HomeMy WebLinkAbout2005-04-26; City Council; 18093; Residential Density ClarificationAB# 18,093 TITLE:
MTG. 4/26/05 GPA 04-211ZCA 04-11ILCPA 04-19
DEPT. PLN
RESIDENTIAL DENSITY CLARIFICATION
RECOMMENDED ACTION:
DEPT. HD.
CITY ATTY.
CITY MGR
That the City Council INTRODUCE Ordinance No. , APPROVING an amendment to
the residential density provisions, and the R-A Zone list of permitted uses in the Zoning Ordinance
an amendment to the residential density policies in the General Plan (General Plan Amendment -
GPA 04-21), and a Local Coastal Program Amendment (LCPA 04-19) for consistency with ZCA 04-
11, based upon the findings contained therein.
NS-753
(Zone Code Amendment - ZCA 04-1 1); and ADOPT Resolution No. 2005-128 , APPROVING
Planning City
CI Commission Council
ZCA04-11 RA X
LCPA 04-1 9 RA X
0 -% GPA 04-21 RA X
ITEM EXPLANATION:
Coastal
Commission
**
0
The project consists of the following:
GPA 04-21
1. Clarify that only a single, one-family dwelling is permitted when residential density is allowed
below the minimum of the density range on a legal nonconforming lot, or the consolidation of two
legal nonconforming lots.
2. Modify “Table 2: Allowed Dwelling Units Per Acre” in the General Plan to clarify the “minimum”,
“growth management control point” and “maximum” density of each residential land use
designation.
ZCA 04-1 1 / LCPA 04-1 9:
1. Add a section to the Zoning Ordinance to clarify how to determine the potential unit yield for a
property based on the density requirements of the General Plan. The new section would
establish a provision to round-up or down when the required density for a site results in a
fractional unit yield.
2. Relocate Section 21 53.1 20(e) to Section 21.53.230(d).
3. Remove “agricultural labor housing” from the table of permitted uses in the R-A zone for
consistency with the Conditional Uses chapter.
On March 2, 2005, a public hearing was held by the Planning Commission to consider the proposed
amendments to the General Plan, Zoning Ordinance, and Local Coastal Program (GPA 04-211ZCA
04-11/LCPA 04-19). No members of the public spoke in regard to the project, and the Planning
PAGE 2 OF AGENDA BILL NO. 18,093
Commission voted 6-0 (Commissioner Whitton absent) to recommend approval of the proposed
amendments. Staffs analysis of the proposed amendments is contained in the staff report to the
Planning Commission, dated March 2, 2005 (Exhibit 4).
Associated with the proposal to establish a provision to round fractional unit yields up or down is a
separate proposal to amend City Council Policy 43 (proposed under a separate agenda bill for the
City Council’s consideration concurrent with this proposal). The amendment to Policy 43 would allow
unit yields calculated at the “growth management control point” to be rounded-up to the next whole
unit with a fractional unit allocation from the “excess dwelling unit bank”. Further analysis of the
proposed amendment to Policy 43 is contained in the agenda bill titled “Revision to City Council
Policy 43 - Excess Dwelling Unit Bank, which is a separate item on the same City Council agenda.
ENVIRONMENTAL:
The proposed amendments are exempt from environmental review pursuant to CEQA Section
15061(b)(3), which exempts projects “where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment.” Clarifying the intent of
existing residential density policies, providing a provision to round unit yields up or down, and minor
formatting changes to the General Plan and Zoning Ordinance will not result in a significant effect on
the environment. A Notice of Exemption will be filed.
FISCAL IMPACT:
The only anticipated fiscal impact would be from staff time required to complete the amendment
process through the Coastal Commission.
EXHIBITS :
1. City Council Ordinance No. IS753
2. City Council Resolution No. 2005-128
3.
4.
5.
Planning Commission Resolutions No. 5846, 5847 and 5848
Planning Commission Staff Report, dated March 2, 2005
Excerpt of Planning Commission Minutes, dated March 2,2005.
DEPARTMENT CONTACT: Jennifer Coon, (760) 602-4637, jcoon@ci .carlsbad .ca. us
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ORDINANCE NO. NS-753
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
MUNICIPAL CODE BY AMENDING THE RESIDENTIAL
DENSITY CALCULATION PROVISIONS IN THE ZONING
ORDINANCE, AND BY AMENDING “TABLE A PERMITTED
CODE FOR CONSISTENCY.
CASE NAME: RESIDENTIAL DENSITY CLARIFICATION
USES” IN CHAPTER 21.08 (R-A ZONE) OF THE MUNICIPAL
CASE NO.: GPA 04-21/ZCA 04-1 I/LCPA 04-19
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1 : That Section 21.08.020 of the Carlsbad Municipal Code is amended
by deleting “Agricultural labor housing” from TABLE A PERMITTED USES.
SECTION 2: That Section 21.53.120(e) of the Carlsbad Municipal Code is
de le ted .
SECTION 3: That Section 21.53.230(d) of the Carlsbad Municipal Code is
amended to read as follows:
(d) No more than fifty percent of the portion of a site containing twenty-five to forty
percent slopes may be utilized for calculating allowable residential density. Residential
development on slopes with an inclination of twenty-five to forty percent, inclusive, shall be
designed to minimize the amount of grading necessary to accommodate the project. For
projects within the coastal zone, the grading provisions of the Carlsbad local coastal program
and Chapters 21.38 and 21.203 of the municipal code shall apply.
SECTION 4: That Title 21 of the Carlsbad Municipal Code is amended by the
addition of Section 21.53.230(e) to read as follows:
(e) The potential unit yield for a property, based on the minimum, growth
management control point (GMCP), or maximum density of the applicable General Plan land
use designation, shall be subject to the following:
Equation used to determine unit yield: developable lot area (in acres) x
density = unit yield.
(A) “Density” used in this calculation is the minimum, GMCP, or
maximum density of the applicable General Plan land use designation;
(6) The resulting unit yield shall be subject to Table A, below. For purposes of this section:
(A) “Rounded-up” means rounding the fractional unit yield up to the next whole unit; and
(B) “Rounded-down” means rounding the fractional unit yield down to
the previous whole unit, but not less than 1 unit.
