HomeMy WebLinkAbout2008-05-06; City Council; 19429; Density bonus amendment modificationsCITY OF CARLSBAD - AGENDA BILL 12
19,429
MTG. 05/06/08
DEPT. PLN
CALIFORNIA COASTAL COMMISSION
SUGGESTED MODIFICATIONS TO
DENSITY BONUS AMENDMENT
ZCA 04-10A/LCPA 04-1 7A
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
INTRODUCE Ordinance No.
04-10A/LCPA 04-17A),
NS-889 , APPROVING an amendment to the Zoning Ordinance (ZCA
thereby ACCEPTING AND ADMINISTERING the California Coastal
Commission's suggested modifications to LCPA 04-17.
ITEM EXPLANATION:
The purpose of this agenda bill is to request that the City Council accept the Coastal Commission's
suggested modifications to Local Coastal Program Amendment (LCPA) 04-17 (Density Bonus
Amendment), and administer the suggested modifications by approving an amendment to the Zoning
Ordinance (ZCA 04-10A/LCPA 04-17A). On March 6, 2008, the Coastal Commission approved LCPA
04-17, with conditions of approval that require the City to modify their previous approval of LCPA 04-17.
Background
On March 21, 2006, the City Council approved ZCA 04-10/LCPA 04-17 - Density Bonus Amendment
(Ordinance No. NS-794 and Resolution No. 2006-065). ZCA 04-10/LCPA 04-17 consists of an
amendment to the Density Bonus and Inclusionary Housing regulations in the Zoning Ordinance (LCPA
04-17 is necessary because the Zoning Ordinance is the implementing ordinance of the LCP). The
purpose of the amendments is to ensure consistency between the City's density bonus regulations and
State density bonus law.
The City Council's approval of ZCA 04-10/LCPA 04-17 does not become effective in the coastal zone
until the Coastal Commission's approval of LCPA 04-17 is effective. As mentioned above, the Coastal
Commission approved LCPA 04-17 on March 6, 2008; however, that approval will not become effective
until the City Council accepts and administers the suggested modifications.
Coastal Commission Suggested Modifications
The Coastal Commission's suggested modifications for LCPA 04-17 (which necessitates a modification
to ZCA 04-10, because the modifications amend the Zoning Ordinance) are summarized as follows:
1. Amend Chapter 21.85 (Inclusionary Housing regulations) to require that any "offset" granted
pursuant to the Inclusionary Housing ordinance be consistent with the City's Local Coastal
Program Land Use Plan(s);
2. Amend Chapter 21.86 (Density Bonus regulations) to require a finding of consistency with the LCP
land use plan(s) for approval of a density bonus and any requested incentive or modification; and
DEPARTMENT CONTACT: Jennifer Jesser, 760-602-4637, iiess(o)ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
c/D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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3. Amend Chapter 21.86 (Density Bonus regulations) to clarify that lands identified as
"undevelopable" in the General Plan, LCP, and Zoning Ordinance are not included when
calculating density.
Staff is recommending approval of the Coastal Commission's suggested modifications (Exhibit 2 shows
the recommended modifications to ZCA 04-10/LCPA 04-17 - Density Bonus Amendment).
ZCA 04-10 and LCPA 04-17 will not become effective in the coastal zone until:
1. The City Council accepts and administers the Coastal Commission's suggested modifications, and
2. The City's approval of the modifications is reported to the Coastal Commission.
Approval of ZCA 04-1OA will also amend the Inclusionary Housing and Density Bonus regulations that
are currently effective outside the coastal zone, which will ensure that the regulations applicable citywide
(inside or outside the coastal zone) are consistent.
FISCAL IMPACT:
The only anticipated fiscal impact would be from staff time required to complete the processing of the
Coastal Commission's suggested modifications.
ENVIRONMENTAL IMPACT:
On March 21, 2006, the City Council adopted a Negative Declaration for ZCA 04-10 and LCPA 04-17 -
Density Bonus Amendment (Resolution No. 2006-065). The Coastal Commission's suggested
modifications do not create any new significant environmental effects that were not previously identified.
No additional environmental review is required.
EXHIBITS:
1. City Council Ordinance No. NS-889
2. Coastal Commission suggested modifications to Density Bonus Amendment - ZCA 04-1 OA/
LCPA 04-17A.
3. Addendum, dated February 25, 2008, and report to the Coastal Commission (prepared by
Coastal Commission staff), dated February 14, 2008.
1 ORDINANCE NO. NS-889
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
* CARLSBAD, CALIFORNIA, AMENDING SECTIONS OF
CHAPTERS 21.85 AND 21.86 OF THE MUNICIPAL CODE,
4 THEREBY ACCEPTING AND ADMINISTERING THE
CALIFORNIA COASTAL COMMISSION'S SUGGESTED
5 MODIFICATIONS TO LCPA 04-17 (DENSITY BONUS
AMENDMENT).
6 CASE NAME: DENSITY BONUS AMENDMENT SUGGESTED
MODIFICATIONS
7 CASE NO.: ZCA 04-1OA/LCPA 04-17A __
8 WHEREAS, the Planning Commission did on February 1, 2006, hold a duly
9 noticed public hearing as prescribed by law to consider Zone Code Amendment (ZCA 04-10)
and Local Coastal Program Amendment (LCPA 04-17), and adopted Planning Commission
Resolutions No. 5879 and 5880 recommending to the City Council that ZCA 04-10 and LCPA
12 04-17 be approved; and
13
WHEREAS, the City Council did on March 21, 2006, hold a duly noticed public
14
hearing as prescribed by law to consider said ZCA 04-10 and LCPA 04-17, and introduced
15
Ordinance No. NS-794 to approve ZCA 04-10, and adopted Resolution No. 2006-065,
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approving LCPA 04-17, the effective date of which was subject to Coastal Commission approval
of said LCPA; and
15
19 WHEREAS, the City Council did on March 28, 2006, adopt Ordinance No. NS-
2Q 794, approving ZCA 04-10, the effective date of which within the coastal zone was subject to
21 Coastal Commission approval of LCPA 04-17; and
22 WHEREAS, on March 6, 2008, the California Coastal Commission approved
23 LCPA 04-17 with suggested modifications; and
i
24 WHEREAS, accepting and administering the California Coastal Commission's
25 suggested modifications, as set forth in this ordinance, is necessary to comply with the
2" California Coastal Act and California Administrative Code; and
27 WHEREAS, the California Coastal Commission suggested modifications are
28 clarifications of the City's proposed zone amendments rather than further amendments as
described in Government Code Section 65833 and do therefore not require further review by the
7 City's Planning Commission.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
4
follows:
5
SECTION 1: That Section 21.85.100 of the Carlsbad Municipal Code, as
6
previously approved pursuant to Ordinance No. NS-794, is modified to read as follows:
7
21.85.100 Offsets to the cost of affordable housing development.
o
A. The city shall consider making offsets available to developers when necessary to
" enable residential projects to provide a preferable product type or affordability in excess of the
. 0 requirements of this chapter.
B. Offsets will be offered by the city to the extent that resources and programs for
I j this purpose are available to the city and approved for such use by the city council, and to the
extent that the residential development, with the use of offsets, assists in achieving the city's
12 housing goals. To the degree that the city makes available programs to provide offsets,
developers may make application for such programs.
13 C. Evaluation of requests for offsets shall be based on the effectiveness of the
offsets in achieving a preferable product type and/or affordability objectives as set forth within
14 the housing element; the capability of the development team; the reasonableness of
development costs and justification of subsidy needs; and the extent to which other resources
15 are used to leverage the requested offsets.
D. Nothing in this chapter establishes, directly or through implication, a right to
16 receive any offsets from the city or any other party or agency to enable the developer to meet
the obligations established by this chapter.
" E. Any offsets approved by the city council and the housing affordability to be
achieved by use of those offsets shall be set out within the affordable housing agreement
pursuant to Section 21.85.140 or, at the city's discretion in a subsequent document.
jo F. Developers are encouraged to utilize local, state or federal assistance, when
available, to meet the affordability standards set forth in Sections 21.85.030 and 21.85.040.
20 G. For development located in the coastal zone, any offset provided pursuant to this
section shall be consistent with the applicable provisions of the certified Carlsbad Local Coastal
21 Program Land Use Plan(s), with the exception of density.
22 SECTION 2: That Section 21.86.020.A.17 of the Carlsbad Municipal Code, as
23 previously approved pursuant to Ordinance No. NS-794, is modified to read as follows:
24 17. "Maximum allowable residential density" means the maximum density of the
density range allowed by the residential general plan designation(s) applicable to a project site.
25 All environmentally constrained lands identified as undevelopable in the general plan, local
coastal program, and zoning ordinance shall be excluded from the total area of the project site
26 when calculating maximum density.
27 SECTION 3: That Section 21.86.120 of the Carlsbad Municipal Code, as
28 previously approved pursuant to Ordinance No. NS-794, is modified to read as follows:
21.86.120 Findings for approval.
-2-
1 A. When a project involves a request for a density bonus, incentive(s) or
2 concession(s), the following findings shall be made as part of the approval of the development
application(s) required for the project:
3 1 . The project is consistent with the provisions of this chapter.
2. The requested incentive(s) or concession(s) will result in identifiable, financially
4 sufficient, and actual cost reductions;
3. In cases where an applicant requests a waiver or reduction of development
5 standards, pursuant to section 21.86.060, the requested waiver or reduction of development
standard(s) is necessary to make the housing units economically feasible.
6 4. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of
development standards, if any, will not result in an adverse impact, as defined in paragraph (2)
7 of subdivision (d) of Section 65589.5 of the California Government Code, to the public health
and safety, the environment, or on any real property that is listed in the California Register of
8 Historical Resources; or, if the request will result in an adverse impact, then the request may be
approved if the following finding is made:
a. There is no feasible method to satisfactorily mitigate or avoid the specific adverse
10 impact.
5. In cases where an applicant requests to convert apartment units to
11 condominiums, the condominium conversion project shall not result in a reduction in the
affordable housing stock for lower-income groups, as of most recent inventory.
12 6. For development located in the coastal zone, the requested density bonus, and
any requested incentive(s), concessions(s), and/or waivers or reduction(s) of development
13 standards, are consistent with all applicable requirements of the certified Carlsbad Local
Coastal Program Land Use Plan(s), with the exception of density.
14
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
15
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
16
published at least once in a publication of general circulation the City of Carlsbad within fifteen
days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective
lo
until approved by the California Coastal Commission.)
20 "
21 //
22 //
23 //
24 //
25 //
26 „
27 //
28 //
II
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 6™ day of May 2008, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
4
Carlsbad on the day of 2008, by the following vote, to wit:
5
AYES:
6
NOES:
7
ABSENT:
8
ABSTAIN:
10
APPROVED AS TO FORM AND LEGALITY
12
13 RONALD R. BALL, City Attorney
14
15
CLAUDE A. LEWIS, Mayor
16
17 ATTEST:
18
19 LORRAINE M. WOOD, City Clerk
20 (SEAL)
21 "
22
23
24
25
26
27
28
-4- (f
EXHIBIT 2
COASTAL COMMISSION SUGGESTED MODIFICATIONS TO
DENSITY BONUS AMENDMENT - ZCA 04-10A/LCPA 04-17A
Ordinance No. NS-794 (approved by City Council on March 21, 2006) will not be effective in the
Coastal Zone until the City Council approves the Coastal Commission's suggested
modifications, as shown below.
The Coastal Commission's suggested modifications are shown with bold text.
• Section 21.85.100 (Inclusionary Housing, Offsets to the cost of affordable housing
development), as previously approved pursuant to Ordinance No. NS-794, is proposed
to be modified as follows:
21.85.100 Offsets to the cost of affordable housing development.
A. The city shall consider making offsets available to developers when necessary to
enable residential projects to provide a preferable product type or affordability in excess of the
requirements of this chapter.
B. Offsets will be offered by the city to the extent that resources and programs for
this purpose are available to the city and approved for such use by the city council, and to the
extent that the residential development, with the use of offsets, assists in achieving the city's
housing goals. To the degree that the city makes available programs to provide offsets,
developers may make application for such programs.
C. Evaluation of requests for offsets shall be based on the effectiveness of the
offsets in achieving a preferable product type and/or affordability objectives as set forth within
the housing element; the capability of the development team; the reasonableness of
development costs and justification of subsidy needs; and the extent to which other resources
are used to leverage the requested offsets.
D. Nothing in this chapter establishes, directly or through implication, a right to
receive any offsets from the city or any other party or agency to enable the developer to meet
the obligations established by this chapter.
E. Any offsets approved by the city council and the housing affordability to be
achieved by use of those offsets shall be set out within the affordable housing agreement
pursuant to Section 21.85.140 or, at the city's discretion in a subsequent document.
F. Furthermore. dDevelopers are encouraged to utilize local, state or federal
assistance, when available, to meet the affordability standards set forth in Sections 21.85.030
and 21.85.040.
G. For development located in the coastal zone, any offset provided pursuant
to this section shall be consistent with the applicable provisions of the certified Carlsbad
Local Coastal Program Land Use Plan(s). with the exception of density.
(Note: the Coastal Commission suggested the addition of subsection G, shown above; the
reformatting of this section is recommended by City staff).
"7
COASTAL COMMISSION SUGGESTED MODIFICATIONS TO DENSITY BONUS
AMENDMENT (ZCA 04-10/LCPA 04-17)
PAGE 2
• Section 21.86.020.A.17 (Density Bonus, definitions), as previously approved pursuant to
Ordinance No. NS-794, is proposed to be modified as follows:
17. "Maximum allowable residential density" means the maximum density of the
density range allowed by the residential general plan designation(s) applicable to a project site.
All environmentally constrained lands identified as undevelopable in the general plan,
local coastal program, and zoning ordinance shall be excluded from the total area of the
project site when calculating maximum density.
