HomeMy WebLinkAbout2005-04-26; City Council; 18097; Revision Council Policy Excess Dwelling Unit BankMTG. 4/26/05
DEPT. PLN
REVISION TO CITY COUNCIL POLICY 43 -
EXCESS DWELLING UNIT BANK 1 CITY ATTY. 1 CITY MGR
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. , REVISING City Council Policy 43 to
establish a revised list of characteristics that may qualify a residential project for the allocation of
units from the “excess dwelling unit bank.”
2005-132
ITEM EXPLANATION:
Staff is proposing a revision to City Council Policy 43, as follows:
1. Establish a provision that would allow the allocation of a fractional unit from the “excess
dwelling unit bank” (EDUB) when the growth management control point (GMCP) density for a
property results in a unit yield that includes a fractional unit of .5 or greater. In this
circumstance, the proposed amendment would allow a fraction of a unit to be granted from
the EDUB in order to achieve, but not to exceed, the next whole unit; provided, the maximum
density of the applicable General Plan land use designation is not exceeded.
2. Amend the existing list of “characteristics” that qualify a project for an allocation from the
EDUB to ensure better consistency with the General Plan and State density bonus law.
Staff is proposing number “l”, above, in order to provide a little more flexibility in implementing the
GMCP density of the residential land use designations. The proposal would provide residential
projects the ability to “round-up” to the next whole unit when the GMCP density results in a fractional
unit yield of .5 or greater (unit yields below .5 would be required to round-down, pursuant to related
ZCA 04-1 1). For example, if a 10,500 square foot lot is designated RH with a GMCP density of 19
dwelling units per acre, the GMCP unit yield would be 4.57 units. In this example, the proposed
amendment would allow the allocation of a .43 unit from the EDUB to allow 5 units.
Currently, there is no provision that would allow the development of$ units in the example above
(because it would exceed the GMCP density); unless, the project met the criteria currently listed in
Policy 43 to be eligible for a unit allocatio’n from the EDUB (such as affordable housing or senior
housing). For a project requesting a fractional unit of .5 or less from the EDUB, it may not be
reasonable to require a whole unit to be affordable to low income households or restricted to a senior
household. This is especially true for smaller, infill projects.
Therefore, staff is proposing the flexibility Eo grant a fractional unit from the EDUB when the GMCP
unit yield for a project includes a fractional unit of .5 or greater. This would result in some projects
being slightly above the GMCP density (by a .5 unit or less) and some being slightly below. The
proposal 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.
Staff is also recommending that some of the existing project “characteristics” listed in Policy 43 be
amended to be consistent with State density bonus law and existing General Plan language.
Specifically, existing “characteristic” number “1” is proposed to be deleted and replaced with two
separate characteristics that pertain to projects requesting a density bonus and projects that include
affordable housing. Also, existing “characteristic” number “6” is proposed to be reworded to be
consistent with existing General Plan language, which pertains to sites within the RL and RLM land
PAGE 2 OF AGENDA BILL NO. 18,097
use designations where the base zone of the site would allow a slightly higher density than would be
allowed by the RL or RLM designations.
ENVIRONMENTAL:
The proposed amendment to Policy 43 is 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.” The policy
amendment does not change any development standard or policy that could result in an
environmental impact. Adding a provision to grant a fractional unit from the excess dwelling unit
bank does not increase or change the total number of units that can be built in the city. A Notice of
Exemption will be filed.
FISCAL IMPACT:
The only anticipated fiscal impact would be from staff time required to implement the policy
amendment.
EXHIBITS:
1. City Council Resolution No. 2005-132
2. Strike-out/Underline Version of City Council Policy 43 Amendment.
DEPARTMENT CONTACT: Jennifer Coon, (760) 602-4637, jcoon@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING REVISIONS TO CITY
COUNCIL POLICY NO. 43, REGARDING THE LIST OF
“CHARACTERISTICS” THAT WOULD QUALIFY A PROJECT
FOR A DWELLING UNIT ALLOCATION FROM THE EXCESS
DWELLING UNIT BANK OF THE GROWTH MANAGEMENT
The City Council of the City of Carlsbad, California, does here,y resolve as
follows:
WHEREAS, City Council Policy No. 43 currently contains the Council’s policy
regarding the criteria for allocation of “excess dwelling units” from the Growth Management
Plan’s Excess Dwelling Unit Bank; and.
WHEREAS, the City Council reviewed and considered staffs recommendation as
presented in the associated Agenda Bill report.