The information contained in Table A, below, shall not preclude the City
from approving residential densities above the GMCP or maximum density of the applicable
land use designation, subject to adopted City policies and regulations.
(1)
(2)
(3)
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Density Used
Calculation
for Unit Yield Includes a
fractional unit of .5 or greater
fractional unit below .5
fractional unit of .5 or greater
GMCP fractional unit below .5
MAXIMUM fractional unit
Provisions for Unit Yield Rounding
SHALL be rounded-up.’
MAY be rounded-down.2
MAY be r~unded-up.~
SHALL be rounded-down.
SHALL be rounded-down.
Planning Commission Resolution No. 5847 constitute the findings of the City Council.
EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after
its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not Withstanding the preceding, this ordinance shall not become
effective within the City’s Coastal Zone until LCPA 04-19 is approved by the California Coastal
Commission. )
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 26th day of Avril , 2005, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of
AYES:
NOES:
ABSENT:
ABSTAl N:
. 2005, by the following vote, to wit:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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RESOLUTION NO. 2005-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A GENERAL PLAN
AMENDMENT AND LOCAL COASTAL PROGRAM
AMENDMENT TO CLARIFY RESIDENTIAL DENSITY
PROW S IONS.
CASE NAME: RESIDENTIAL DENSITY CLARIFICATION
CASE NO.: GPA 04-21/ZCA 04-1 I/LCPA 04-19
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, the Planning Commission did on March 2, 2005, hold a duly noticed
public hearing as prescribed by law to consider the General Plan Amendment (GPA 04-21),
Zone Code Amendment (ZCA 04-1 1 ) and Local Coastal Program Amendment (LCPA 04-1 9) to
clarify the residential density provisions in the General Plan and Zoning Ordinance.
WHEREAS, the Planning Commission adopted Planning Commission
Resolutions No. 5846 and 5848 recommending to the City Council that GPA 04-21 and LCPA
04-1 9 be approved; and
WHEREAS, the City Council did on the 26th day of April I
2005 hold a duly noticed public hearing as prescribed by law to consider the General Plan
Amendment and Local Coastal Program Amendment, and;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all
factors relating to the General Plan Amendment and Local Coastal Program Amendment;
NOW, THEREFORE, the City Council of the City of Carlsbad, California does
hereby resolve as follows:
1.
2.
That the above recitations are true and correct.
That the findings of the Planning Commission in Planning Commission
Resolutions No. 5846 and 5848 constitute the findings of the City Council in this matter.
3. That the application for a General Plan Amendment (GPA 04-21) as
shown in Planning Commission Resolution No. 5846, on file with the City Clerk and
incorporated herein by reference, is hereby accepted, approved in concept, and shall be
formally approved with GPA Batch No. 1 of 2005 comprised of GPA 01-03, GPA 03-1 1, GPA
04-05, GPA 04-07, GPA 04-09, GPA 04-14, GPA 04-16, GPA 04-18 and GPA 04-21.
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4. That the amendment to the Local Coastal Program (LCPA 04-19), is
approved as shown in Planning Commission Resolution No. 5848, on file with the City Clerk
and incorporated herein by reference.
5. That the approval of LCPA 04-19 shall not become effective until it is
approved by the California Coastal Commission and the California Coastal Commission's
approval becomes effective.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 26th day of April , 2005, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Council Member Lewis
CLAUDE A.'LEWIS, Mayor
MATT HALL, Mayor Pro-Tem
ATTEST: n (
(SEAL)
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 5846
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A GENERAL PLAN AMENDMENT TO
CLARIFY RESIDENTIAL DENSITY POLICIES IN THE LAND
USE ELEMENT.
CASE NAME: RESIDENTIAL DENSITY CLARIFICATION
CASE NO.: GPA 04-21
WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application
with the City of Carlsbad regarding property described as
Citywide
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibit “A” dated March 2, 2005, on file in the Carlsbad Planning
Department RESIDENTIAL DENSITY CLARIFICATION - GPA 04-21 as provided in
Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on the 2nd day of March 2005, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of RESIDENTIAL DENSITY
CLARIFICATION - GPA 04-21, based on the following finding:
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Finding:
1. The proposed amendmen. to the General Plan, as shown on Exhib-- ~- “A,” La in
conformance with the Elements of the City’s General Plan based on the facts set
forth in the staff report dated March 2,2005, and as follows:
a. The proposed amendment will not significantly change any existing policy,
but will clarify the intent of policies pertaining to residential density. The
proposed amendments are consistent with existing policies in the Land Use
Element and will not create any inconsistencies with other policies of the
General Plan not being amended.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of March 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, and Montgomery
NOES:
ABSENT: Commissioner Whitton
ABSTAIN:
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
KTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5846 -2- 9
d. Medium-Hiah Densitv (RMH): Medium-high
density residential areas intended to be
developed with two-family dwellings and
multiple-family dwellings, as well as one-
family dwellings (developed as two or more
detached units on one lot) at a density
between 8 to 15 dwelling units per acre.
Development of one-family dwellings on
individual lots may be approved with a
planned development permit, subject to the
density range of this designation. General Plan Land Use
Desianation - e. High Densitv /RH): High-density residential
areas intended to be developed with two-
family and multiple-family dwellings, as well
as one-family dwellings (developed as two or
more detached units on one lot) at a density
between 15 to 23 dwelling units per acre.
Growth Minimum Management Maximum
Control Point
Certain areas of the City designated for planned
communities may have several residential desig-
nations or combinations of residential designa-
tions. To accommodate good design and plan-
ning, as well as environmental and topographical
factors, planned communities shall be controlled
by a master plan.
RLM
RM
RMH
RH
As part of the City's Growth Management Plan, a
dwelling unit limitation was established for each
quadrant of the City. The City shall not approve
any general plan amendment, zone change,
tentative subdivision map or other discretionary
approval for a development that cguld result in
the development above the limit in any'quadrant.