• Section 21.86.120 (Density Bonus, findings for approval), as previously approved
pursuant to Ordinance No. NS-794, is proposed to be modified as follows:
21.86.120 Findings for approval.
A. When a project involves a request for a density bonus, incentive(s) or
concession(s), the following findings shall be made as part of the approval of the development
application(s) required for the project:
1. The project is consistent with the provisions of this chapter.
2. The requested incentive(s) or concession(s) will result in identifiable, financially
sufficient, and actual cost reductions;
3. In cases where an applicant requests a waiver or reduction of development
standards, pursuant to section 21.86.060, the requested waiver or reduction of development
standard(s) is necessary to make the housing units economically feasible.
4. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of
development standards, if any, will not result in an adverse impact, as defined in paragraph (2)
of subdivision (d) of Section 65589.5 of the California Government Code, to the public health
and safety, the environment, or on any real property that is listed in the California Register of
Historical Resources; or, if the request will result in an adverse impact, then the request may be
approved if the following finding is made:
a. There is no feasible method to satisfactorily mitigate or avoid the specific adverse
impact.
5. In cases where an applicant requests to convert apartment units to
condominiums, the condominium conversion project shall not result in a reduction in the
affordable housing stock for lower-income groups, as of most recent inventory.
6. For development located in the coastal zone, the requested density bonus,
and any requested incentive(s). concessions(s). and/or waivers or reduction(s) of
development standards, are consistent with all applicable requirements of the certified
Carlsbad Local Coastal Program Land Use Plants), with the exception of density.
EXHIBIT 3
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
(619) 767-2370
Th6a
Addendum
February 25, 2008
To: Commissioners and Interested Persons
From: California Coastal Commission
San Diego Staff
Subject: . Addendum to Item Th 6a, (Carlsbad LCP Amendment No. 1-06D), for
the Commission Meeting of 3/6/08
After consultation with the City and staff counsel, staff recommends the following
changes be made to the above-referenced staff report. Additions are shown in underline
and omitted language is shown in strike through. City staff requested the deletion of
Suggested Modification #4 altogether because they feel it is inconsistent with the structure
of their ordinance, contradictory to other findings and they believe the City Attorney's
office would assure that adequate findings are adopted. In addition, with regard to
Suggested Modification #2, they requested a re-phrasing to avoid redundancy in their
findings.
After consultation with Commission staff counsel, staff has agreed with the City's
requested revisions with one clarification. In the re-drafting of Sug. Mod. #2, the
reference will be to "all" applicable requirements of the certified LCP. Please incorporate
the following changes and make corollary changes within the findings:
1. On Page 2 of the Staff Report, the second paragraph shall be revised as follows:
Therefore, Suggested Modification #1 provides that for development located in the coastal
zone, any offset provided pursuant to this section shall be consistent with the applicable
provisions of the certified Carlsbad Local Coastal Program Land Use Plan(s) (with the
exception of density). Similarly, Suggested Modification #2 provides that for
development located in the coastal zone, (a) the requested density bonus doos not oxcood
the density permitted under Government Code section 65915 and is consistent with all
applicable requirements of the certified Carlsbad Local Coastal Program Land Use
Plan(s), with tho exception of density, and (b) the and any requested incentive(s),
concession(s), and/or waiver(s) or reduction(s) of development standards are consistent
with all applicable requirements of the certified Carlsbad Local Coastal Program Land
Use Plan(s), with the exception of density. Suggested Modification #3 makes it clear that
all environmentally constrained lands identified as non-developable in the general plan,
local coastal program, and zoning ordinance shall be excluded from the total area of the
project site when calculating maximum density. A last concern is that the Coastal Act
Addendum to Carlsbad LCPA #1-06D
Page 2
provides that if the density sought by the applicant cannot feasibly be accommodated on
tho site in a manner that is in conformity with Chapter 3, the permit issuing authority may
rojoct such a roquost for a density bonus, etc. However, there is no language in the City's
ordinance to this effect. Therefore Suggested Modification #4 identifies tho necessary
findings to reject tho granting of an offset, incentive or concession to support a density
bonus if it can't bo found consistent with and adequate to implement the certified LUPs.
On Page 5, Suggested Modification #2, as originally drafted, shall be revised as follows:
6. For development located in the coastal zone, the requested density bonus, dees
not exceed the density permitted undor Government Code section 65915 and is consistent
with all requirements of the certified Carlsbad Local Coastal Programs Land Use Plan(s),
with tho exception of density, and (b) the any requested incentive(s), concession(s), and/or
waivers or reduction(s) of development standards, are consistent with all applicable
requirement(s) of the certified Carlsbad Local Coastal Program Land Use PlanfsX with the
exception of density.
On Page 5, Suggested Modification #4 shall be deleted in its entirety as follows:
A. For development located in the coastal zone, if tho requested density bonus is
not granted, tho following finding shall bo made and shall bo based on substantial
evidence in tho rocord: tho requested density bonus cannot feasibly bo
accommodated in a manner that is in conformity with the requirements of the
certified Carlsbad Local Coastal Program.
(G:\San Diego\Reports\LCPs\Carlsbad\CAR LCPA 1-06D Density Bonus addendura.doc)
10
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4421
(619) 767-2370
Thu6a
February 14, 2008
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: SHERILYN SARB, DEPUTY DIRECTOR SAN DIEGO COAST DISTRICT
DEBORAH LEE, DISTRICT MANAGER, SAN DIEGO COAST DISTRICT
LAURINDA OWENS, COASTAL PLANNER, SAN DIEGO COAST DISTRICT
SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR LCP
AMENDMENT 1-06D (Density Bonus Revisions) For Commission Meeting of
March 5-7, 2008
SYNOPSIS
The subject amendment request revises the certified Carlsbad Mello II LCP
Implementation Program. On July 14, 2006, the City of Carlsbad Local Coastal Program
Amendment No. 1-06 was submitted in the San Diego District office. The LCP
amendment includes four separate components (A, B, C and D). The entire LCP package
was filed as of May 22,2007 and a one-year extension was granted in August, 2007.
However, staff separated out this component for action. The subject component (D)
addresses changes to the Density Bonus regulations. It only involves an amendment to
the implementation plan. Components A and B address the Habitat Management Plan
(HMP) Implementation Plan and HMP Hardline Land Use Map and Zone Changes to
Open Space. Component C addresses Conditional Use Permit (CUP) code revisions and
was approved in January, 2006. Components A and B will be reviewed separately at a
later date.
SUMMARY OF AMENDMENT REQUEST
The subject amendment request proposes to (A) amend the term "density bonus program"
in the Glossary of the Land Use Element of the General Plan to ensure consistency with
the State definition of "density bonus"; (B) amend Chapter 21.86 (Density Bonus) to
ensure consistency with State law; and (C) amend Chapter 21.85 (Inclusionary Housing)
to ensure there is no conflict with the provisions of Chapter 21.86 (Density Bonus). The
purpose of the amendment is to ensure that the General Plan, Local Coastal Program and
Zoning Ordinance are consistent with recent amendments that were made to the State's
density bonus law (Government Code Section 65915) which became effective on 1/1/05
and 1/1/06.
II
City of Carlsbad LCPA 1-06D
Density Bonus
Page 2
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending first that the LCP amendment be rejected and then approval with
suggested modifications. The proposed revisions to the City's Inclusionary Housing and
Density Bonus regulations raise several issues. In particular, there is a general concern
that in the provision of inclusionary housing or the granting of density bonuses that
potential impacts to coastal resources could result (i.e., reduced parking requirements,
building setbacks, impacts on public views, etc.) as a result of the incentives and
concessions for housing developments that will be permitted. These could also result in
potential impacts to sensitive habitat by reductions in building setbacks or buffers
adjacent to environmentally sensitive habitat areas or encroachment into such areas.
More intense development permitted as a result of density bonuses could also adversely
affect public views (high rises) or public access (congestion or traffic). In particular,
such types of development should be concentrated in areas able to support it and in close
proximity to public transit to alleviate traffic congestion and impacts on public access.
Another concern was that it appeared the City struck language from the ordinance that
made it clear that environmentally constrained lands were to be deducted from the total
acreage of a subject property such that these lands were not included in the density
calculation because they are considered non-developable.
Therefore, Suggested Modification #1 provides that for development located in the
coastal zone, any offset provided pursuant to this section shall be consistent with the
applicable provisions of the certified Carlsbad Local Coastal Program Land Use Plan(s)
(with the exception of density). Similarly, Suggested Modification #2 provides that for
development located in the coastal zone, (a) the requested density bonus does not exceed
the density permitted under Government Code section 65915 and is consistent with all
requirements of the certified Carlsbad Local Coastal Program Land Use Plan(s), with the
exception of density, and (b) the requested incentive(s), concession(s), and/or waiver(s)
or reduction(s) of development standards are consistent with all requirements of the
certified Carlsbad Local Coastal Program Land Use Plan(s). Suggested Modification #3
makes it clear that all environmentally constrained lands identified as non-developable in
the general plan, local coastal program, and zoning ordinance shall be excluded from the
total area of the project site when calculating maximum density. A last concern is that
the Coastal Act provides that if the density sought by the applicant cannot feasibly be
accommodated on the site in a manner that is in conformity with Chapter 3, the permit
issuing authority may reject such a request for a density bonus, etc. However, there is no
language in the City's ordinance to this effect. Therefore Suggested Modification #4
identifies the necessary findings to reject the granting of an offset, incentive or
concession to support a density bonus if it can't be found consistent with and adequate to
implement the certified LUPs.
The appropriate resolutions and motions begin on Page 4. The suggested modifications
begin on Page 5. The findings for denial of the Implementation Plan Amendment, as
submitted, begin on Page 8. The findings for approval of the Implementation Plan
Amendment, if modified, begin on Page 13.
City of Carlsbad LCPA 1-06D
Density Bonus
Page3
BACKGROUND
The proposed revisions will implement several land use plan segments—all of which
were approved in the years between 1980 through 1988 pursuant to the original
certification of the LCP and various LCPAs. The proposed amendment will result in
several changes to the density bonus provisions, along with necessary revisions to the
inclusionary housing program.
ADDITIONAL INFORMATION
Further information on the LCP Amendment No. 1-06D (Density Bonus Revisions) may
be obtained from Laurinda R. Owens. Coastal Planner, at (619) 767-2370.
PART I. OVERVIEW
A. LCP HISTORY
Carlsbad Local Coastal Program (LCP)
The City's certified LCP contains six geographic segments as follows: Agua Hedionda,
Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos
Lagoon/Hunt Properties and Village Redevelopment. Pursuant to Sections 30170(f) and
30171 of the Public Resources Code, the Coastal Commission prepared and approved
two portions of the LCP, the Mello I and II segments in 1980 and 1981, respectively.
The West Batiquitos Lagoon/ Sammis Properties segment was certified in 1985. The
East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The Village
Redevelopment Area LCP was certified in 1988; the City has been issuing coastal
development permits there since that time. On October 21, 1997, the City assumed
permit jurisdiction and has been issuing coastal development permits for all remaining
segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment remains as
a deferred certification area until an implementation plan is certified. Portions of the
City's zoning code comprise the bulk of the City's certified implementation plan.
B. STANDARD OF REVIEW
Pursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning
ordinances or other implementing actions, as well as their amendments, on the grounds
that they do not conform with, or are inadequate to carry out, the provisions of the
certified land use plan. The Commission shall take action by a majority vote of the
Commissioners present.
C. PUBLIC PARTICIPATION
The City has held Planning Commission and City Council meetings with regard to the
subject amendment request. All of those local hearings were duly noticed to the public.
Notice of the subject amendment has been distributed to all known interested parties.
/3
City of Carlsbad LCPA 1-06D
Density Bonus
Page 4
PART II. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following
resolutions and findings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to each resolution.
I. MOTION: / move that the Commission reject the Implementation Program
Amendment for the City of Carlsbad Implementation Plan
Amendment #1-06D (Density Bonus Revisions), as submitted.
Staff Recommendation
Staff recommends a YES vote. Failure of this motion will result in certification of the
Implementation Program Amendment as submitted and the adoption of the following
resolution and findings. The motion passes only by an affirmative vote of a majority of
the Commissioners present.
Resolution I
The Commission hereby denies certification of the Implementation Plan amendment to
the City of Carlsbad's Local Coastal Program on the grounds that the amendment does
not conform with, and is not adequate to carry out, the provisions of the certified land use
plan. There are feasible alternatives or feasible mitigation measures available which
would substantially lessen any significant adverse impacts which the approval would
have on the environment.
II. MOTION II / move that the Commission approve the City of Carlsbad
Implementation Plan Amendment #1-06 D, if modified.
Staff Recommendation
Staff recommends a YES vote and the adoption of the following resolution and findings.
An affirmative vote by a majority of the Commissioners present is needed to pass the
motion.
Resolution II
The Commission hereby approves certification of the implementation amendment, as
approved with suggested modifications, to the City of Carlsbad's Local Coastal Program
on the grounds that the amendment does conform with, and is adequate to carry out, the
provisions of the certified land use plan. There are no feasible alternatives or feasible
mitigation measures available which would substantially lessen any significant adverse
impacts, which the approval would have on the environment.
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PART III. SUGGESTED MODIFICATIONS
1. Sub-section G. shall be added to Section 21.85.100 dnclusionary Ordinance) of the
Carlsbad Municipal Code and read as follows:
G. For development located in the coastal zone, any offset provided pursuant to this
section shall be consistent with the applicable provisions of the certified Carlsbad
Local Coastal Program Land Use Plan(s) (with the exception of density).
2. Sub-section A.6. shall be added to Section 21.86.120 (Density Bonus Ordinance) of
the Carlsbad Municipal Code and read as follows:
(L. For development located in the coastal zone, (a) the requested density bonus does
not exceed the density permitted under Government Code section 65915 and is
consistent with all requirements of the certified Carlsbad Local Coastal Program
Land Use Plan(s), with the exception of density, and (b) the requested incentive(s),
concession^), and/or waiver(s) or reduction(s) of development standards are
consistent with all requirements of the certified Carlsbad Local Coastal Program
Land Use Plan(s).