WHEREAS, the City Council has determined to revise Policy No. 43 to amend
the characteristics a project shall possess in order to qualify for an allocation of excess units;
and
NOW, THEREFORE, the City Council of the City of Carlsbad, California does
hereby resolve as follows:
1.
2.
attached hereto.
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That the above recitations are true and correct.
That City Council Policy No. 43 is hereby revised as shown on Exhibit A,
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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
I\, \
CLAUDE A. LkWIS,'Mayor
MATT HALL, Mayor Pro-Tem
ATTEST:
LORRAINE M. W
(SEAL)
-2- 4
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Page 1 of 2
General Subject:
Specific Subject:
Proposition E “Excess Dwelling”
Unit Bank
Established Policy for Number
And Allocation of Proposition E
“Excess” Dwelling Units
Policy No. 43
Date Issued 4/26/05
Effective Date 41 26/05
Cancellation Date
Supersedes No. 43. 12/17/02
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
PURPOSE:
To establish the City Council’s policy regarding the number and the criteria for allocation of “excess” dwelling
units which have become available as a result of residential projects being approved and constructed with less
dwelling units than would have been allowed by the density control points of the Growth Management Plan
approved by voters on November 4, 1986, as Proposition E.
EXCESS DWELLING UNITS
Dwelling units that become “excess” shall be added to the then-existing citywide balance (excess dwelling unit
bank). Excess units may be allocated to projects located in any quadrant so long as the number of residential
units built in each quadrant does not violate the dwelling unit limitations established by Proposition E.
STATEMENT OF POLICY
Although it is not mandatory to use the excess dwelling units, the City Council authorizes consideration of
allowing the excess units to be allocated to future “qualifying,” residential projects. In order to “qualify” for an
allocation of excess units, a project shall possess one or more of the following characteristics:
1.
2.
3. Senior citizen housing.
4.
5.
A project that includes a request for a density bonus made pursuant to and in compliance with state
density bonus law.
Housing units made affordable to lower or moderate income households.
Housing located in the Village Redevelopment Area or the South Carlsbad Coastal Redevelopment
Area.
Transit-oriented, “smart growth” development projects where increased residential density is being
placed in close proximity to major transit facilities, employment opportunities and commercial support
services.
Projects approved for a land use change from non-residential to residential or projects containing a mix
of residential and non-residential.
The property has a General Plan designation of Residential Low Density (RL) or Residential Low-
Medium Density (RLM) and the base zone of the property would permit a slightly higher yield of units
than would be allowed by the RL or RLM General Plan designation; provided, the proposed density
does not exceed the maximum density of the RL or RLM density range by more than an additional 25
percent.
6.
7.
5
CITY OF CARLSBAD
Date
February 21
April 22, 1997
December 17’ 2o02
COUNCIL POLICY STATEMENT
Summary
Established a formal policy for the allocation of “excess” dwelling units under the
dwelling unit limitations of Proposition E.
Refined the priority list of projects that qualify for an excess dwelling unit allocation.
Established the number of available excess dwelling units at a balance of 2800 units
(this was a reduction to the number of units in excess dwelling unit bank).
Eliminated the individual city-quadrant dwelling unit bank balances, and instead
established a citywide excess dwelling unit bank.
Revised the list of projects that qualify for an excess dwelling unit allocation, including
the elimination of the “priority” system.
Modified list of projects that qualify for an excess dwelling unit allocation, including
the addition of a provision to allow projects to round up above the growth
management control point by a fraction of a unit.
General Subject:
Specific Subject:
Proposition E “Excess Dwelling”
Unit Bank
Established Policy for Number
And Allocation of Proposition E
“Excess” Dwelling Units
Exhibit “A
Page 2 of 2
Policy No. 43
Date Issued 4/ 26 105
Effective Date 4/26/05
Cancel I at i on Date
Supersedes No. 43. 12/17/02
~
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
8. The growth management control point (GMCP) density for the property results in a unit yield that
includes a fractional unit of .5 or greater. In this circumstance, a fraction of a unit may be granted in
order to achieve, but not to exceed, the next whole unit; provided, the maximum density of the
applicable General Plan land use designation is not exceeded.
The number of excess units allocated to a particular “qualifying” project shall be at the sole discretion of the
City Council, Planning Commission or Planning Director as appropriate and shall be based on the importance
of the characteristic possessed by the projects or, where a project possesses multiple characteristics, the
number and importance of the characteristics. In approving a request for allocation of excess dwelling units,
the City Council shall consider the location of the requesting project and the compatibility of increased density
with existing adjacent residential neighborhoods in accordance with the applicable principles of the General
Plan.