To ensure that development does not exceed the
limit, the following growth management control
points are established for the Land Use Element
density ranges.
w 3.2 4.0
44 6.0 8.0
8- 11.5 15.0
15-23 19.0 23.0
The City shall not approve any residential
development at a density that exceeds the growth
management control point for the applicable
density range without making the following
findings:
a. That the project will provide sufficient
additional public facilities for the density in
excess of the control point to ensure that the
adequacy of the City's public facilities plans
will not be adversely impacted.
b. That there have been sufficient developments
approved in the quadrant at densities below
the control point so the approval will not result
in exceeding the quadrant limit.
I I I RL IQ-45I 1 .o 1.5
The residential land use designations indicate
MAXIMUM development unit yields. To meet the
General Plan goals and objectives, including, but
not limited to population goals and environmental
considerations, the ACTUAL yield may be less
than maximum potentials, but not less than the
minimum density of the underlying land use
designation; except, density may be approved
below the minimum of the density range in the
following circumstances:
a. When a single, one-family dwelling is
constructed on a leqal lot that existed as
of October 28,2004.
on a lot that was created by consolidating
lint0 one
lot !this only applies to lots that are
nonconforming in lot areal.
two legal nonconforminp lots
bg. When a legal lot is developed with one or
more residential units that existed as of
October 28, 2004; provided, the existing units
are to remain and it is not feasible to
construct the number of additional units
needed to meet the minimum density without
requiring the removal of the existing units.
Pursuant to California Government Code Section
65863, the City shall not by administrative, quasi-
judicial, or legislative action, reduce, require or
permit the reduction of residential density on any
parcel to a density below that which was utilized
Page 14 Amended September 21,2004
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PLANNING COMMISSION RESOLUTION NO. 5847
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO CLARIFY
THE PROVISIONS FOR CALCULATING RESIDENTIAL
DENSITY, AND TO AMEND “TABLE A PERMITTED USES”
IN CHAPTER 21.08 (R-A ZONE) OF THE MUNICIPAL CODE
FOR CONSISTENCY.
CASE NAME: RESIDENTIAL DENSITY CLARIFICATION
CASE NO.: ZCA 04-1 1
WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal
. Code, the Planning Director has prepared an amendment to Title 21 of the Municipal Code
(Zoning Ordinance) relating to residential density calculations; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X,” dated March 2, 2005, and attached hereto RESIDENTIAL DENSITY
CLARIFICATION - ZCA 04-21; and
WHEREAS, the Planning Commission did on the 2nd day of March 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by
staff, and considering any written comments received, the Planning Commission considered all
factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of RESIDENTIAL
DENSITY CLARIFICATION - ZCA 04-11, based on the following findings:
Findings:
1. The proposed Zone Code Amendment, ZCA 04-11, is consistent with the General Plan in
that the amendments will clarify how to calculate residential unit yields based on
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General Plan density requirements, which will ensure consistency with and
implementation of the residential density policies of the General Plan; and
2. The proposed Zone Code Amendment, ZCA 04-11, reflects sound principles of good
planning in that it: a) ensures consistency with the General Plan and Zoning
Ordinance; and b) provides clarity in how to implement .- City policies and
regulations that pertain to residential density.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of March 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, and Montgomery
NOES:
ABSENT: Commissioner Whitton
ABSTAIN:
CARLSBAD PLANNING COMMISSION
AXTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5847 -2-
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PLANNING COMMISSION RESOLUTION NO. 5848
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDTNG
APPROVAL OF A LOCAL COASTAL PROGRAM
AMENDMENT TO AMEND THE ZONING ORDINANCE BY
RESIDENTIAL DENSITY, AND BY AMENDING “TABLE A
MLTNICPAL CODE FOR CONSISTENCY.
CASE NAME: RESIDENTIAL DENSITY CLARIFICATION
CLARIFYING THE PROVISIONS FOR CALCULATING
PERMITTED USES” IN CHAPTER 21.08 (R-A ZONE) OF THE
CASE NO.: LCPA 04- 19
WHEREAS, the Planning Director has prepared an amendment to Title 21 of the
Municipal Code (Zoning Ordinance) relating to residential density calculations; and
WHEREAS, the Zoning Ordinance is the implementing ordinance for the City of
Carlsbad Local Coastal Program; and
WHEREAS, California State law requires that the Local Coastal Program and
Zoning Ordinance be in conformance, and therefore, an amendment to the Local Coastal
Program is required in conjunction with an amendment to the Zoning Ordinance (implementing
ordinance) to ensure consistency between the two documents; and
WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application
for an amendment to the Local Coastal Program; and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “X,” dated March 2, 2005, attached to Planning
Commission Resolution No. 5847 and incorporated herein by reference, as provided for in
Public Resources Code Section 30514 and Article 15, Subchapter 2, Chapter 8, Division 5.5 of
Title 14 of the California Code of Regulations (California Coastal Commission Regulations); and
WHEREAS, the Planning Commission did on the 2nd day of March 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by
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staff, and considering any written comments received, the Planning Commission considered all
factors relating to the Local Coastal Program Amendment; and
WHEREAS, in accordance with California Coastal Commission requirements, the
Local Coastal Program Amendment was subject to a six-week public review period, starting on
January 13,2005 and ending on February 24,2005, and the Planning Commission considered
.-
all comments received, if any.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of RESIDENTIAL
DENSITY CLARIFICATION - LCPA 04-19, based on the following findings:
Findings:
1.
2.
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That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello I, Mello 11, Agua Hedionda Lagoon, East Batiquitos Lagoon and West
Batiquitos Lagoon segments of the Carlsbad Local Coastal Program not being amended
by this amendment, in that it ensures consistency with the Carlsbad Zoning
Ordinance, and does not conflict with any coastal zone regulations, land use
designations or policies, with which development must comply.
That the proposed amendment to the Carlsbad Local Coastal Program is required to
ensure consistency with the proposed Zone Code Amendment (ZCA 04-1 1).