3. Section 21.86.020 (Definitions) shall be revised as follows:
{-1-8} 17. "Maximum allowable residential density yield" means the maximum density
of the density range allowed by the residential general plan designation(s) applicable to a
project site. All environmentally constrained lands identified as undevelopable in the
general plan, local coastal program, and zoning ordinance shall be excluded from the
total area of the project site when calculating maximum density, number of residential
units permitted on the project site, which number of units is calculated by multiplying the
net developable acreage of the project sito timos growth management control point(s) for
the project site's applicable residential general plan designation(s). Within the coastal
zone, all environmentally constrained lands identified pursuant to tho coastal zoning
ordinances and local coastal programs aro considered to bo non developable and shall be
deducted from the total number of areas of a subject property.
4. Section 21.86.130 (Required Findings) shall be added to the Density Bonus Ordinance
of the Carlsbad Municipal Code as follows:
A. For development located in the coastal zone, if the requested density bonus is not
granted, the following finding shall be made and shall be based on substantial
evidence in the record: the requested density bonus cannot feasibly be
accommodated in a manner that is in conformity with the requirements of the
certified Carlsbad Local Coastal Program.
15
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PART III. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD
IMPLEMENTATION PLAN AMENDMENT #1-06D. AS SUBMITTED
A. AMENDMENT DESCRIPTION
The primary purpose of the proposed amendment is to ensure that the existing Density
Bonus and Inclusionary Housing provisions in the City's certified LCP (zoning
ordinance) are revised so that they are consistent with recent changes to state law. In so
doing, changes will be made to two chapters in the zoning code: 1) Chapter 21.85
(Inclusionary Housing) and Chapter 21.86 (Residential Density Bonus and Incentives or
Concessions).
State density bonus law requires the City to grant a density bonus if a developer seeks
and agrees to provide a specified percentage of units for senior housing, or as affordable
units to lower, very low or moderate-income households. On January 1, 2005, an
amendment (SB 1818) to the State's density bonus law (Government Code Section
65915) became effective. Following the enactment of SB 1818, a second amendment
was introduced (SB 435) to further clarify the provisions of State density bonus law. SB
435 was approved and became effective on January 1, 2006.
The changes in the density bonus law, established by SB 1818 and SB 435, require a
substantial amendment to the City's density bonus regulations to ensure consistency with
State law. The primary changes in the State's density bonus law include: 1) a reduction
from 15% to 10% for the affordable housing required in order to quality for a density
bonus, 2) new provisions for granting additional density bonuses up to a specified
maximum (35%), and 3) new criteria that define the number of concessions a project is
entitled to based on the amount of affordable housing provided.
Another change to the city's regulations that has resulted from the changes to State
density bonus law is in how the density bonus regulations relate to the City's inclusionary
housing requirements. Based on the analysis of SB 435, prepared by State Housing and
Community Development dated 8/18/05, City staff is recommending that if an applicant
seeks a density bonus per state law, then the affordable dwelling units provided to qualify
for a state density bonus will not count toward satisfying the City's inclusionary housing
requirements. In other words, in order to qualify for a state density bonus, the applicant
will be required to provide affordable dwelling units in addition to those required by the
inclusionary housing requirements.
BACKGROUND
In 1993, the Inclusionary Housing Ordinance became effective to implement the City of
Carlsbad's Inclusionary Housing Program and the ordinance was incorporated into the
LCP through Local Coastal Program Amendment (LCPA) No. 1-96G (August, 1996).
The City's Inclusionary Housing Program requires that 15 percent of all residential units
developed within Carlsbad be affordable to lower income households, specifically to
those households with gross household incomes equal to or less than 80% of the San
Diego County Area Median Income (AMI).
City of Carlsbad LCPA 1-06D
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In implementing the Inclusionary Housing Ordinance, the City found the proposed
revisions would facilitate the practical implementation of the Inclusionary Housing
Program. The City also found the proposed revisions to the Inclusionary Housing
Ordinance would assist in the City's effort to qualify for self-certification of its housing
program since the revisions parallel self-certification policies. Finally, the City found
some alternatives for providing affordable housing, such as second dwelling units, have
been the subject of much debate and required resolution through revisions to the
Inclusionary Housing Ordinance. Regarding consistency with the Local Coastal Program,
the City found the proposed revisions to inclusionary requirements are consistent with
and will not change the regulations that guide development and protect the coastal
environment.
In LCPA #1-96G, the Commission approved new standards addressing affordable housing in all
six certified land use plan segments, and modified several associated portions of the certified
Implementation Program as well. The LUP amendments enabled the City to grant density
increases above the maximum allowable under the certified LCP, along with other types of
incentives. Two entirely new ordinances to implement its affordable housing program citywide
were proposed to be added to the certified LCP through LCPA #1-96G.
Chapter 21.85 (Inclusionary Housing) was proposed to ensure that master and specific planned
communities and residential subdivisions provide a range of housing opportunities for all
economic segments of the population by requiring that 15 percent of all approved residential units
be restricted to and affordable to lower-income households. Chapter 21.85 as certified in 1996
did not itself authorize density increases or regulatory concessions to encourage the development
of affordable housing, though it did provide for financial assistance and incentives in the form of
modifications to the City's inclusionary housing requirements. It provided that density bonuses
and other regulatory concessions would be available to eligible projects pursuant to Chapter 21.86
of the Zoning Code regarding the City's starutorily required density bonus program.
Chapter 21.86 (Residential Density Bonus or In-Lieu Incentives) was proposed to promote
housing in the City that is affordable to its low income and senior citizens and to provide density
bonuses and other incentives to developers in order to implement the goals of the City's Housing
Element and Sections 65915-65917 of the California Government Code. It provided the
mechanism for providing density bonuses, regulatory concessions or financial assistance to
eligible affordable housing developments pursuant to the requirements of Government Code
Sections 65915-65918. The ordinance, as proposed, did not provide for a project's consistency
with the certified LCP.
The Commission adopted suggested modifications addressing several aspects of the
overall amendment, to further define and clarify the various mandates for affordable
housing programs, including senior housing, density bonuses, inclusionary housing and
second dwelling units, as they relate to Coastal Act concerns. The Commission found
that affordable housing projects that incorporate a density increase and incentives could
be found consistent with the policies of Chapter 3 of the Coastal Act provided they are
found consistent with all policies and ordinances of the LCP, with the exception of
density. The Commission found densities beyond the otherwise maximum allowable
density were acceptable because the other provisions of the certified LCP are sufficient to
City of Carlsbad LCPA 1-06D
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protect the coastal resources in Carlsbad. The City of Carlsbad adopted the
Commission's suggested modifications.
In November, 2000, the City's implementation plan was subsequently amended (LCPA
#1-2000B/C) to authorize the City to provide discretionary "offsets", when necessary to
enable residential projects to provide a "preferable product type or affordability" beyond
what is required by the Inclusionary Housing Ordinance. The LCPA was approved with
a suggested modification that required that any affordable housing project in the coastal
zone be consistent with all certified local coastal program provisions, with the exception
of density. The language clarified that any offsets granted in the coastal zone must also
be consistent with all LCP provisions with the exception of the base density. An
additional change in that LCPA amendment package was the definition of "basements" in
the municipal code.
B. FINDINGS FOR REJECTION
Chapter 21.85 Inclusionary Housing and Chapter 21.86 Residential Density
Bonus and Incentives or Concessions
a) Purpose and Intent of the Ordinance. The purpose of this provision
(Section 21.85.060 Inclusionary Housing) is to require that a minimum of fifteen
(15%) of all approved residential development be restricted to and affordable to
lower-income households; subject to adjustment based on the granting of an
inclusionary credit.
The purpose of this ordinance (Section 21.86 Residential Density Bonus and
Incentives or Concessions) is to address the public good in the city by addressing
housing which is appropriate for the needs of and affordable for all people who
reside within the city. Among other needs, the City of Carlsbad needs housing
that is affordable to lower-income households and senior citizens. Therefore, it is
in the public interest for the city to promote the construction of such additional
housing through the exercise of its powers and the utilization of its resources. It
is the purpose of this chapter to provide a means for granting density bonuses and
incentives or concessions to developers for the production of housing affordable
to lower and moderate-income households and senior citizens. It is also the
purpose of this chapter to implement the goals and objectives of the housing
element of the city's general plan. In addition, there are specific findings that
nothing in this chapter shall be construed to supersede or in any way alter or
lessen the effect or application of the California Coastal Act.
b) Major Provisions of the Ordinance. The major provisions of Chapter 21.86
addressing inclusionary housing include the details of approving an inclusionary credit
which include, in part, affordable housing standards, calculating the required number of
inclusionary units, alternatives to construction of inclusionary units, in-lieu fees,
collection of fees, expiration of affordability tenure, enforcement, etc. The City's current
in-lieu fee is $4,515 per market-rate dwelling unit.
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The proposed amendment revises the existing inclusionary housing provisions by
changing the reference to granting of certain incentives to "granting of an inclusionary
credit" in the purpose and intent of the ordinance. In addition, the terms "incentives or
concessions" shall have the same meaning as defined in the ordinance. Other changes
are proposed which include lowering the percentage for extremely low-income
households. Pursuant to subsection (H), extremely low-income households means those
households whose gross income is equal to or less than 30% of the median income for
San Diego County as determined by the U.S. Department of Housing and Urban
Development (HUD). Prior to changes in state law, this requirement was 35%. Other
changes are also proposed. For example, all references to the term "incentive credit
adjustment" will be changed to "inclusionary credit adjustment". Another important
change is that language is being added to this section of the ordinance such that if an
applicant seeks to construct affordable housing to qualify for a density bonus in
accordance with the provisions of this chapter (Residential Density Bonus), those
affordable dwelling units that qualify for a residential development for a density bonus
are in addition to, and do not count toward satisfying, the inclusionary housing
requirements of this chapter.
The major provisions of Chapter 21.86 addressing Residential Density Bonus and
Incentives or Concessions include the definitions related to density bonuses and
incentives and in particular, the terminology for affordable housing and various income
ranges that are described in the ordinance. Other provisions of the ordinance include the
details of the inclusionary housing regulations. Specifically, the regulations for new
residential construction, including the minimum number of units that need to be restricted
as affordable, etc., are stated.
The proposed amendment substantially revises the existing ordinance by making it
consistent with State Law. Specifically, the definitions have been expanded. There is
now a new definition for "extremely low-income", "rental" and "for-sale units" when
previously the lowest income range was described as "very low-income". One of the
changes is that previously a housing development was defined as a new residential
development that consisted of a new residential development or conversion of existing
residential buildings of five or more units. The definition has been expanded to allow
more types of options available for developers to create affordable housing. For
example, as revised, the ordinance now includes as options for new residential
construction the following: a subdivision or common interest development consisting of
5 or more residential units or unimproved lots; or a project to either substantially
rehabilitate and convert an existing commercial building to residential use, or
substantially rehabilitate an existing two-family or multiple-family dwelling structures(s)
where the result of rehabilitation would be a net increase in available residential units.
In addition, previously the ordinance required that density bonuses be granted for
housing developments of a minimum of five units, if an applicant agreed to construct the
following: A minimum of 20% of the total units are restricted and affordable to low-
income households; or that 10% of the total units are restricted and affordable to very
low-income households or that a minimum of 50% of the units are restricted to senior
residents. The revised ordinance now provides that a density bonus can be provided to a
housing development of at least five units where the applicant agrees to provide at least
City of Carlsbad LCPA 1-06D
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one of the following: a minimum of 10% of the units be restricted and affordable to
lower-income households, a minimum of 5% of the total units of the housing
development be restricted and affordable to very low-income households or that a senior
housing development as defined elsewhere in the California Civil Code or mobile home
park that limits residency based on age requirements for housing for older persons
pursuant to sections in the California Civil Code; or a minimum of 10% of the total units
in a common interest development be restricted and affordable to moderateTincome
households, provided that all units in the development are offered to the public for
purchase. The ordinance also contains a number of tables showing the percentage of
low-income units proposed and the density bonus to be granted, etc.
c) Adequacy of the Ordinance to Implement the Certified LUP Segments. The
standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions of the certified Land Use Plan(s)
(LUP) (i.e., Mello I, Mello II, Agua Hedionda, Village Redevelopment Area, East
Batiquitos Lagoon and West Batiquitos Lagoon LUPs).
Many policies of the respective LUPs for the City of Carlsbad contain policies that
address protection of public views, preservation of community character and the
provision of adequate parking. The proposed revisions to both the inclusionary housing
and density bonus regulations raise several issues. Specifically, offsets or concessions
granted to development as well as higher intensity of development typically approved
through density bonuses could result in impacts to sensitive habitat/habitat management
plan areas. In addition, higher intensity development should be concentrated in areas
able to support such development and should be tied to alternative transit to alleviate any
potential impacts on congestion and traffic and reduce impacts to public access. In the
case of the proposed amendment addressing the inclusionary housing chapter of the
City's Municipal Code, several minor changes are proposed to assure consistency with
the density bonus regulations.
With regard to the proposed changes to the chapter addressing density bonuses, several
incentives or concessions will be permitted to encourage developers to provide affordable
housing. Specifically, pursuant to a new proposed section of the zoning ordinance
(Section 21.86.050), several incentives and concessions for housing developments will be
permitted. According to the proposed language, the decision-making body may grant
certain incentives and concessions provided that they are required in order to provide for
the affordable housing. In addition, the granting of such incentives or concessions are
permitted even if they would have a specific adverse impact upon public health and
safety or the physical environment, or affect historical resources for which there is no
feasible method to satisfactorily mitigate or avoid adverse impacts. The ordinance
specifically indicates that the applicant shall receive the following number of incentives
or concessions:
1. A reduction in site development standards or a modification of zoning code or
architectural design requirements (excluding State Building Standards), that
results in identifiable, financially sufficient, and actual cost reductions. A
reduction/modification to standards or requirements may include, but is not
City of Carlsbad LCPA 1-06D
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limited to, a reduction in minimum lot size, setback requirements, and/or in the
ratio of vehicular parking spaces that would otherwise be required.