HISTORY:
Action
Originally
Adopted
Amended
Am ended
Amended
6
COUNCIL POLICY STATEMENT
General Subject:
Specific Subject:
Proposition E “Excess Dwelling”
Unit Bank
Established Policy for Number
And Allocation of Proposition E
“Excess” Dwelling Units
I Policy NO. 43 I
Date Issued
Effective Date
Cancellation Date
Supersedes No.
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
PURPOSE:
To establish the City Council’s policy regarding the number and the criteria for allocation of “excess” dwelling
units which have become available as a result of residential projects being approved and constructed with less
dwelling units than would have been allowed by the density control points of the Growth Management Plan
approved by voters on November 4, 1986, as Proposition E.
En AC WE’ I 1!464“S EXCESS DWELLING UNITS
.. Cllln\rrlnnDwelling - units that become “excess”
shall be added to the then-existing citywide balance [excess dwelling unit bank). Excess units may be
allocated to projects located in any quadrant so long as the number of residential units built in each quadrant
does not violate the dwelling unit limitations established by Proposition E.
STATEMENT OF POLICY
Although it is not mandatory to use the excess dwelling units, the City Council authorizes consideration of allowing the excess units to be allocated to future “qualifying,” residential projects. In order to “qualify” for an
allocation of excess units, a project shall possess one or more of the following characteristics:
1
I.
2. 23. Senior citizen housing. 35.
45.
A proiect that includes a request for a density bonus made pursuant to and in compliance with
state densitv bonus law. Housing units made affordable to lower or moderate income households.
Housing located in the Village Redevelopment Area or the South Carlsbad Coastal Redevelopment
Area. Transit-oriented, “smart growth” development projects where increased residential density is being
placed in close proximity to major transit facilities, employment opportunities and commercial support
services.
Projects approved for a land use change from non-residential to residential or projects containing a mix
of residential and non-residential. 5s.
ID I\ {The .. property has a General Plan desiqnation 61. -
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Page 2 of 2
General Subject:
Specific Subject:
Proposition E “Excess Dwelling”
Unit Bank
Established Policy for Number
And Allocation of Proposition E
“Excess” Dwelling Units
Amended
Amended
Policy No. 43
Date Issued
Effective Date
Cancellation Date
Supersedes No.
April 22, 1997
December 17,2002
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
of Residential Low Density (RL) or Residential Low-Medium Density (RLM) and the base zone of
the property akws would permit a slightly higher yield of units than would be allowed by the-gmvtb
RL or RLM General Plan designation; provided, the proposed density does not 3 exceed the maximum
density a-Hh&ep of the RL or RLM density range 1 ’ by more than an
additional 25 percent.
The growth management control point (GMCP) density for the property results in a unit yield
that includes a fractional unit of .5 or greater. In this circumstance, a fraction of a unit may be
granted in order to achieve, but not to exceed, the next whole unit; provided, the maximum
density of the applicable General Plan land use designation is not exceeded.
8.
The number of excess units allocated to a particular “qualifying” project shall be at the sole discretion of the
City Council, Planning Commission or Planning Director as appropriate and shall be based on the importance
of the characteristic possessed by the projects or, where a project possesses multiple characteristics, the
number and importance of the characteristics. In approving a request for allocation of excess dwelling units,
the City Council shall consider the location of the requesting project and the compatibility of increased density
with existing adjacent residential neighborhoods in accordance with the applicable principles of the General
Plan.
HISTORY:
Action I Date
Februarv 2,1990 Adopted
Summary
Established a formal policy for the allocation of “excess” dwelling units under
the dwelling unit limitations of Proposition E.
Refined the prioritv list of projects that qualifv for an excess dwelling unit
allocation.
Established the number of available excess dwellinq units at a balance of
2800 units (this was a reduction to the number of units in excess dwelling unit
bank).
Eliminated the individual citv-auadrant dwelling unit bank balances, and
instead established a citvwide excess dwellinq unit bank.
Revised the list of projects that aualifv for an excess dwelling unit allocation,
including the elimination of the “prioritv” svstem.
Modified list of projects that aualifv for an excess dwelling unit allocation,
including the addition of a provision to allow proiects to round up above the
growth management control point bv a fraction of a unit.
0