PC RES0 NO. 5848 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of March 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, and Montgomery -
NOES:
ABSENT: Commissioner Whitton
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5848 -3-
EXHIBIT 4 The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: March 2,2005
I Application complete date: December 15,2004 -1
Project Planner: JennifeF Coon
Project Engineer: N/A
SUBJECT: GPA 04-21/ZCA 04-11LCPA 04-19 - RESIDENTIAL DENSITY
CLARIFICATION - Request for a recommendation to the City Council to
approve a General Plan Amendment, Zone Code Amendment and Local Coastal
Program Amendment to clarify the residential density provisions in the General
Plan and Zoning Ordinance, and amend the R-A Zone list of permitted uses for
consistency.
I. RECOMMENDATION
Staff recommends that the Planning Corizmission ADOPT Planning Commission Resolutions
No. 5846, 5847 and 5848 RECOMMENDING APPROVAL of a General Plan Amendment
(GPA 04-21), Zone Code Amendment (ZCA 04-11) and Local Coastal Program Amendment
(LCPA 04- 19), based on the findings contained therein.
11. INTRODUCTION
The General Plan currently includes a policy that requires residential projects to meet the
minimum density of the applicable residential land use designation. There are exceptions to that
requirement, which allow for residential development below the minimum density. One of those
exceptions is “when a legal lot is nonconforming, or when two legal nonconforming lots are
consolidated into one lot.” The proposed General Plan Amendment is intended to clarify that
this exception is meant to allow the construction of a single, one-family dwelling on such lots.
The proposed Zone Code Amendment includes a proposal to establish a section in the Zoning
Ordinance that clarifies how to determine the potential unit yield for a property based on the
density requirements of the General Plan. Staff is proposing a provision that would allow far
rounding-up or down when the required density for a site results in a fractional unit yield (e.g.,
the RH land use designation’s minimum density requirement of 15 units per acre on a 10,500
square foot lot would result in a unit yield of 3.6 units). In general, staff is proposing that if the
unit yield includes a fractional unit of .5 or greater the unit yield would be rounded-up; and if the
unit yield includes a fi-actional unit below .5 the unit yield would be rounded-down.
The Zone Code Amendment also includes a correction to the table of permitted uses in the R-A
zone. The correction would delete “agricultural labor housing” as a conditionally permitted use
in the R-A zone. The use was included in the R-A zone table of permitted uses in error, and is
inconsistent with the Conditional Uses chapter of the Zoning Ordinance.
With regard to the proposed Local Coastal Program (LCP) Amendment, the Zoning Ordinance is
the implementing ordinance for the LCP; therefore, a LCP amendment is necessary. However,
GPA 04-2 1 /ZCA 04- 1 1LCPA 04- 19 - RESIDENTIAL DENSITY CLARIFICATION
March 2,2005
1
2
no portion of the LCP land use plan document is being amended. The proposed amendments are
explained in more detail in the “Analysis” section of this report.
Clarify that only a single, one-family dwelling is permitted when residential density is
allowed below the minimum of the density range on a legal nonconforming lot, or the
consolidation of two legal nonconforming lots.
Modify “Table 2: Allowed Dwelling Units Per Acre” in the General Plan to clarify the
“minimum,” “growth management control point” and “maximum” density of each
residential land use designation.
III. PROJECT DESCRIPTION AND BACKGROUND
Project Description
-
1
’
2
The project consists of clarifymg the residential density provisions in the General Plan and
Zoning Ordinance. The proposed amendments include the following:
for a property based on the density requirements of the General Plan. The new section
would establish a provision to round-up or down when the required density for a site results
in a fractional unit yield.
Relocate Section 21.53.12Ote) to Section 21.53.230(d).
Remove “agricultural labor housing” from the table of permitted uses in the R-A zone for
consistency with the Conditional Uses chapter.
TABLE B
ZONING ORDINANCE /LOCAL COASTAL PROGRAM AMENDMENT I Add a section to the Zoning Ordinance to clarify how to determine the potential unit yield
Background
On September 21, 2004, the City Council approved an amendment to the residential policies in
the General Plan and Zoning Ordinance (Residential General Plan and Zoning Consistency
Amendments). The amendment included establishing a policy to no longer allow residential
density below the minimum of the density range, with exceptions. One of the exceptions to
meeting the minimum density is as follows:
“When a lot is legal nonconforming, or when two legal nonconforming lots are
consolidated into one lot.”
The intent of this exception was to allow a single, one-family dwelling to be built when two
nonconforming lots (i.e. nonconforming as to lot area) are consolidated into one lot. The
proposed General Plan Amendment will clarify that intent.
Also, the proposed Zone Code Amendment will provide clarification and flexibility in
implementing the General Plan policy that does not allow residential density below the minimum
of the density range.
GPA 04-21UCA 04-1 l/LCPA 04-19 - RESIDENTIAL DENSITY CLARIFICATION
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Page 3
IV. ANALYSIS
A. General Plan Amendment.
1. Clarify provision to allow densitv below minimum of density range. - -
With regard to residential density and development unit yields, the General Plan currently states
that “to meet the General Plan goals and objectives, including, but not limited to population
goals and environmental considerations, the ACTUAL yield may be less than maximum
potential, but not less than the minimum density of the underlying land use designation.. .” The
General Plan also includes three exceptions to allow density below the minimum of the density
range, as follows:
a. The construction of a single, one-family dwelling on any legal residential lot that
existed as of October 28,2004.
b. When a lot is legal nonconforming, or when two legal nonconforming lots are
consolidated into one lot.
c. When a legal lot is developed with one or more residential units that existed as of
October 28, 2004; provided, the existing units are to remain and it is not feasible
to construct the number of additional units needed to meet the minimum density
without requiring the removal of the existing units.
Exception “b” above, was originally recommended by the Planning Commission when reviewing.
the Residential General Plan and Zoning Consistency Amendments (approved by City Council
on September 21, 2004), and was primarily intended to allow the construction of a single, one-
family dwelling when two lots, which are nonconforming in lot area, are consolidated into one
lot. For example, many lots on the west side of Ocean Street are nonconforming in lot area and
are designated RH (Residential High density); several property owners have consolidated two of
those nonconforming lots for the purpose of building a single, one-family dwelling. Exception
“b” above, was recommended by the Planning Commission to ensure that property owners would
still have the opportunity to consolidate two nonconforming lots and build a single dwelling.