2. Approval of mixed use zoning in conjunction with the housing development if i)
commercial, office, industrial, or other land uses will reduce the cost of the
housing development; and ii) the commercial, office, industrial, or other land uses
are compatible with the housing development and the existing or planned future
development in the area where the proposed project will be located;
3. Other regulatory incentives or concessions that result in identifiable, financially
sufficient, and actual cost reductions.
Section 21.86.060 Waiver or reduction of development standards
A. In addition to the incentives or concessions permitted by Section 21.86.050,
an applicant may seek a waiver or reduction of development standards that
will have the effect of precluding the construction of a housing development
meeting the criteria of Section 21.86.040.A at the densities or with the
incentives or concessions permitted by this Chapter.
1. The applicant shall show that the requested waiver or reduction of
development standards is necessary to make the housing units
economically feasible.
2. The applicant shall provide evidence that the development
standards(s) requested to be waived or reduced will have the effect
of precluding the construction of a housing development at the
densities or with the incentives or concessions permitted by this
Chapter; and
B. The decision-making body shall grant the requested waiver or reduction of
development standards, unless, based upon substantial evidence, any of
the following findings are made in writing:
1. The waiver or reduction of development standards is not necessary
to make the housing units economically feasible.
2. The development standards requested to be waived or reduced will
not have the effect of precluding the construction of a housing
development at the densities or with the incentives or concessions
permitted by this Chapter.
3. The requested waiver or reduction of development standards
would have a specific adverse impact upon public health and
safety or the physical environment or on any real property that is
listed in the California Register of Historical Resources, and for
which there is no feasible method to satisfactorily mitigate or
avoid the specific adverse impact.
The proposed revisions to the inclusionary housing and density bonus provisions of the
City's certified LCP raise a few concerns. The first concern with regard to these
revisions is that the granting of a density bonus above the density permitted in the zoning
ordinance could, for example, adversely affect coastal resources by allowing a
cPI
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development that could impact public views (high rises), or permitting a development
that could adversely affect public access (congestion or traffic due to a higher intensity
type of project). In addition, the proposed offsets or concessions that may be granted to
encourage affordable housing could also result in adverse impacts to coastal resources.
For example, if offsets, concessions or deviations were granted to new development there
is the possibility that development could encroachment onto environmentally sensitive
habitat areas (i.e., wetlands) or result in reduced buffers next to such habitat areas. If
offsets were provided to the required height limit, coastal views may be impacted. If
offsets were granted for a reduction in parking, potential impacts to public access could
occur. Therefore, absent language that specifically states that the granting of density
bonuses, as well as offsets or concessions, to encourage affordable housing, shall be
consistent with the respective Land Use Plans, the LCP amendment cannot be found
consistent with, or adequate to carry out the policies of the respective land use plans in
the certified Carlsbad LCP.
A second concern raised is that sub-section 18 of Section 21.86.010 of the density bonus
regulations has been struck. This section of the City's Municipal Code basically stated
that within the coastal zone, all environmentally constrained lands identified pursuant to
the coastal zoning ordinances and local coastal programs are considered to be non-
developable and shall be deducted from the total acreage of a property when calculating
density. The purpose of this language is to assure that these lands are not calculated in
the density requirements because they are considered non-developable. Absent language
that makes this clear, the LCP amendment cannot be found consistent with, or adequate
to implement the policies of the respective land use plans in the certified Carlsbad LCP.
Another group of concerns are with regard to inclusionary housing credits adjustments,
how the money on the for-sale programs gets reinvested, and the terms of affordability in
the granting of density bonuses. With regard to the first issue, there is a feature of the
City's inclusionary housing program that allows developers to received additional (more
than one unit) credit for each of the affordable units provided, thereby reducing the total
inclusionary housing requirement to less than 15% of all the residential units approved.
A schedule is also provided illustrating how the credit can be earned. In response to a
staff inquiry of how this credit works or examples of how it has been used, the City has
indicated that the credit adjustment is based on a credit schedule which permits
developers to reduce their total inclusionary housing obligation to less than 15% if the
developers provide a more desirable product or otherwise make a proposal which goes
above and beyond the intent of the ordinance in terms of product type or affordability of
those units. However, the City has only given credit to one project so far; the project
received a two-unit credit. The inclusionary requirement for the project was 12 units
which were affordable to low-income households, but, the requirement was reduced to 10
affordable units because the developer agreed to make those ten units affordable to very
low income households instead of low income. These adjustments seem appropriate for
the City which will be constantly re-evaluating its housing efforts.
With regard to the for-sale program, there is a concern that when units are developed,
exceptions may be granted such that the units are not restricted and protected to remain
affordable in perpetuity. However, the City has indicated that such monies get reinvested
and the City currently requires that for-sale units be resold to other low income
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households during the first 15 years of their affordability term. Based on documentation
in the City's submittal and regulations, rental units are restricted to a term of 55 years
which is reasonable; however, the for-sale units could be sold at any time and the
affordability provisions could be lost. This raises a concern that affordable housing
provided in conjunction with density exceptions and deviations in the coastal zone may
not be protected. City staff has indicated that they believe the proposed ordinance, as
submitted, provides for a reasonable and beneficial affordable housing program.
Specifically, the City has stated that currently for-sale units are required to be resold to
other low income households during the first 15 years of their affordability terms.
Because such units that have been constructed under this program are still in their initial
15-year terms for re-sale, the City does not have any information as to how these monies
or subsidies are reinvested. However, they did indicate that there are some older units
that do not have a 15-year requirement and which were sold at market rate. The funding
goes back into the Housing Trust Fund (HTF) to reinvest in affordable housing, both for-
sale and rental programs. The entire HTF is used as a source of funding for other
affordable developments and their homebuyer assistance programs. To date, the City has
spent about $27 million on affordable housing developments throughout the City. They
also have about 1,800 units that have been built and another 700 currently under
construction or in the planning process. Again, at this time, the City's efforts are
noteworthy, but long-term affordability of this housing should be reviewed over time.
PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD
IMPLEMENTATION PLAN AMENDMENT. IF MODIFIED
The proposed Inclusionary Housing and Density Bonus Revisions will continue to
maintain visual resources by assuring that the requested density bonus does not exceed
the density permitted under Government Code Section 65915 and is consistent with all
requirements of the City of Carlsbad's respective Land Use Plans other than density, and
that the requested incentive(s), concession(s), and/or waiver(s) or reduction(s) of
development standards are consistent with all requirements of the certified LUPs. As
such, proposed development will continue to be provided consistent with the goals and
policies of the certified LUPs. In addition, the proposed suggested modifications will
also assure that the density bonus revisions will not adversely affect visual resources. As
such, the proposed changes are consistent with, and adequate to carry out, the provisions
of the certified Carlsbad Local Coastal Program Land Use Plans.
With regard to consistency with policies in the LUP that address parking and coastal
access, many of the policies of the various Land Use Plans for the City of Carlsbad
contain similar recommendations and goals that state parking supplies need to be
improved. While the proposed offsets, etc., do allow for reductions in development
standards which may include a reduction in parking, etc., such offsets cannot be
permitted if they will result in impacts to coastal resources (i.e., adversely affect parking
in nearshore areas or usurp parking for beach visitors, etc.). Specifically, language has
been added that states that for development located in the coastal zone, the requested
density bonus does not exceed the density permitted under Government Code section
65915 and is consistent with all requirements of the City of Carlsbad's respective Land
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Use Plans other than density, and that the requested incentive(s), concession(s), and/or
waiver(s) or reduction(s) of development standards are consistent with all requirements
of the certified LUPs. In addition, in the granting of density bonuses, such development
should be located near transit centers to foster less dependence on automobiles which
will reduce traffic and congestion especially in light of the fact that such development
proposals permit development to be much more intense. Language that encourages the
siting of such development projects in close proximity to public transit and the trolley
lines, which are ideal locations for the concentration of development and construction of
affordable housing, is consistent with the public access policies of the City's certified
LUP. The City's ordinance specifically states that inclusionary units should be located on
sites that are in proximity to or will provide access to employment opportunities, urban
services, or major roads or other transportation and commuter rail facilities and that they
are compatible with adjacent land uses. Other language in the inclusionary housing
regulations also states that alternative transit is considered as a basis for alternative
options for providing on-site inclusionary housing. In other words, an offsite option
might be approved if, among other measures, it provides location advantage such as
proximity to jobs, schools, transportation and services, etc. Therefore, the City has
adequately addressed this concern. As such, adequate parking will continue to be
provided consistent with the goals and policies of the certified LUPs.
The proposed density bonus revisions will not result in any adverse impacts to coastal
resources. For example, through the granting of offsets, deviations or concessions, no
reductions in setbacks will be permitted that would result in encroachment into
environmentally sensitive habitat areas or reductions in buffers, for example, adjacent to
wetlands, etc.
In addition, to address the concern raised regarding the proposed removal of language
from the density bonus regulations that struck language stating that in the coastal zone
environmentally constrained lands are considered non-developable and are deducted
from the total number of acres of a property, the City has proposed alternative language.
Specifically, the City indicated that the way the code language was currently written,
density is calculated the same inside and outside of the Coastal Zone (CZ). By stating
that "in the Coastal Zone" environmentally constrained lands identified in the zoning
ordinance and LCP are not included, it implies that when not in the CZ, those lands are
included. The City has suggested a revision to clarify that the density is calculated the
same inside the CZ as well as outside of the CZ. With the suggested revision, this
language is found adequate to implement the certified LUPs.
In addition, if the City is not able to grant a density bonus because it cannot be feasibly
accommodated without violating LUP requirements other than density, a suggested
modification has been added to make the requisite findings. The City will need to make
a finding that states, based on the substantial evidence in the record, the requested density
bonus cannot feasibly be accommodated in a manner that is in conformance with the
requirements of the respective certified land use plans other than density. This is largely
proposed for the City's benefit. With such language, the proposed density bonus
revisions are found consistent with, and adequate to implement, the certified LUPs.
City of Carlsbad LCPA 1-06D
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In summary, the various housing projects that will be permitted through the Inclusionary
Housing Density Bonus regulations will comply with the land use policies of their
respective segments of the certified LCP. Therefore, the proposed LCP amendment will
have no significant adverse impacts on coastal resources and the proposed amendment
request is found to be consistent with the respective certified LUPs and are adequate to
carry them out.
PART IV. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEOA)
Section 21080.5 of the California Environmental Quality Act (CEQA) exempts local
government from the requirement of preparing an environmental impact report (EIR) in
connection with its local coastal program. The Commission's LCP review and approval
program has been found by the Resources Agency to be functionally equivalent to the
EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the
responsibility to prepare an EIR for each LCP.
Nevertheless, the Commission is required in an LCP submittal or, as in this case, an LCP
amendment submittal, to find that the LCP, or LCP, as amended, does conform with
CEQA provisions. The Commission finds that approval of the proposed ordinance
amendments, as submitted, would result in significant impacts under the meaning of the
California Environmental Quality Act. However, with the inclusion of the suggested
modifications, implementation of the revised ordinances would not result in significant
impacts to the environment within the meaning of the California Environmental Quality
Act. Therefore, the Commission finds that approval of the LCP amendment will not
result in any significant adverse environmental impacts.
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RESOLUTION NO. 2006-065^
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF /' ' ''
CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE •'"**-
DECLARATION AND ADDENDUM FOR A GENERAL PLAN
AMENDMENT, ZONE CODE AMENDMENT AND LOCAt
COASTAL PROGRAM AMENDMENT; AND APPROVING SAID
GENERAL PLAN AMENDMENT IN CONCEPT AND LOCAL
COASTAL PROGRAM AMENDMENT.
CASE NAME: DENSITY BONUS AMENDMENT
CASE NO.: GPA 05-14/ZCA 04-10/LCPA 04-17
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, the Planning Commission did on February 1, 2006, hold a duly
noticed public hearing as prescribed by law to consider the Negative Declaration and.
Addendum, General Plan Amendment (GPA 05-14), Zone Code Amendment (ZCA 04-10) and
Local Coastal Program Amendment (LCPA 04-17) to amend the term "density bonus program'
in the Glossary of the Land Use Element of the General Plan, and amend the density bonus
and Inclusionary housing regulations in the Zoning Ordinance to achieve consistency between
the General Plan, Zoning Ordinance, Local Coastal Program, and State Law.
WHEREAS, the Planning Commission adopted Planning Commission
Resolutions No. 5878, 5880, and 6022 recommending to the City Council that the Negative
Declaration and Addendum be adopted, and GPA 05-14rfnd LCPA 04-17 be approved; and
WHEREAS, the City Council did on the Jl»t day of March
2006 hold a duly noticed public hearing as prescribed by law to consider the Negative
Declaration and Addendum, ,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 Negative Declaration and Addendum, General Plan Amendment and
Local Coastal Program Amendment;
NOW, THEREFORE, the City Council of the City of Carlsbad, California does
hereby resolve as follows:EXHIBIT #1
Resolutions of Approval
LCPAJ1-06D City of Carlsbad Density
^ Bonus Revisions
California Coastal Commission
City of Carlsbad LCPA 1-06D
Density Bonus
Page 17
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1. That the above recitations are true and correct.
2. That the findings of (he Planning Commission in Planning- ^Commission
Resolutions No. 5878, 5880 and 6022 constitute the findings of the City Council in this rnafSr
3. That the Negative Declaration and Addendum are adopted as shown in
Planning Commission Resolution No. 5878 on file with the City Cleric and incorporated herein
by reference.
