Dated at California, this
Gf Decenber 1995
8 th
ad e - - --- ------------ Signature
NORTH COUNTY TIMES Legal Advertising
W
This space is for the Country Clerk's Fil
Proof of Publication of
* NOTICE OF PUBLIC HEARING .....................
------_--_---_--_-___
I
i Coastal Program segments, and (2) adopt previo companion affordoMe hausing zone code amendments (i.c Hwrin Ordinance (ZCA 91-6), OeoSay Bonus Ordinanri and Addable Hausing Site Development Plan Procedures the implemenling zoning for [arkbods Kt!
If you have my questtons regarding this matter, dew Delerbo in the Planning Deprtment, at 438-1 161, exl. 4
If you chollenge the Locol Coostol Program Amendmen!
ma be limited to raking only thore issues ruked by you 01 pfie public hearing derrribed in this notice or in witten c delivered to the ti of (arkbod [ii Clerks Office at, a
URLSBAD (IIY (OUNCIL legal 4506 December 8,1995
I
-- 0 e
NOTICE OF PUBLIC HEARING
AFFORDABLE HOUSING I1 LOCAL COASTAL PROGRAM AMENDMENT
LCPA 95-1
NOTICE IS HEREBY GIVEN that the City Council Of the cit Carlsbad will hold a public hearing at the city Council Cham
1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p-m Tuesday, December 19, 1995, to consider an amendment to the Coastal Program (LCP) to: (1) add affordable housing pol dealing with Inclusionary Housing, Density Bonuses, Second Dwe Units and Senior Housing to the City's six Local Coastal Pr segments, and (2) adopt previously approved companion af for
housing zone code amendments (i-e. Inclusionary Housing Ordi (ZCA 91-6), Density Bonus Ordinance (ZCA 91-5), and Affor
Housing Site Development Plan Procedures (ZCA 92-2) as
implementing zoning for Carlsbad's LCP.
If you have any questions regarding this matter, please COI Chris DeCerbo in the Planning Department, at 438-1161, ext. 4
If you challenge the Local Coastal Program Amendment in court
someone else at the public hearing described in this notice ( written correspondence delivered to the City of Carlsbad Clerk's Office at, or prior to, the public hearing.
PUBLISH : December 8, 1995 APPLICANT : City of Carlsbad
may be limited to raising only those issues raised by YC
CARLSBAD CITY COUNCIL
.- 0 NOTICE OF PUBLIC dG
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carl!
hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, (
California, at 6:00 p.m. on Wednesday, October 4,1995, to consider an amendme
Local Coastal Program (LCP) to: (1) add affordable housing policies deal
Inclusionary Housing, Density Bonuses, Second Dwelling Units and Senior Housi~
City’s six Local Coastal Program segments, and (2) adopt previously approved co
affordable housing zone code amendments @.e. Inclusionary Housing Ordinance (:
06), Density Bonus Ordinance (ZCA 91-05) and Affordable Housing Site Developm
Procedures (ZCA 92-02) as the implementing zoning for Carlsbad’s LCP.
Those persons wishing to speak on this proposal are cordially invited to attend th
hearing. Copies of the staff report will be available on and after September 28,199:
have any questions, please call Chris DeCerbo in the Planning Department at (6
1161, ext. 4445.
rT
If you challenge the Local Coastal Program Amendment in court, you may be lii
raising only those issues you or someone else raised at the public hearing describe
notice or in written correspondence delivered to the City of Carlsbad at or prio
public hearing.
CASE FILE: LCPA 95-01
CASE NAME: AFFORDABLE HOUSmG I1
PUBLISH: SEPTEMBER 20, 1995
CITY OF CARLSBAD
PLANNING COMMISSION
CD:kr
*- 0
(For A)'
z - r
TO: CITY CLERK'S OFFICE L
PLANNING DEPARTMENT FROM:
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice -
LCPA 95-01 - Affordable Housing I1 Local Coastal Program Amendment
for a public hearing before the City Council.
Please notice the item for the council meeting of .
Thank you.
November 16. - Assistant City Man-- Date
-
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PRESIDENT BlU CAL COASTAL COMMISSION
CHUCK DAMM, SUITE 200 1282 CREST DR BAT LAGOON FO
51 11 CAMINO DEL RIO NORTH 675 NORMANDY
SAN DIEGO CA 92108-5722 ENClNlTAS CA I
W
WlW 8 RUTH DEALY
ENClNlTAS CA 92024
m- e
DEPT HOUSING & CO DVPT KAREN DOCKINS CARLENE TlMM
ATJN; PERU! ESJON 410 1A COSTA AVE SAN DlEGO GAS
7940 WILLOW GLEN RD ENCINITAS CA 92024 PO Box 1831
LOSANGELES CA 90046 SAN DIEGO CA
BILL HORN - SUPERVISOR LESLIE b FILOME
COUNTY ADMIN CENTER DICK EMPEY, SUITE 8-5 2934 EAST FIRS1
1600 PACIFIC HWY 5201 RUFFIN RD LONGBEACH CI
SAN DIEGO CA 92101 SAN DiEGO CA 92123
SD CO DPT PW & LAND USE
SYLViA ESTES ROBERT FARRIS FLOWER PATCH
510 LA COSTA AVE 1929 ALTA VISTA DR 6491 ELCAMINO
ENClNlTAS CA 92024 VISTA CA 92083 CARLSBAD CA I
FLOWER PEDDLER A GEISBRET CYRIL & MARY GI
6523 EL CAMINO REAL 3101 SAN GABRIEL 12142 ARGYLE Dl
CARLSBAD CA 92008 GLENDALE CA 92108 LOSAIAMITOS (
MARY GRIGGS HUGO HANSON MANUAL HIDALG(
CA STATE LANDS COMM 651 1 EL CAMINO
1807 13TH ST SANRAFAEL CA 94903 CARLSBAD CA 5
SACRAMENTO CA 95814
210 ROUNDTREE VW
BEN HILLEBRECHT BRUCE HOCHMAN HOEHN
2170 SKYLINE DR 2054 SHERIDAN RD C/O CHEVRON U:
ESCONDIDO CA 92027 ENClNlTAS CA 92024 PO BOX 7611
SAN FRANCISCO
RONALD 8 JUDITH HOLDEN LEUCADIA CO WR DlST HUNT PROPERTIE
2022 SHERIDAN RD 1960 LA COSTA AVE 2400 THANKSGIV
ENCINITAS CA 92024 CARLSBAD CA 92QO9-6810 1601 ELM ST
DALLAS lX 7526
LA COSTA HOTEL & SPA ANASTASIA LAITAS LAKESHORE GAR
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