The proposed General Plan Amendment is intended to clarify that intent (see Attachment 4).
2. Clarifi allowed dwelling units per acre table.
Staff is also proposing to modify “Table 2: Allowed Dwelling Units Per Acre” in the General
Plan to clarify the “minimum,” “growth management control point”, and “maximum” density of
each residential land use designation. No change is proposed to the actual densities, but the
information is proposed to be presented in a different format for clarity (see Attachment 4).
GPA 04-2 l/ZCA 04- 1 1LCPA 04- 19 - RESIDENTIAL DENSITY CLARIFICATION
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Unit yields including a fraction of .5 or greater
Unit yields including a fraction below .5
B. Zone Code Amendment.
SHALL round-up
MAY round-down
1. Establish a “rounding” Drovision in unit yield calculations.
The proposed amendment to the Zoning Ordinance includes adding a provision to allow
residential unit yields to be rounded-up or down. The potential residential unit yield for a
property, based on the minimum, growth management control point (GMCP), or maximum
density of the applicable land use designation, is determined by multiplying the lot area (in acres)
by the applicable density. For example, for a 10,500 square foot (.24 acre) lot that is designated
RH (density range: 15-23 dwelling units per acre) the number of units necessary to meet the
minimum density would be determined by multiplying .24 by 15, which yields 3.6 units.
With the exception of the Inclusionary Housing Ordinance, there is currently no written city
policy to round-up or down when the density for a property results in a fractional unit yield. The
Inclusionary Housing Ordinance includes a requirement that if the calculation to determine the
number of fequired inclusionary units results in a fractional unit of .5 or greater the unit yield
shall be rounded-up to the next whole unit. Staff is proposing to establish a similar requirement
when determining unit yield for all residential projects.
The proposed rounding provision for unit yields calculated at “minimumyy density provides some
flexibility in implementing the minimum density of the residential land use designations.
Currently, to implement technically the General Plan policy that prohibits residential
development below the minimum of the density range, any resulting fractional unit yield would
need to be rounded-up (rounding-down would technically result in a density below minimum).
Staff is proposing to establish a provision to allow rounding-down when the density calculation
(based on minimum density) results in a unit yield that includes a fractional unit below .5 (this
would be an option to round-down, not a requirement); but require the unit yield be rounded-up
when the yield includes a fractional unit of .5 or greater. Rounding-up or -down, as specified
above, will result in some residential projects being slightly above the minimum density and
some being slightly below. Also, the provision to round-up or -down will provide some
flexibility in implementing the minimum density requirements of the General Plan, and yet still
meet the overall intent of implementing the minimum of the density range (on average).
GPA 04-21/ZCA 04-1 1LCPA 04-19 - RESIDENTIAL DENSITY CLARIFICATION
March 2,2005
Page 5
Unit yields including a fraction of .5 or greater
Unit vields including. a fraction below .5
b. At GMCP density.
MAY round-up
SHALL round-down .-
The proposed rounding provision for unit yields calculated at the GMCP density also provides
some flexibility in implementing the GMCP density of the residential land use designations.
Currently, only certain projects are permitted to exceed the GMCP density through a unit
allocation from the “excess dwelling unit bank” (EDUB). In order to exceed the GMCP density,
City Council Policy 43 specifies certain criteria that residential projects must meet to be eligible
for an allocation of dwelling units from the EDUB; such criteria includes the construction of
affordable housing or senior housing.
Staff is proposing that residential projects be able (but not required) to “round-up” to the next
whole unit when the density calculation (based on the GMCP density) results in a unit yield that
includes a fractional unit of .5 or greater, and be required to round-down when the yield includes
a fractional unit below .5. For example, if a 10,500 square foot lot is designated RH, with a
GMCP density of 19 dwelling units per acre, the GMCP density would yield 4.57 units for the
property. In this example, the proposed ZCA would provide the flexibility to allow the unit yield
to be rounded-up to 5 units, which is slightly (a .43 unit) above the GMCP density. On the other
hand, the unit yield would be required to be rounded-down if the GMCP density resulted in a
unit yield that included a fractional unit below .5 (i.e. a unit yield of 4.49 units would be required
to round-down to 4 units).
In addition to the proposed ZCq, staff will be proposing to the City Council an amendment to
Policy 43 to add a provision to allocate a fractional unit from the EDUB when the GMCP unit
yield includes a fractional unit of .5 or greater. The provision would allow the unit yield to be
rounded-up to the next whole unit; provided, the maximum of the density range is not exceeded.
The proposed ZCA is consistent with the Growth Management Plan because the provision to
“round-up” above the GMCP will be subject to an allocation from the EDUB, which ensures that
the dwelling unit caps for each city quadrant are not exceeded.
Although the proposed amendment to Policy 43 is not subject to a recommendation from the
Planning Commission, the proposed ZCA reflects and would implement the proposed policy.
C. At maximum density.
Unit yields calculated at MAXIMUM density of the applicable density range
Unit vields including a fractional unit I SHALL round-down
Unless otherwise allowed through an allocation of units from the EDUB (pursuant to City
Council Policy 43), no residential project is permitted to exceed the maximum of the density
range. Therefore, if the maximum density of the applicable land use designation for a property
results in a fractional unit yield, the unit yield shall always be rounded-down.
dO
GPA 04-2 l/ZCA 04- 1 1LCPA 04- 19 - RESIDENTIAL DENSITY CLARIFICATION
March 2,2005
2. Relocate Section 21.53.120(e) to Section 21.53.230(d).
Staff is also proposing a minor correction to the Zoning Ordinance. Subsection 21.53.120(e) of
the Zoning Ordinance specifies the regulations for calculating density when there are slopes
between 25% to 40% on a property. However, this subsection is located under-the section that
lists the requirements for processing a site development plan for affordable housing and
multiple-family housing projects. Section 21.53 of the Zoning Ordinance lists the requirements
for calculating residential density; therefore, subsection 2 1.53.120(e) is proposed to be relocated
to that section (specifically, subsection 2 1.53.230(d)).