4. That the amendment to the General Plan (GPA 05-14), as shown in
Planning Commission Resolution No. 6022, on file with the City Clerk and incorporated herein
by reference, is hereby accepted, approved in concept, and shall formally be approved with
GPA Batch No. 1 of 2006.
5. That the amendment to the Local Coastal Program (LCPA 04-17), Is
approved as shown in Planning Commission Resolution No. 5880, on file with the City Cleft
and incorporated herein by reference.
6. That the approval of LCPA 04-17 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 _ 2l3t day of March 2006, by the following vote, to wit
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
(SEAL)
-2-
City of Carlsbad LCPA 1-06D
Density Bonus
Page 18
1 PLANNING COMMISSION RESOLUTION NO. 5880.. .
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE •, *' "' '' •
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING "**x
APPROVAL OF A LOCAL ' COASTAL PROGRAM
4 AMENDMENT TO AMEND THE DENSITY BONUS AND
- INCLUSIONARY HOUSING REGULATIONS IN THE
3 ZONING ORDINANCE TO ENSURE THE DENSITY BONUS
6 REGULATIONS ARE CONSISTENT WITH STATE LAW,
AND THAT THE DENSITY BONUS AND INCLUSIONARY
7 HOUSING REGULATIONS ARE COMPATIBLE.
CASE NAME: DENSITY BONUS AMENDMENT
8 CASE NO.: LCPA 04-17
9
WHEREAS, the Planning Director has prepared an amendment to Title 21 of the
10
Municipal Code (Zoning Ordinance) relating to density bonus and inclusionary housing
._ regulations; and
13 WHEREAS, the Zoning Ordinance is the implementing ordinance for the City of
14 Carlsbad Local Coastal Program; and
'5 WHEREAS, California State law requires that the Local Coastal Program and
Zoning Ordinance be in conformance, and therefore, an amendment to the Local Coastal
17
Program is required in conjunction with an amendment to the Zoning Ordinance (implementing
18
ordinance) to ensure consistency between the two documents; and
20 WHEREAS, the City .of Carlsbad, "Applicant," has filed a verified application
21 for an amendment to the Local Coastal Program; and
22 , WHEREAS, said verified application constitutes a request for a Local Coastal
23 Program Amendment as shown on Exhibit "X," dated February I, 2006, attached to Planning
24 . • • . -^Commission Resolution No. 5879 and incorporated herein by reference, as provided for in
25
Public Resources Code Section 30514 and Article 15, Subchapter'2, Chapter 8, Division 5.5 of20
2i Title 14 of the California Code of Regulations (California Coastal Commission Regulations); and
28 WHEREAS, the Planning Commission did on the 1st day of February 2006, hold
a duly noticed public hearing as prescribed by law to consider said request; and
City of Carlsbad LCPA 1-06D
Density Bonus
Page 19
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
3 • .., ' •••**•»
staff, and considering any written comments received, the Planning Commission considered all4
5 factors relating to the Local Coastal Program Amendment; and
6 WHEREAS, in accordance with California Coastal Commission requirements, the
7 Local Coastal Program Amendment was subject to a six-week public review period, starting on
* March 11, 2005 and ending on April 22, 2005, and the Planning Commission considered all
comments received, if any.
10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows: •
13 A) That the foregoing recitations are true and correct.
14 B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of DENSITY BONUS15 AMENDMENT - LCPA 04-17, based on the following findings:
Finding:
1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
18 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello I, Mello U, Agua Hedkrada Lagoon, East Batiquitos Lagoon and West
" Batiqoitos Lagoon segments of the Carlsbad LdCal Coastal Program not being amended
2Q by this amendment, in that it ensures consistency with the Carlsbad Zoning
Ordinance, and does not conflict with any coastal zone regulations, land use
21 designations or policies, with which development must comply.
22 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to
ensure consistency with the proposed Zone Code Amendment (ZCA 04-10).
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PCRESONO. 5880 -2-
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City of Carlsbad LCPA 1-06D
Density Bonus
Page 20
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of February J066,.|ythe
following vote, to wit:
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Segall,
and Whitton
NOES:
ABSENT: Commissioner Dominguez and Heineman
ABSTAIN: .
MARTELL B. MONTI
CARLSBAD PLANNING CON
ATTEST:
DONNEU
Assistant Planning Director
PCRESON0.5880 -3-
City of Carlsbad LCPA 1-06D
Density Bonus
Page 21
21.85.010
Chapter 21.85
INCLUSIONARY HOUSING
Sections:
21.85.010 Purpose nod intent
21.85.020 Definitions.
21.85.030 Inclusionary housing
requirement,
21.85.035 New master plans or specific-
plans.
21.85.040 Affordable housing standards.
21.85.050 Calculating the required
number of inclusionary units.
21.85.060 Inclusionary credit adjustment.
21.85.070 Alternatives to construction of
inclusionary units.
21.85.080 Combined inclusionary homing
projects.
21.85.090 Creation ofinclusionary units
not required.
21.85.100 Offsets to the cost of affordable
housing development
21.85.110 In-lieu fees.
21.85.120 Collection of fees.
21.85.130 Preliminary project application
and review process.
21.85.140 Affordable housing agreement
as a condition of development
21.85.145 Agreement processing fee.
21,85.150 Agreement amendments.
21.85.155 Expiration of affordabUity
tenure.
21.85.160 Pre-existing approvals.
21.85.170 Enforcement
21.85.180 Savings clause.
21.85.190 Separability of provisions.
21.85.010. Purpose and Intent.
The purpose and intent of this chapter is as fol-
lows:
A. It is an objective of the city, as established by
the housing element of the city's general plan, to en-
sure that all residential development, including all
master planned and specific planned communities
and a)l residential subdivisions provide a range of
housing opportunities for all identifiable economic
segments of the population, including households of
lower and moderate income. It is also the policy of
the city to:
1. Require that a minimum of fifteen percent of
all approved residential development be restricted to
and affordable to tower-income households; subject
to adjustment based on. the granting of an inclusion-
ary credit;
2. Require that for those 'developments which
provide ten or more rails affordable to lower-income
households, at least ten percent of the lower-income
units stall have three or more bedrooms;
3. Under certain conditions, allow alternatives
to on-site construction as a means of providing af-
'' Portable units; and
4. In specific cases, allow inclusionary re-
quirements to be satisfied through the payment of an
in-lleu fee as an alternative to requiring inclusionary
units to be constructed.
B. It is the purpose of this chapter to ensure the
implementation of the city objective and policy stated
in subsection A.
C. Nothing in this chapter is intended to create a
mandatory duty on the part of the city or its employees
under the Government Tort Claims Act and no cause
of action against the city or its employees is created by
this chapter that would not arise independently of the
provisions of this chapter. (Ord. NS-794 § 2, 2006;
Ord.NS-535§l (part), 2000)
21.85.020 Definitions.
Whenever the following terms are used in this
chapter, they shall have the meaning established by
this section: *•
A. "Affordable housing" means housing for
which the allowable housing expenses paid by a
qualifying household shall not exceed a specified
fraction of the county median income, adjusted for
household size, as follows:
1. Extremely low-income, rental or for-sale
units: the product of thirty percent times thirty per-
cent of the county median income, adjusted for
household size;
792-1 EXHIBIT #2
Inclusionary Housing Regulations
(full text of existing regulations with
revisions)
LCPA #1-060 City of Carlsbad Density
£ Bonus Revisions
California Co»«ul Caimtnim
31
City of Carlsbad LCPA 1-06D
Density Bonus
Page 22
21.85.020
2. Very low-income, rental and for-sale units:
the product of thirty percent times fifty percent of the
county median income, adjusted for household size-,
3. Low-income, for-sale units: the product of
thirty percent times seventy percent of the county
median income, adjusted for household size; and
4. Low-income, rental units: the product of
thirty percent times sixty percent of the county me-
dian income, adjusted for household size.
B. "Affordable housing agreement" means a
legally binding agreement between a developer and
the city to ensure that the inclusionary requirements
of this chapter are satisfied. The agreement estab-
lishes, among other things, the number of required
inclusionary units, the unit sizes, location, afforda-
bility tenure, terms and conditions of affordability
and unit production schedule.
C. "Allowable housing expense" means the total
monthly or annual recurring expenses required of a
household to obtain shelter. For a for-sale unit, al-
lowable housing expenses include loan principal and
interest at the time of initial purchase by the home-
buyer, allowances for property and mortgage insur-
ance, property taxes, homeowners' association dues
and a reasonable allowance for utilities as defined by
the Code of Federal Regulations (24CFR982). For a
rental unit, allowable housing expenses include rent
and a utility allowance as established and adopted by
the city of Carlsbad housing authority, as well as all
monthly payments made by the tenant to the lessor in
connection with use and occupancy of a bousing unit
and land and facilities associated therewith, including
any separately charged fees, utility charges, or ser-
vice charges assessed by the lessor and payable by
the tenant.
D. "Affordable housing policy team" shall con-
sist of the community development director, planning
director, housing and redevelopment director, admin-
istrative services director/finance director and a rep-
resentative of the city attorney's office.
E. "Combined inclusionary housing project"
means separate residential development sites which
are linked by a contractual relationship such that
some or all of the inclusionary units which are asso-
ciated wilh'tone development site are produced and
operated at a separate development site or sites.
F. "Conversion" means the change of status of a
dwelling unit from a purchased unit to a rental unit or
vice versa.
G. "Density bonus" shall have the same mean-
ing as defined in Section 21.86.020(AX7)ofthis title.
H. "Extremely low-income household" means
those households whose gross income is equal to or
less than thirty percent of the median income for San
Diego County as determined by the U.S. Department
of Housing and Urban Development.
1. "Financial assistance" means assistance to
include, but not be limited to, the subsidization of
fees, infrastructure, land costs, or construction costs,
the use of redevelopment set-aside funds, community
development block grant (CDBG) funds, or the pro-
vision of other direct financial aid in the form of cash
transfer payments or other monetary compensation,
by the city of Carlsbad.
J. "Growth management control point" shall
have the same meaning as provided in Chapter 21.90,
Section 21.90.04S of this title.
K. "Incentives or concessions" shall have the
same meaning as defined in Section 21.86.020(AX7)
of this title.
L. "Inclusionary credit" means a reduction in
the inclusionary bousing requirement granted in re-
turn for the provision of certain desired types of af-
fordable housing or related amenities as determined
by the city council.
M. "Inclusionary housing project" means a new
residential development or conversion of existing
residential buildings which has at least fifteen percent
of the total units reserved and made affordable to
lower-income households as required by this chapter.
N. "Inclusionary unit" means a dwelling unit
thatwill be offered for rent or sale exclusively to and
which shall be affordable to lower-income house-
holds, as required by this chapter.
0. "Income" means any monetary benefits that
qualify as income in accordance with the criteria and
procedures used by the city of Carlsbad housing and
redevelopment department for the acceptance of ap-
(Cadttud Sl|*. No. 16. M6)792-2
City of Carlsbad LCPA 1-06D
Density Bonus
Page 23
21.SS.020
plications and tecertifications for the tenant based
rental assistance program, or its successor.
P. "Low-income household" means those
households whose gross income is more than fifty
percent but does not exceed eighty percent of the
median income for San Diego County is determined
annually by Uie U.S. Department of Housing and Ur-
ban Development
Q. "Lower-income household'' means low-
income, very low-income and extremely low-income
households, whose gross income does not exceed
eighty percent of the median income for San Diego
County as determined annually by the U.S. Depart-
ment of Housing and Urban Development.
R. "Market-rate unit" means a dwelling unit
where the rental rate or sales price Is not restricted
either by this chapter or by requirements imposed
through other local, state, or federal affordable hous-
ing programs.
S. "Offsets" means concessions or assistance to
include, but not be limited to, direct financial assis-
tance, density increases, standards modifications or
any other financial, land use, or regulatory conces-
sion which would result in an identifiable cost reduc-
tion enabling the provision of affordable housing.
T. "Residential development" means any new
residential construction of rental or for-sale units; or
development revisions, including those with and
without a master plan or specific plan, planned unit
developments, site development plans, mobile home
developments and conversions of apartments to con-
dominiums, as well as dwelling units for which the
cost of shelter is included in a recurring payment for
expenses, whether or not an Initial lump sum fee is
also required.
U. "Target income level" means the income
standards for extremely low, very low and low-
income levels within San Diego County as deter-
mined annually by the U.S. Department of Housing
and Urban Development, and adjusted for family
size.
V. "Total residential units" means the total units
approved by the final decision-making authority. To-
tal residential units are composed of both market-rate
units and inclusionary units.
W.'i • "Very low-income household" means a
household earning a gross income equal to fifty per-
cent or less of the median income for San Diego
County as determined annually by the U.S. Depart-
ment of Housing and Urban Development. (Qrd.
NS-794 § 3,2006: Ord. NS-535 § 1 (part),MOO)
21.85.030 Incluiionary housing requirement.
The inclusionary housing requirements of this
chapter shall apply as follows:
A. This chapter shall apply to all residential
market-rate dwelling units resulting from new con-
struction of rental and "for-sale" projects, as well as
the conversion of apartments to condominiums.
B. For any residential development or develop-
ment revision of seven or more units, not less than
' fifteen percent of the total units approved shall be
constructed and restricted both as to occupancy and
offordability to lower-income households.
C. For those developments which are required
to provide ten or more units affordable to lower-
income households, at least ten percent of the lower-
income units shall have three or more bedrooms.
D. This chapter shall not apply to the following:
1. Existing residences which are altered, im-
proved, restored, repaired, expanded or extended,
provided that the number of units is not increased,
except that this chapter shall pertain to the subdivi-
sion of land for the conversion of apartments to con-
dominiums;
2. Conversion of a mobile home park pursuant
to Section 21.37.120 of the code;
3. The construction of a new residential struc-
ture which replaces a residential structure that was
destroyed or demolished within twoyears prior to the
application fora building*permit for the new residen-
tial structure, provided that the number of residential
units is not increased from the number of residential
units of the previously destroyed or demolished resi-
dential structure;
4. Any residential unit which is accessory as
defined in Section 21.04.020 of this code; or
5. Second dwelling units not constructed to ful-
Till inclusionary housing requirements and developed
in accordance with Section 21.10.015 of this code;
792-3 (Otti4Sopp.No.l6.M6)
33
City of Carlsbad LCPA 1-06D
Density Bonus
Page 24
21.85.030
6. Any project or portion of a project which is a
commercial living unit as defined in Section
21.04.093 of this code; and
7. Those residential units which have obtained
affordable housing approvals prior to the effective
date of the ordinance codified in this chapter, as set
forth in Section 21.8S.160 of this chapter. (Ord. NS-
535 § 1 (part), 2000)
21.85.035 New master plans or specific plans.
New master plans and specific plans shall submit
an inclusionary housing plan as follows:
A. All master plans and specific plans approved
on or after the effective date of the ordinance codi-
fied in this chapter are required by this chapter to
provide an inclusionary housing plan within the mas-
ter plan or specific plan document. This inclusionary
homing plan will include appropriate text, maps, ta-
bles, or figures to establish the basic framework for
implementing the requirements of this chapter. It
shall establish, as a minimum, but not be limited to,
the following:
1. The number of market-rate unite in the mas-
ter plan or specific plan;
2. The number of required inclusionary units
for lower-income households over the entire master
plan or specific plan;
3. The designated sites for the location of the
inclusionary units, including but not limited to
any sites for locating off-site inclusionary housing
projects or combined inclusionary housing pro-
jects;
4. A general provision stipulating that an af-
fordable housing agreement shall be made a condi-
tion of all future discretionary permits for develop-
ment within the master or specific plan area such as
tentative maps, parcel maps, planned unit develop-
ments and site development plans. The provision
shall establish that all relevant terms and conditions
of any affordable housing agreement shall be filed
and recorded as a restriction on the project as a whole
and those individual lots, units or projects which ore
designated as inclusionary units. The affordable
housing agreement shall be consistent with Section
21.85.140 of this chapter.
B. The -location and phasing of inclusionary
dwelling units may be modified as a minor amend-
ment to the master plan pursuant to Section
21.38.120 of this title if the city council authorizes
such modifications when approving the master plan.
C. All existing master plans or specific plans
proposed for major amendment, pursuant to Sec-
tion 21.38.120 of this code, shall incorporate into
the amended master plan or specific plan document
an inclusionary housing plan, consistent with this
section of this chapter. (Ord. NS-535 § 1 (part),
2000)
21.85.040 Affordable bousing standards.
The affordable housing standards are as follows:
A. All residential developments are subject to
and 'hiust satisfy the inclusionary housing require-
ments of this chapter, notwithstanding a developer's
request to process a residential development under
other program requirements, laws or regulations, in-
cluding but not limited to Chapter 21.86 (Residential
Density Bonus) of this code. If an applicant seeks to
construct affordable housing to qualify for a density
bonus in accordance with the provisions of Chapter
21.86 (Residential Density Bonus), those affordable
dwelling units that qualify a residential development
for a density bonus are in addition to, and do not
count toward satisfying, the inclusionary housing
requirements of this chapter.
B. Whenever reasonably possible, inclusionary
units should be built on the residential development
project site.
C. The required inclusionary units shall be con-
structed concurrently with market-rate units unless
both the final decision-making authority of the city
and developer agree .within th£ affordable bousing
agreement to an alternative schedule for develop-
ment
D. Inclusionary rental units shall remain re-
stricted and affordable to the designated income
group for fifty-five years. In addition to the income
of a targeted group, limitations on assets may also be
used as a factor in determining eligibility for rental or
for-sale units. Notwithstanding anything to the con-
trary in this chapter, no inclusionary unit snail be
<CarUb«iSW.No K.J-06)792-4
City of Carlsbad LCPA 1-06D
Density Bonus
Page 25
21.85.040
rented for an amount which exceeds ninety percent of
the actual rent charged for a comparable market unit
in the same development, if any.
E. After the initial sale of the inclusionary for-
sale units at a price affordable to the target income
level group, inclusionary for-sale units shall remain
affordable to subsequent income eligible buyers
pursuant to a resale restriction with a term of thirty
years or for-sale units may be sold at a market price
to other than targeted households provided that the
sale shall result in the recapture by the city or its
designee of a financial interest in the units equal to
the amount of subsidy necessary to make the unit
affordable to the designated income group and a
proportionate share of any appreciation. Funds re-
captured by the city shall be used in assisting other
eligible households with home purchases at afford-
able prices. To the extent possible, projects using
for-sale units to satisfy inclusionary requirements
shall be designed to be compatible with conven-
tional mortgage financing programs including sec-
ondary market requirements.
F. Inclusionary units should be located on sites
that are in proximity to or will provide access to em-
ployment opportunities, urban services, or major
roads or other transportation and commuter rail fa-
cilities and that are compatible with adjacent land
uses.
G. The design of the inclusionary units shall be
reasonably consistent or compatible with the design
of the total project development in terms of appear-
ance, materials and finished quality.
H. Inclusionary projects shall provide a mix of
number of bedrooms in the affordable dwelling units .
in response to affordable housing demand priorities
of the city.
1. No building permit shall be issued, nor any.
development approval granted for a development
which does not meet the requirements of this chapter.
No inclusionary unit shall be rented or sold except in
accordance with this chapter. (Ord. NS-794 § 4,
2006; Old. NS-535 § 1 (part), 2000)
21.85.050 Calculating the required number
of inclusionnry units.
Subject to adjustments for an inclusionary credit,
the required number of lower-income inclusionary
units shall be fifteen percent of the total residential
units, approved by the final decision-making author-
ity. If the inclusionary units are to be provided within
an off-site combined or other project, (he required
number of lower-income inclusionary units shall be
fifteen percent of the total residential units to be pro-
vided both on-site and/or off-site:- Subject to the'
maximum density allowed per the growth manage-
ment control point or per specific authorization
granted by the planning commission or city council,
fractional units for both market rate and inclusionary
units of 0.5 will be rounded up to a whole unit. If the
* rounding calculation results in a total residential unit
count which exceeds the maximum allowed, neither
the market rate nor the inclusionary unit count will be
increased to the next whole number!''
Example 1: Total residential units - fifteen percent
inclusionary units plus eighty-five percent market-
rate units. If the final decision-making authority ap-
proves one hundred total residential units, then the
inclusionary requirement equals fifteen percent of the
"total" or fifteen units (100 x .15 - 15). The allow-
able market-rate units -would be eighty-five percent
of the "total" or eighty-five units.
Example 2: If the inclusionary units are to be pro-
vided off-site, the total number of inclusionary units
shall be calculated according to the total number of
market-rate units approved by the final decision-
making authority. If one hundred market-rate units are
approved, then this total is divided by .85 which pro-
vides a total residential unit count (100 + .85 - 117).
The fifteen percent requirement is applied to this "to-
tal" (one hundred seventeen units) which equals the
inclusionary unit requirement (117 x. 15 «17.6 units).
(Ord.NS-794 § 5,2006: Ord.NS-535 § 1 (part), 2000)
21.85.060 Incliulonary credit adjustment
Certain types of affordable housing are relatively
more desirable in satisfying the city's stale-mandated
affordable housing requirement as well as the city's
792-5 (CuM»ISt*p.Nii.l6,M6>
35
City of Carlsbad LCPA 1-06D
Density Bonus
Page 26
21.85.060
housing element goals, objectives and policies, and
these may change over time.
To assist the city in providing this housing, devel-
opers may receive additional (more than one unit)
credit for each of such units provided, thereby reduc-
ing the total inclusionary housing requirement to less
than fifteen percent of all residential units approved.
A schedule of inclusionary housing credit specifying
how credit may be earned shall be adopted by the
city council and made available to developers subject
to this chapter. (Ord. NS-794 § 6,2006: Ord.NS-535
§1 (part). 2000)
21.85.070 Alternatives to construction of
inclusionary units.
Notwithstanding any contrary provisions of this
chapter, at the sole discretion of the city council, the
city may determine that an alternative to the con-
struction of new inclusionary units is acceptable.
A. The city council may approve alternatives to
the construction of new inclusionary units where the
proposed alternative supports specific housing ele-
ment policies and goals and assists the city in meet-
ing its state housing requirements. Such determina-
tion shall be based on findings that new construction
would be infeasible or present unreasonable hard-
ship in light of such factors as project size, site con-
straints, market competition, price and product type
disparity, developer capability, and financial subsi-
dies available. Alternatives may include, but not be
limited to, acquisition and rehabilitation of afford-
able units, conversion of existing market units to
affordable units, construction of special need; hous-
ing projects or programs (shelters, transitional hous-
ing, etc.), and the construction of second dwelling
units.
B. Second dwelling units constructed to satisfy
an inclusionary housing requirement shall be rent
restricted to affordable rental rates, and renters shall
be income-qualified, as specified in the applicable
affordable housing agreement. In no event shall a
developer be allowed to construct more than a total
of fifteen second dwelling units in any given devel-
opment, master plan, or specific plan, to satisfy an
inclusionary requirement.
C. Contribution to a special needs housing pro-
ject or program may also be an acceptable alternative
based upon such findings. The requisite contribution
shall be calculated in the same manner as an in-lieu
fee per Section 21.85.110. (On). NS-535 § I (part),
2000)
21.85.080 Combined inclusionary housing
projects.
An affordable housing requirement may be satis-
fied with off-site construction as follows:
A. When it can be demonstrated by a developer
that the goals of this chapter and the city's housing
element would be better served by allowing some or
all of the inclusionary units associated with one resi-
dential project site to be produced and operated at an
alternative site or sites, the resulting linked inclu-
sionary project site(s) is a combined inclusionary
housing project.
B. It is at the sole discretion of the city council
to authorize the residential site(s) which form a com-
bined inclusionary housing project. Such decision
shall be based on findings that the combined project '
represents a more effective and feasible means of V
implementing this chapter and the goals of the city's
housing element. Factors to be weighed in this de-
termination include: the feasibility of the on-site op-
tion considering project size, site constraints, compe-
tition from other projects, difficulty in integrating
due to significant price and product type disparity,
and lack of capacity of the on-site development entity
to deliver affordable housing. Also to be considered
are whether the off-site option offers greater feasibil-
ity and cost effectiveness, particularly regarding po-
tential local public assistance and the city's afford-
able housing financial assistance policy, location ad-
vantages such as proximity to jobs, schools, transpor-
tation, and services, diminished impact on otfaer ex-
isting developments, capacity of the development
entity to deliver the project, and satisfaction of multi-
ple developer obligations that would be difficult to
satisfy with multiple projects.
C. All agreements between parties to form a
combined inclusionary housing project shall be made
a part of the affordable housing agreement required '
(Ootob*) SUIT- No. It. 146)792-6
City of Carlsbad LCPA 1-06D
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21.85.080
for the site(s), which affordable housing agreement(s)
shall be approved by council.
D. Location of the combined inclusionary hous-
ing project is limited to sites within the same city
quadrant in which the market-rate units are located,
or sites which are contiguous to the quadrant in
which the market-rate units are proposed. (Ord. NS-
535 §) (part), 2000)
21.85.090 Creation of inclusionary units not
required.
Inclusionaiy units created which exceed the final
requirement for a project may, subject to city council
approval in the affordable housing agreement, be
utilized by the developer to satisfy other inclusionary
requirements for which it is obligated or market the
units to other developers as a combined project sub-
ject to the requirements of Section 21.85.080. (Ord.
NS-535§1 (part), 2000)
21.85.100 Offsets to the cost of affordable
housing development.
The city shall consider making offsets available to
developers when necessary to enable residential pro-
jects to provide a preferable product type or afforda-
bility in excess of the requirements of this chapter.
Offsets will be offered by the city to the extent that
resources and programs for this purpose are available
to the city and approved for such use by the city
council, and to the extent that the residential devel-
opment, with the use of offsets, assists in achieving
the city's housing goals. To the degree that the city
makes available programs to provide offsets, devel-
opers may moke application for such programs.
Evaluation of requests for offsets shall be based on
the effectiveness of the offsets in achieving a prefer-
able product type and/or affordability objectives as
set forth within the housing element, the capability of
the development team; the reasonableness of devel-
opment costs and justification of subsidy needs; and
the extent to which other resources are used to lever-
age the requested offsets. Nothing in this chapter es-
tablishes, directly or through implication, a right to
receive any offsets from the c ity or any other party or
agency to enable the developer to meet the obliga-
tions ^established by this chapter. Any offsets ap-
proved by the city council and the housing afforda-
bility to be achieved by use of those offsets shall be
set out within die affordable housing agreement pur-
suant to Section 21.8S.140 of this chapter or, at the
city's discretion in a subsequent document. Further-
more, developers are encouraged to utilize local, state
or federal assistance, when available, to meet the af-
fordability standards set forth in Sections 21.85.030
and 21.85.040 of this chapter. (Ord. NS-794 § 7,
2006: Ord. NS-535 § 1 (part), 2000)
21.85.110 In-liea fees.
Payment of a fee in lieu of construction of afford-
able units may be appropriate in the following cir-
cumstances:
1 A. For any residential development or develop-
ment revision of less than seven units, the inclusion-
ary requirements may be satisfied through the pay-
ment to die city of an in-lieu fee. •*
B. The in-lieu fee to be paid for each market-
rate dwelling unit shall be fifteen percent of the sub-
sidy needed to make affordable to a lower-income
household one newly constructed, typical attached-
housing unit. This subsidy shall be based upon the
city council's determination of the average subsidy
that would be required to make affordable typical,
new two-bedroom/one bath and three-bedroom/two-
bath for-sale units and rental units, each with aji as-
sumed affordability tenure of at least fifty-five years.