3. Remove “Anricultural Labor Housing” from the Table of Permitted Uses in the R-A
Zone.
As part of the Residential General Plan and Zoning Consistency Amendments, approved on
September 21,2004, the Zoning Ordinance was amended to list all permitted and conditionally
permitted uses in each residential zone chapter. This involved incorporating uses listed in the
Conditional Uses chapter into each residential chapter. While drafting the text amendment for
each residential chapter, a separate amendment to the Conditional Uses chapter (Farmworker
Housing - ZCA 04-01) was approved by the City Council on April 13, 2004, which deleted
“agricultural labor housing” as a conditionally permitted use in the R-A zone; and established
“temporary agricultural farmworker housing” as a conditionally permitted use in all zones,
except residential.
The Residential General Plan and Zoning Consistency Amendments were drafted before City
Council’s approval of the Farmworker Housing amendment; and therefore, “agricultural labor-
housing” was included in the list of permitted uses (as a conditionally permitted use) for the R-A
zone. This inadvertently created an inconsistency with the approved Farmworker Housing
amendment; and the inconsistency was not identified prior to the approval of the Residential
General Plan and Zoning Consistency Amendments. The inconsistency will be corrected by
deleting “agricultural labor housing” from the list of permitted uses in the R-A zone.
C. General Plan, Zoning Ordinance, Local Coastal Program consistency
The purpose of the proposed General Plan, Zone Code and Local Coastal Program Amendments
is to clarify existing residential density provisions. The proposed amendments will not result in
any inconsistencies with the other policies of the General Plan, or other the provisions of the
Zoning Ordinance and Local Coastal Program not being amended.
With regard to consistency with the Local Coastal Program, as mentioned earlier in this report,
the Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP). The
LCP amendment is necessary to ensure consistency between the LCP and Zoning Ordinance.
The proposed amendment will not result in any conflict with the provisions of the LCP.
V. ENVIRONMENTAL REVIEW
The proposed amendments are exempt from environmental review pursuant to CEQA Section
15061(b)(3), which exempts projects “where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment.”
GPA 04-21/ZCA 04-1 1LCPA 04-19 - RESIDENTIAL DENSITY CLARIFICATION
March 2,2005
Pape 7
Clarifying the intent of existing residential density policies, providing a provision to round unit
yields up or down, and minor text changes to the General Plan and Zoning Ordinance will not
result in a significant effect on the environment. A Notice of Exemption will be filed.
ATTACHMENTS: .-
1.
2.
3.
4.
Planning Commission Resolution No. 5846 (GPA)
Planning Commission Resolution No. 5847 (ZCA)
Planning Commission Resolution No. 5848 (LCPA)
Strike-out and underline version of proposed General Plan and Zoning Ordinance text
amendments
JC:bd
Strike-outlUnderline Version - GPA 04-21 Residential Density Clarification
Land Use Element
General Plan Land Use Desitanation
&-6+Q
d.
Growth Minimum Management Maximum
Control Point
Medium-Hinh Density (RMH): Medium-high
density residential areas intended to be
developed with two-family dwellings and
multiple-family dwellings, as well as one-
family dwellings (developed as two or more
detached units on one lot) at a density
between 8 to 15 dwelling units per acre.
Development of one-family dwellings on
individual lots may be approved with a
planned development permit, subject to the
density range of this designation.
RL I 04 I 1 .o
e. Hiqh Density (RH): High-density residential
areas intended to be developed with two-
family and multiple-family dwellings, as well
as one-family dwellings (developed as two or
more detached units on one lot) at a density
between 15 to 23 dwelling units per acre.
Certain areas ,of the City designated for planned
communities may have several residential desig-
nations or combinations of residential designa-
tions. To accommodate good design and plan-
ning, as well as environmental and topographical
factors, planned communities shall be controlled
by a master plan.
As part of the City's Growth Management Plan, a
dwelling unit limitation was established for each
quadrant of the City. The City shall not approve
any general plan amendment, zone change,
tentative subdivision map or other discretionary
approval for a development that could result in
the development above the limit in any quadrant.
To ensure that development does not exceed the
limit, the following growth management control
points are established for the Land Use Element
density ranges.
1.5
The City shall not approve any residential
development at a density that exceeds the growth
management control point for the applicable
density range without making the following
findings:
RLM
RM
RMH
RH
a. That the project will provide sufficient
additional public facilities for the density in
excess of the control point to ensure that the
adequacy of the City's public facilities plans
will not be adversely impacted.
O-"" 3.2 4.0
4-8 6.0 8.0
84 11.5 15.0
1533- 19.0 23.0
b. That there have been, sufficient developments
approved in the quadrant at densities below
the control point so the approval will not result
in exceeding the quadrant limit.
~ ~~ ~~ ~~
c. All necessary public facilities required by the
City's Growth Management Program will be
constructed, or are guaranteed to be
constructed, concurrently with the need for
them created by this development and in
compliance with the adopted City standards.
- Table 2:
ALLOWED DWELLING UNITS PER ACRE
The residential land use designations indicate
MAXIMUM development unit yields. To meet the
General Plan goals and objectives, including, but
not limited to population goals and environmental
considerations, the ACTUAL yield may be less
than maximum potentials, but not less than the
minimum density of the underlying land use
designation; except, density may be approved
below the minimum of the density range in the
following circumstances:
a. When a sinnle, one-familv dwelling is
constructed on a leaal lot that existed as
of October 28.2004.
ah. When a
single. one-familv dwellinn is constructed
on a lot that was created bv consolidating
two legal nonconforminn lots
lint0 one
lot lthis onlv applies to lots that are
nonconforminn in lot area).
eC_. When a legal lot is developed with one or
. more residential units that existed as of
October 28, 2004; provided, the existing units
are to remain and it is not feasible to
construct the number of additional units
needed to meet the minimum density without
requiring the removal of the existing units.