C. The dollar amount and method of payment of
the in-lieu fees shall be fixed by a schedule adopted,
from time to time, by resolution of the city council.
Said fee shall be assessed against the market-rate
lots/units of a development.
D. All in-lieu fees collected hereunder shall be
deposited in a housing trust fund. Said fund shall be
administered by the city and shall be used only for
the purpose of providing funding assistance for the
provision of affordable housing and reasonable costs
of administration consistent with the policies and
programs contained in the housing element of the
general plan.
E. At the discretion of the city council, where a
developer is authorized to pay a fee in lie^of devel-
792-7
31
21.S5.110
City of Carlsbad LCPA 1-06D
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opraent, an irrevocable dedication of land or oilier
non-monetary contribution of a value not less than
the sum of die otherwise required in-lieu fee may be
accepted as an alternative to paying the in-lieu lee if
it is determined that the non-monetary contribution
will be effectual in furthering the goats and policies
of the housing element and this chapter. The valua-
tion of any land offered in-lieu shall be determined
by an appraisal nude by an agent.mutually agreed
upon by the city and the developer. Costs associated
with the appraisal shall be borne by the developer.
F. Where a developer is authorized to pay a fee
in lieu of development of affordable housing units,
any approvals shall be conditioned upon a require-
ment to pay the in-lieu fee in an amount established
by resolution of the city council in effect at the time
of payment.
0. As an alternative to paying an in-lieu fee(s),
inclusionary housing requirements may be satisfied
either through a combined inclusionary housing pro-
ject, pursuant to Section 21.85,080 of this chapter or
new construction of inclusionary units subject to ap-
proval of the final decision-making authority. (Ord.
NS-S35 § I (part), 2000)
21.85.120 Collection of fees.
All fees collected under this chapter shall be de-
posited into a housing trust fund and shall be ex-
pended only for the affordable housing needs of
lower-income households, and reasonable costs of
' administration consistent with the purpose of this
chapter. (Ord. NS-535 § I (part), 2000)
21.85.130 Preliminary project application
and review process.
The preliminary project application/review process
shall be as follows:
A. A developer of a residential development not
subject to a master plan or specific plan, proposing
an inclusionary housing project shall have an ap-
proved site development plan prior to execution of an
affordable housing agreement for the project. The
developer may submit a preliminary application to
the housing and redevelopment director prior to the
submittal of any formal applications for such housing
development. The preliminary application shall in-
clude the following information if applicable:
1. A brief description of the proposal including
the number of inclusionary units proposed;
2. The zoning, general plan designations and
assessors parcel numbers) of the project site;
3. A site plan, drawn to scale, which includes:
building footprints, driveway and narking layout,
building elevations, existing contours and proposed
grading; and
4. A letter identifying .what specific offsets
and/or adjustments are being requested of the city.
Justification for each request should also be included.
B. Within thirty days of receipt of the prelimi-
nary application by the planning director for projects
not requesting offsets or inclusionary credit adjust-
ments, or ninety days for projects requesting offsets
or inclusionary credit adjustments, the department
shall provide to an applicant, a letter which identifies
project issues of concern, the offsets and inclusionary
credit adjustments that the community development
director can support when making a recommendation
to the final decision-making authority, and the proce-
dures for compliance with this chapter. The applicant
shall also be provided with a copy of this chapter and
related policies, the pertinent sections of the Califor-
nia codes to which reference is made in this chapter
and all required application forms. (Ord.NS-794 § t,
2006; Ord. NS-53S § 1 (part), 2000)
21.85.140 Affordable noosing agreement as a
condition of development.
This chapter requires the following:
A. Developers subject to this chapter shall
demonstrate compliance with this chapter by exe-
cuting an affordable housing agreement prepared by
the city housing and redevelopment director and
submitted to the developer for execution. Agree-
ments which conform to the requirements of this
section and which do not involve requests for off-
sets and/or an inclusionary credit, other than those
permitted by right, if any, shall be reviewed by the
affordable housing policy team and approved by the
community development director or his designee.
Agreements which involve requests for offsets
792-8
City of Carlsbad LCPA 1-06D
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Page 29
21.85.140
and/or an inclusionnry credit, other than those per-
mitted by right, shall require the recommendation of
the housing commission and action by the city
council as the final decision-maker. Following the
approval and execution by all parties, the affordable
bousing agreement with approved site development
plan shall be recorded against the entire develop-
ment, including market-rale lots/units and the rele-
vant terms and conditions therefrom filed and sub-
sequently recorded as a separate deed restriction or
regulatory agreement on the affordable project indi-
vidual lots or units of property which are designated
for the location of affordable units. The approval
and execution of the affordable housing agreement
shall take place prior to final map approval and shall
be recorded upon final map recordation or, where a
map is not being processed, prior to the issuance of
building permits for such lots/units. The affordable
housing agreement may require that more specific
project and/or unit restrictions be recorded at a fu-
ture time. The affordable housing agreement shall
bind all future owners and successors in interest for
the term of years specified therein.
B. An affordable housing agreement, for which
the inclusionary bousing requirement will be satisfied
through new construction of inclusionary units, either
on-site or off-site, shall establish, but not be limited
to, the following:
1. The number of inclusionary dwelling units
proposed, with specific calculations detailing the ap-
plication of any incrusionary credit adjustment;
2. The unit square footage, and number of bed-
rooms; ,
3. The proposed location of the inclusionary
units;
4. Amenities and services provided, such as
daycare, after school programs, transportation, job
training/employment services and recreation;
5. Level and tenure of affordability for inclu-
sionary units;
6. Schedule for production of dwelling units;
7. Approved offsets provided by the city;
8. Where applicable, requirements for other
documents to be approved by the city, such as mar-
keting, leasing and management plans; financial as-
sistance/loan documents; resale agreements; and
monitoring and compliance plans;
9. Where applicable, identification of the af-
fordable housing developer and agreements specify-
ing their role and relationship to the project
C. An affordable housing agreement, for which
the inclusionary housing requirement will be satisfied
through payment to the city of any in-lieu contribu-
tions other than fee monies, such as land dedication,
shall include the method of determination, schedule
and value of total in-lieu contributions,
D. An affordable housing agreement will not be
required for projects which will be satisfying their
inclusionary housing requirement through payment to
the city of an in-lieu fee. (Ord. NS-794 §§ 9, 10,
2006; Ord. NS-535 § 1 (part), 2000)
21.85.145 Agreement processing fee.
The city council may establish by resolution, fees
to be paid by the developer at the tirrte of preliminary
project application to defray the city's cost of prepar-
ing and/or reviewing all inclusionary housing agree-
ments. (Ord, NS-535 § 1 (part), 2000)
21.85.150 Agreement amendments.
Any amendment to an affordable housing agree-
ment shall be processed in the same manner as an
original application for approval, except as author-
ized in Section 21.85.035(8). Amendments to afford-
able housing agreements initially approved prior to
the effective date of me ordinance codified in this
chapter shall be entitled to consideration under the
ordinance provisions superseded by the ordinance
codified in this chapter. (Ord. NS-53S § 1 (part),
2000)
».
11.85.155 Expiration of afTordability tenure.
The city or its designer shall have a one-time first
right of refusal to purchase any project containing
affordable units offered for sale at the end of the
minimum tenure of affordability for rental projects.
The first right of refusal to purchase the rental project
shall be submitted in writing to the housing and rede-
velopment director. Within ninety days of its receipt,
the city shall indicate its intent to exercise the first
792-9 (CMlM9l».No.U.M6>
21.85.155
City of Carlsbad LCPA 1-06D
Density Bonus
Page 30
right of refusal for the purpose of providing afford-
able housing. (On). NS-535 § 1 (part), 2000)
21.85.160 Pre-existing approvals.
Any residential developments for which a site de-
velopment plan for the affordable housing compo-
nent of the development was approved prior to the
effective date of the ordinance codified in this chap-
ter shall be subject to the ordinance in effect at die
time of the approval. (On). NS-535 § 1 (part), 2000)
21.85.170 Enforcement
Enforcement provisions are as follows:
A. The provisions of this chapter shall apply to
all developers and their agents, successors and as-
signs proposing a residential development governed
by this chapter. No building permit or occupancy
permit shall be issued, nor any entitlement granted,
for a project which is not exempt and does not meet
the requirements of this chapter. All inclusionary
units shall be rented or owned hi accordance with this
chapter.
B. The city may institute any appropriate legal
actions or proceedings necessary to ensure compli-
ance with this chapter, including but not limited to
actions to revoke, deny or suspend any permit or de-
velopment approval.
C. Any individual who sells or rents a restricted
unit in violation of the provisions of this chapter shall
be required to forfeit all monetary amounts so ob-
tained. Such amounts shall be added to the city's
housing trust fund. (Ord. NS-535 § 1 (part), 2000)
21.85.180 Savings clause.
All code provisions, ordinances, and parts of ordi-
nances in conflict with the provisions of this chapter
are repealed. The provisions of this chapter, insofar
as they are substantially the same as existing code
provisions relating to the same subject matter shall be
construed as restatements and continuations thereof
and not as new enactments. With respect, however, to
violations, rights accrued, liabilities accrued, or ap-
peals taken, prior to the effective dale of the ordi-
nance codified In this chapter, under any chapter,
ordinance, or part of an ordinance shall be deemed to
remain in full force for the purpose of sustaining any
proper suit, action, or other proceedings, with respect
to any such violation, right, liability or appeal. (Ord.
NS-535 § I (part), 2000)
21.85.190 Separability of provisions.
If any provision of this chapter or the application
thereof to any person or circumstances is held inva-
lid, the remainder of the chapter and the application
of the provision to other persons not similarly situ-
ated or to other circumstances shall-not be affected
thereby. (Ord. NS-535 § 1 (part), 2000)
792-10
City of Carlsbad LCPA 1-06D
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2
ORDINANCE NO. NS-794
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ', ' /''
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE '"*"
MUNICIPAL CODE BY AMENDING THE DENSITY BONUS AND
INCLUSIONARY HOUSING REGULATIONS IN THE ZONING
ORDINANCE TO ENSURE THE DENSITY BONUS
REGULATIONS ARE CONSISTENT WITH CALIFORNIA
GOVERNMENT CODE SECTIONS 65915 THROUGH 65917,
AND THAT THE DENSITY BONUS AND INCLUSIONARY
HOUSING REGULATIONS DO NOT CONFLICT.
CASE NAME: DENSITY BONUS AMENDMENTS
CASE NO.: ZCA 04-10
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1: That the list of sections at the beginning of Chapter 21.85 is
amended to read as follows:
Sections:
21 .85.01 0 Purpose and intent.
21.85.020 Definitions.
21 .85.030 Inclusionary housing requirement
21 .85.035 New master plans or specific plans.
21 .85.040 Affordable housing standards.
21 .85.050 Calculating the required number of inclusionary units.
21 .85.060 Inclusionary credit adjustment.
21 .85.070 Alternatives to construction of inclusionary units.
21 .85.080 Combined inclusionary housing projects.
21 .85.090 Creation of inclusionary units not required.
21 .85.1 00 Offsets to the cost of affordable housing development.
21.85.110 In-lieufees.
21.85.120 Collection of fees. •
21 .85.1 30 Preliminary project application and review process.
21 .85. 1 40 Affordable housing agreement as a condition of development.
21 .85.145 Agreement processing fee.
21.85.150 Agreement amendments.
21 .85.1 55 Expiration of affordability tenure.
,21.85.160 Pre-existing approvals.
21.85.170 Enforcement. '
21.85.180 Savings clause.
' 21.85.190 Separability of provisions.
SECTION 2: That Section 21.85.010.A.1 of the Carlsbad Municipal Cods is amended to
read as follows:
1. Require that a minimum of fifteen (15%) percent of all approved residential
development be restricted to and affordable to lower-income households; subject to adjustment
• based on the granting of an inclusionary credit;
SECTION 3: That Section 21 .85.020 of the Carlsbad Municipal Code Is amended
to read as follows: EXHIBIT #3
Inclusionary Housing Regulations
(partial text of revised sections only)/
Density Bonus Regulations (full text
with revisions)
LCPA#106D City of Carlsbad Density
4K Bonus Revisions
California Coastal Commluion
City of Carlsbad LCPA 1-06D
Density Bonus
Page 32
1 21.85.020 Definitions.
Whenever the following terms are used in this chapter, they shall have the meaning
2 established by this section: •. ' .'
A. "Affordable housing" means housing for which the allowable housing expanses
3 paid by a qualifying household shall not exceed a specified fraction of the county median
income, adjusted for household size, as follows:
4 1. Extremely low-income, rental or for-sale units: the product of 30% times 30% of
the county median income, adjusted for household size;
5 2. Very low-income, rental and for-sale units: the product of 30% times 50% of the
county median Income, adjusted for household size;
6 3. Low-income, for-sale units: the product of 30% times 70% of the county median
income, adjusted for household size; and
7 4. Low-income, rental units: the product of 30% times 60% of the county median
Income, adjusted for household size.
8 B. "Affordable housing agreement" means a legally binding agreement between a
developer and the city to ensure that the inclusionary requirements of this chapter are satisfied.
9 The agreement establishes, among other things, the number of required inclusionary units, the
unit sizes, location, affordability tenure, terms and conditions of affordability and unit production
10 schedule.
C. "Allowable housing expense" means the total monthly or annual recurring11 expenses required of a household to obtain shelter. For a for-sale unit, allowable housing
expenses Include loan principal and interest at the time of initial purchase by the homebuyer,
12 allowances for property and mortgage insurance, property taxes, homeowners association dues
and a reasonable allowance for utilities as defined by the Code of Federal Regulations13 (24CFR982). For a rental unit, allowable housing expenses Include rent and a utility allowance
as established and adopted by the city of Carlsbad housing authority, as well as all monthly
14 payments made by the tenant to the lessor in connection with use and occupancy of a housing
unit and land and facilities associated therewith, Including any separately charged fees, utility15 charges, or service charges assessed by the lessor and payable by the tenant.