Pursuant to California Government Code Section
65863, the City shall not by administrative, quasi-
judicial, or legislative action, reduce, require or
permit the reduction of residential density on any
parcel to a density below that which was utilized
Page 14 Amended September 21,2004
$3
STRIKE-OUTLJNDERLINE VERSION OF
ZCA 04-1 l/LCPA 04-19 - RESIDENTIAL DENSITY CLARIFICATION
Section 21.08.020 is proposed to be amended by the deletion of “agricultural labor housing”
from Table A Permitted Uses in the R-A zone:
.- Ill
Section 21.53.120(e) is proposed to be deleted:
Section 21.53.230 is proposed to be amended as follows:
2 1.53.230
(a)
(b)
(1) Beaches;
(2) Permanent bodies of water;
(3) Floodways: \
(4)
(5) Significant wetlands;
(6)
(7)
(8)
(9) Railroad track beds.
(c)
Residential density calculations, residential development restrictions on open
space and environmentally sensitive lands.
For the purposes of Titles 20 and 21 of this code, residential density shall be
The following lands are considered to be undevelopable and shall be excluded
determined based on the number of dwelling units per developable acre of property.
from density calculation:
Natural slopes with an inclination of greater than forty percent except as permitted
pursuant to Section 2 1.95.120(B) of this code;
Significant riparian or woodland habitats;
Land subject to major power transmission easements;
Land upon which other significant environmental features as determined by the
environmental review process for a project are located;
No residential development shall occur on any property listed in subsection (b).
Subject to the provisions of Chapters 21.33 and 21.110, the city council may permit limited
development of such property if, when considering the property as a whole, the prohibition
against development would constitute an unconstitutional deprivation of property. The planning
commission or city council, whichever is the final decision-making body for a residential
development may permit accessory facilities, including, but not limited to, recreational facilities,
view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 21.1 10)
and on land subject to major power transmission easements.
(d) No more than fifty percent of the portion of a site containinp twenty-five to
forty p ercent slopes may be utilized for calculatinp allowable residential density.
Residential development on slopes with an inclination of twenty-five to forty percent, inclusive,
shall be designed to minimize the amount of grading necessary to accommodate the project. For
projects within the coastal zone, the grading provisions of the Carlsbad local coastal program and
Chapters 21.38 and 21.203 of the municipal code shall apply.
The potential unit yield for a property, based on the minimum, Prowth
management control point (GMCP), or maximum density of the applicable General Plan
land use designation, shall be subject to the followinp:
Equation used to determine unit yield: developable lot area (in acres)
x density = unit yield.
(A) C‘Density” used in this calculation is the minimum, GMCP, or
maximum density of the applicable General Plan land use designation;
JB) The resultinp unit yield shall be subiect to Table A, below.
For purposes of this section:
IA) “Rounded-up” means roundinp the fractional unit yield UP to
the next whole unit: and
“Rounded-down” means rounding the fractional unit yield
down to the previous whole unit, but not less than 1 unit.
The information contained in Table A, below, shall not preclude the
City from approvinp residential densities above the GMCP or maximum density of the
applicable land use desimation, subiect to adopted City policies and repulations.
-
-
(e)
fl)
(2)
J3)
, DensitvUsed
CalcXa ti0 n
for Unit Yield Includes a
fractional unit of .5 or greater
fractional unit below .5
fractional unit of .5 or vreater
fractional unit below .5
MINIMUM
GMCP
MAXIMUM fractional unit
Provisions for Unit Yield Rounding
MAY SHALL be be rounded-dow~.” rounded-u .l
3 MAY be rounded-up.
SHALL be rounded-down.
SHALL be rounded-down.
Planning Commission Minutes March 2, 2005 Page 8 EXHIBIT 5
4. GPA 04-211ZCA 04-1 l/LCPA 04-19 - RESIDENTIAL DENSITY CLARIFICATION - Request for a recommendation to the City Council to approve a General Plan
Amendment, Zone Code Amendment and Local Coastal Program Amendment to clarify
the residential density provisions in the General Plan and Zoning Ordinance, and amend
the R-A Zone list of permitted uses for consistency.
Mr. Neu introduced agenda Item 4 and stated Associate Planner Jennifer Coon would make the Staff
presentation.
Ms. Coon stated the project is a proposal to clarify some of the residential density provisions in the
General Plan and Zoning Ordinance, and also to remove agricultural labor housing from the table of
permitted uses in the R-A zone to be consistent with the conditional uses chapter. With regard to the
General Plan Amendment, the General Plan currently states that residential development is not allowed
to be below the minimum density range. There are a few exceptions to that. One exception is when two
non-conforming lots are consolidated into one lot. The exception was recommended by the Planning
Commission as part of the General Plan and Zoning Consistency Amendments which were approved by
City Council last September. The original intent of that exception was to allow the construction of a single
family dwelling on a lot that was created by consolidating two non-conforming lots; however, the way this
exception is currently written would allow for development of more than one dwelling even though that
might be below the minimum density and Staff is proposing to clarify and reword the exception so that it
states when you consolidate two non-conforming lots, it is for the construction of one single-family
dwelling. Staff would also clarify that would only apply to lots that are nonconforming in lot area. Another
minor amendment to the General Plan is to reformat the table that specifies the density ranges. Right
now the table lists density ranges for each residential designation in one single column with the growth
control point listed separately. Staff is proposing to reformat and specify each point of the density range
more clearly. With regard to the Zoning Code Amendment, Staff is recommending to add a provision to
round up or down when the density results in a fractional unit yield. The rounding provision would be a
little different at each point on the density range. At minimum density we are recommending that if the
density results in a fractional unit of 0.5 or greater that the unit yield be required to be rounded up. If the
fraction is below 0.5, the builder would have the option to round down if they chose too. At the Growth
Control Point, Staff is recommending to add a provision to allow the unit yield to be rounded up if there is
a fraction of 0.5 or greater. This would necessitate taking a fractional unit out of the Excess Dwelling Unit
Bank. To do this, Staff would be processing a concurrent amendment to Policy 43 when this goes
forward to Council that would add that provision where we could take a fractional unit to allow the unit
yield to be rounded up to the next whole unit, but if their unit yield had a fraction of 0.5 or below at the
Growth Control Point, they would be required to round down unless they met some of the other criteria in
Policy 43. Then, at maximum density there wouldn't be any change. If there is a fractional unit, they
would be required to round down in any case. To give you an example of how we might implement these
provisions, if you have a 10,500-square foot lot that is designated RH: to determine the unit yield at the
minimum density, you would multiply the lot acreage, which is 0.24 and multiply it by the minimum density
which is 15 and that would yield 3.6 units. And, subject to what we are proposing they would be required
to round up to the next whole unit to meet the minimum density requirements. So they would be required
to build 4 units. However, if the unit yield happened to be 3.2, for example, they would have the option to
round down and build 3 units. At the Growth Control Point on a lot this size, the Growth Control Density
would yield 4.57 units. Our proposal would enable them to round up with a fractional unit allocation out of
the Dwelling Unit Bank. Staff is also proposing a couple of other minor clean-up amendments. One is to
relocate the section in the code that clarifies how you calculate density when a lot contains slopes of 25%
to 40%. Staff is relocating that to the correct section in the Zoning Ordinance. Staff is also proposing to remove the listing of agricultural labor housing from the table of permitted uses in the RA Zone. That use
was in error listed in the table. Last year there was an amendment to our Conditional Uses Chapter that
specified that farm worker housing was allowed in all zones except residential. So, removing this from
the RA zone would make it consistent with that amendment. Ms. Coon concluded her presentation and
stated she would be available to answer any questions
Chairperson Segall asked if there were any comments or questions for the Staff.
Commissioner Montgomery stated the he did not see anything contrary to what had been discussed
previously, noted that points discussed had been included as provisions, as well as Commissioner
Baker's consolidating a lot issue. He asked Ms. Coon for clarification on using minimum density for
Planning Commission Minutes March 2,2005 Page 9
allocation of affordable housing and if using the Growth Control Point to go down to the minimum. Ms.
Coon explained that the housing element and the new state law that was incorporated into the General
Plan last year specified that you could not approve density below the density that was used to certify the
housing element. To do so, certain findings would have to be made, and it could be approved below the
density if the findings showed that we could accommodate our share of the regional housing need. The
current housing element used the Growth Control Point density when it was certified. An update is
currently being processed to the housing element and what point of the density range is used for its
certification has not been determined yet.
Commissioner Montgomery asked Ms. Coon to clarify between the initial thought that the minimum
density would be used to clarify the housing element and if now it was somewhere in between. Ms. Coon
responded that it was still unknown what density would be used to certify the housing element.
Commissioner Montgomery asked Ms. Coon if the rounding up or down at minimum density will trigger
the need to take units out of the Excess Unit Bank. Ms. Coon responded that the dwelling unit bank is
based on the Growth Control Point. Commissioner Montgomery stated that would not change based on
the housing element and affordable housing needs. Ms. Coon responded that was correct and that the
Growth Management Plan was separate.
Commissioner Dominguez asked Ms. Coon if the Dwelling Unit Bank would be utilized in situations of
rounding up at the growth control point and if it would deplete the accumulation. Ms. Coon clarified that a
fractional unit would need to be taken out of the bank to round up above the growth control point.
Commissioner Heineman asked Ms. Coon the balance of the Dwelling Unit Bank and if it was substantial.
Mr. Neu stated that after the last modification to the Council Policy that it started with a balance of 2800
units, and that it is still substantial due to deposits into the bank.
Commissioner Cardosa asked Ms. Coon if there would be any impact with the adjustment of removing
agricultural housing from the R-A zone, and that if any current agricultural producers were overlapping in
the current RA Zone that have requested migrant housing. Ms. Coon stated that the current Zoning Code
does not allow the use in the zone, because of the amendment adopted by Council last year. Ms. Coon
explained that the current listing in the RA Zone was inadvertently added to the table during the process
of an amendment to the residential zone during the same time of the farm worker housing amendment,
and that this change is to be consistent with the farm worker housing amendment approved last year. Mr.
Neu stated that when the residential zone was recently reviewed and updated, that the RA Zone was
plotted on areas that have developed as single-family tract neighborhoods and the zone may be replaced
in the future with an R1 Zone and phase out the RA Zone.
commissioner Baker asked Ms. Coon if there were areas in town, such as beach overlays or PUD
Ordinances, that would make it difficult for a developer to meet the minimum density because of
conflicting rules, and which one would supersede the other. Ms. Coon stated the developer would need
to work with both provisions, and maybe reduce the size of units, or use the variance provisions where
there are special circumstances to the property owner to possibly receive a reduction in the standards.
However, complying with the General Plan, which specifies density regulations, takes precedence over
the Zoning Ordinance.
Chairperson Segall asked if there were any other questions to Staff.
Chairperson Segall asked Ms. Coon how the development community is notified with changes in the
ordinances. Ms. Coon stated that notices were not sent to every developer, but in accordance with the
Zoning Ordinance, it was posted in two papers with a one-eighth page ad, sent to a long list of agencies
that have requested to be noticed, the Chamber of Commerce, BIA, also posted six-weeks ago in a paper
and sent to the same mailing list for the Local Coastal Program Amendment. Mr. Neu stated that
additional information and Public Notices are added to the City website. Email notifications are available
for those who want to keep up-to-date. Staff Reports are listed on the website for viewing and currently
working to add sections posting draft ordinances for review well in advance of Public Hearings.
Chairperson Segall commented that it is important to make sure those directly impacted with the
development community are notified in advance, as there were some he spoke with that were interested
in the changes and were not notified.
Planning Commission Minutes March 2,2005 Page 10
Chairperson Segall asked if there were any other questions of Staff or if there were any other members of
the audience who wished to speak on the item. Seeing none, he opened and closed public testimony.
MOTION
ACT ION : Motion by Commissioner Montgomery, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 5846, 5847, and 5848
recommending approval of General Plan Amendment 04-21, Zone Code
Amendment 04-1 1, and Local Coastal Program Amendment 04-19 based on the
finding and subject to the conditions contained therein.
VOTE: 6-0
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, and
NOES: None
Heineman, Montgomery