D. "Affordable housing policy team" shall consist of the community development16 director, planning director, housing and redevelopment director, administrative services
director/finance director, and a representative of the city attorney's office.
1 E. "Combined inclusionary housing project" means separate residential
development sites which are linked by a contractual relationship such that some or all of the18 Inclusionary units which are associated with one development site are produced and operated
„ at a separate development sile or sites.
F. "Conversion" means the change of status of a dwelling unit from a purchased
?f| unit to a rental unit or vice versa.
G. "Density bonus" shall have the same meaning as defined In Section
_. 21.86.020.A.7 of this title.
H. "Extremely low-income household" means' those households whose gross
22 income Is equal to or less than thirty (30%) percent of the median income for San Diego County
as determined by the U.S. Department of Housing and Urban Development.
23 I. "Financial assistance" means assistance to include, but not be limited to, the
subsidization of fees, infrastructure, land costs, or construction costs, the use of redevelopment
24 set-aside funds, community development block grant (CDBG) funds, or the provision of other
direct financial aid in the form of cash transfer payments or other monetary compensation, by
25 the city of Carlsbad.
J. "Growth management control point" shall have the same meaning as provided in
26 Chapter 21.90, Section 21.90.045 of this title.
K. "Incantives or concessions" shall have the same meaning as defined in Section
27 21.86.020.A.7 of this title.
28
City of Carlsbad LCPA 1-06D
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1 L. "Inclusionary credit" means a reduction in the inclusionary housing requirement
granted in return for the provision of certain desired types of affordable housing/or related
2 amenities as determined by the city council. '.-.', '
M. "Inclusionary housing project" means a new residential development" or
3 conversion of existing residential buildings which has at least fifteen (15%) percent of the total
units reserved and made affordable to lower-income households as required by this chapter.
4 N. 'Industonary unit* means a dwelling unit that will be offered for rent or sale
exclusively to and which shall be affordable to lower-Income households, as required by this
5 chapter.
O. "Income' means any monetary benefits that qualify as income in accordance with
6 the criteria and procedures used by the city of Carlsbad housing and redevelopment department
for the acceptance of applications and recertifications for the Tenant Based Rental Assistance
7 Program, or its successor.
P. 'Low-income household" means those households whose gross income is more
8 than fifty (50%) percent but does not exceed eighty (80%) percent of the median income for San
Diego County as determined annually by the U.S. Department of Housing and Urban
9 Development.Q. "Lower-income household" means tow-income, very low-income and extremely
10 low-income households, whose gross income does not exceed eighty (80%) percent of the
median income for San Diego County as determined annually by the U.S. Department of11 Housing and Urban Development
R. "Market-rate unit* means a dwelling unit where the rental rate or sales price is not12 restricted either by this chapter or by requirements imposed through other local, state, or federal
affordable housing programs.
13 S. 'Offsets' means concessions or assistance to include, but not be limited to, direct
financial assistance, density increases, standards modifications or any other financial, land use,14 or regulatory concession which would result in an identifiable cost reduction enabling the
provision of affordable housing.15 T. 'Residential development" means any new residential construction of rental or
for-sale units; or development revisions, including those with and without a master plan or16 specific plan, planned unit developments, site development plans, mobilehome developments
and conversions of apartments to condominiums, as well as dwelling units for which the cost of
' ' shelter is included In a recurring payment for expenses, whether or not an Initial lump sum fee is
. „ also required. —18 U. 'Target Income level" means the income standards for extremely low, very low
.. and low-income levels within San Diego County as determined annually by the U.S. Departmenty of Housing and Urban Development, and adjusted for family size.
... V. Total residential units" means the total units approved by the final decision/u making authority. Total residential units are composed of both market rate units and inclusionary
,21 units'W. "Very low-income household* means a household earning a gross income equal
22 to fifty (50%) percent or less of the median income for San Diego County as determined
annually by the U.S. Department ot Housing and Urban Development.
23 SECTION 4: That Section 21.85.040.A of the Carlsbad Municipal Code Is
24 'amended to read as follows:
A. All residential developments are subject to and must satisfy the inclusionary
26 housing requirements of this chapter, notwithstanding a developer's request to process a
residential development under other program requirements, laws or regulations, including but
27 not limited to Chapter 21.86 (Residential Density Bonus) of this code. If an applicant seeks to
construct affordable housing to qualify for a density bonus In accordance with the provisions of
28
City of Carlsbad LCPA 1-06D
Density Bonus
Page 34
1 Chapter 21.86 (Residential Density Bonus), those affordable dwelling units that qualify a
residential development for a density bonus are in addition to, and do not count toward
2 satisfying, the inclusionary housing requirements of this chapter. '.'.', '
3 SECTION 5: That Section 21.85.050 of the Carlsbad Municipal Code is amended
4 to read as follows:
5 21.85.050 Calculating the required number of Inclusionary units.
Subject to adjustments for an Inclusionary credit, the required number of lower-income
6 inclusionary units shall be fifteen (15%) percent of the total residential units, approved by the
final decision-making authority. If the inclusionary units are to be provided within an offsite
7 combined or other project, the required number of lower Income inclusionary units shall be
fifteen (15%) percent of the total residential units to be provided both onsite and/or offsite.
8 Subject to the maximum density allowed per the growth management control point or per
specific authorization granted by the planning commission or city council, fractional units for
9 both market rate and inclusionary units of .5 will be rounded up to a whole unit. If the rounding
calculation results in a total residential unit count which exceeds the maximum allowed, neither
10 the market rate nor the inclusionary unit count will be increased to the next whole number.
Example 1: Total residential units = 15% Inclusionary units plus 85% Market rate units. If
H the final decision making authority approves 100 total residential units, then the Inclusionary
requirement equals 15% of the Total* or 15 units (100 x .15 = 15). The allowable market rate
12 units would be 85% of the Total* or 85 units.
Example 2: If the inclusionary units are to be provided offsite, the total number of
13 inclusionary units shall be calculated according to the total number of market rate units
approved by the final decision-making authority. If 100 market rate units are approved, then this14 total is divided by .85 which provides a total residential unit count (100 + .85 = 117). The 15%
requirement is applied to this Total* (117 units) which equals the inclusionary unit requirement15 (117 x.15 = 17.6 units).
16 SECTION 6: That Section 21.85.060 of the Carlsbad Municipal Code is amended
to read as follows:
18 21.85.060 Inclusionary credit adjustment. *
,o Certain types of affordable housing are relatively more desirable in satisfying the city's
state-mandated affordable housing requirement as well as the city's housing element goals,
2Q objectives and policies, and these may change over time.
To assist the city in providing this housing, developers may receive additional (more than
21 one unit) credit for each of such units provided, thereby reducing the total inclusionary housing
requirement to less than fifteen (15%) percent of all residential units approved. A schedule of
22 inclusionary housing credit specifying how credit may be earned shall be adopted by the city
council and made available to developers subject to this chapter.
23 SECTION 7: That Section 21.85.100 of the Carlsbad Municipal Code is amended
24 'to read as follows:
25 21.85.100 Offsets to the cost of affordable housing development.
26 The city shall consider making offsets available to developers when necessary to enable
residential projects to provide a preferable product type or affordabillty in excess of the
27 requirements of this chapter. Offsets will be offered by the city to the extent that resources and
programs for this purpose are available to the city and approved for such use by the city council,
28
City of Carlsbad LCPA 1-06D
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1 and to the extent that the residential development, with the use of offsets, assists in achieving
the city's housing goals. To the degree that the city makes available programs,10 provide
2 offsets, developers may make application for such programs. Evaluation of requests for pffs&ts
shall be based on the effectiveness of the offsets in achieving a preferable product type JrtO/or
3 affordabllity objectives as set forth within the housing element; the capability of the development
team; the reasonableness of development costs and justification of subsidy needs; and the
4 extent to which other resources are used to leverage the requested offsets. Nothing in this
chapter establishes, directly or through implication, a right to receive any offsets from the city or
5 any other party or agency to enable the developer to meet the obligations established by this
chapter. Any offsets approved by the city council and the housing affordabllity to be achieved
6 by use of those offsets shall be set out within the affordable housing agreement pursuant to
Section 21.85.140 or, at the city's discretion in a subsequent document. Furthermore,
7 developers are encouraged to utilize local, state or federal assistance, when available, to meet
the affordability standards set forth in Sections 21.85.030 and 21.85.040.
8
SECTION B: That Section 21.85.130.B of the Carlsbad Municipal Code Is9
amended to read as follows:10
B. Within thirty days of receipt of the preliminary application by the planning director11 for projects not requesting offsets or indusionary credit adjustments, or ninety days for projects
requesting offsets or indusionary credit adjustments the department shall provide to an12 applicant, a letter which identifies project Issues of concern, the offsets and Indusionary credit
adjustments that the community development director can support when making a13 recommendation to the final decision-making authority, and the procedures for compliance with
this chapter. The applicant shall also be provided with a copy of this chapter and related14 policies, the pertinent sections of the California codes to which reference is made in this chapter
and all required application forms.
SECTION 9: That Section 21.85.140.A of the Carlsbad Municipal Code is16
amended to read as follows:
A, Developers subject to this chapter sjjall demonstrate compliance with this
chapter by executing an affordable housing agreement prepared by the city housing and
redevelopment director and submitted to the developer for execution. Agreements which1 conform to the requirements of this section and which do not involve requests for offsets and/or
_n an indusionary credit, other than those permitted by right, if any, shall be reviewed by theM affordable housing policy team and approved by the community development director or his
21 designee. Agreements which involve requests for offsets and/or an indusionary credit, gther
than those permitted by right, shall require the recommendation of the housing commission and
22 action by the city council as the final decision-maker. Following the approval and execution by
all parties, the affordable housing agreement with approved site development plan shall be
23 recorded against the entire development, including market-rate tots/units and the relevant terms
and conditions therefrom filed and subsequently recorded as a-separate deed restriction or
24 regulatory agreement on the affordable project individual lots or units of property which are
designated for the location of affordable units. The approval and execution of the affordable
25 housing agreement shall take place prior to final map approval and shall be recorded upon final
map recordation or, where a map is not being processed, prior to the issuance of building
26 permits for such lots/units. The affordable housing agreement may require that more specific
project and/or unit restrictions be recorded at a future time. The affordable housing agreement
27 shall bind all future owners and successors In Interest for the term of years specified therein.
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City of Carlsbad LCPA 1-06D
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1 SECTION 10: That Section 21.85.140.B.1 of the Carlsbad Municipal Code is
2 amended to read as follows: •_ ,1 '
3 1. The number of inclusionary dwelling units proposed, with specific calculations
detailing the application of any inclusionary credit adjustment;
4
SECTION 11: That Chapter 21.86 of the Carlsbad Municipal Code is amended to
5
read as follows:
6
Chapter 21.86
7 RESIDENTIAL DENSITY BONUS AND INCENTIVES OR CONCESSIONS
8 Sections:
21.86.010 Purpose and intent.
9 21.86.020 Definitions.
21.86.030 Inclusionary housing.
10 21.86.040 Density bonus for housing developments.
21.86.050 Incentives and concessions for housing developments.
11 21.86.060 Waiver or reduction of development standards.
21.86.070 Density bonus and incentives for condominium conversions.
12 21.86.080 Housing developments with child day care centers.
21.86.090 Density bonus housing standards.13 21.86.100 Affordability tenure.
21.86.110 Application process.
14 21.86.120 Findings for approval.
21.86.130 Density bonus housing agreement
15 21.86.140 Agreement processing fee.
21.86.150 Separability of provisions.lu
21.86.010 Purpose and intent.17 A. The public good Is served when there exists in a city, housing which is
appropriate for the needs of and affordable to all members of the public who reside within that18 city. Among other needs, there is in Carlsbad a need for housing affordable to lower-income
g households and senior citizens. Therefore, it is in the public interest for the city to promote thely construction of such additional housing through the exercise of its powers and the utilization of
_0 Its resources.
B. It is the purpose of this chapter to provide a means for granting density bonuses
21 and incentives or concessions to developers for the production of housing affordable to lower-
and moderate-income households, and senior Citizens.
22 C. It Is the purpose of this chapter to implement the goals, objectives, and policies of
the housing element of the city's general plan. •
23 D. It is the purpose of this chapter to implement Sections 6S915 through 65917 of
the California Government Code.
24 E. Nothing in this chapter Is intended to create a mandatory duty on behalf of the
city or its employees under the Government Tort Claims Act and no cause of action against the
2j city or its employees is created by this chapter that would not arise independently of the
provisions of this chapter.
25 F, Nothing in this chapter shall be construed to supersede or in any way alter or
lessen the effect or application of the California Coastal Act
27 21.86.020 Definitions.
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City of Carlsbad LCPA 1-06D
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1 A. Whenever the following terms are used in this chapter, they shall have the
meaning established by this section: ,
2 1. "Affordable housing' means housing for which the allowable housing expanses
paid by a qualifying household shall not exceed a specified fraction of the county mfaian
3 income, adjusted for household size, as follows:
a. Extremely low-income, rental and for-sale units: the product of 30% times 30% of
4 the county median income, adjusted for household size.
b. Very low-income, rental and for-sale units: the product of 30% times 50% of the
5 county median income, adjusted for household size.
c. Low-income, rental units: the product of 30% times 60% of the county median
6 income, adjusted for household size.
d. Low-income, for-sale units: the product of 30% times 70% of the county median
7 income, adjusted for household size.
e. Moderate-income, for-sale units: allowable housing expenses shall not be less
8 than 28% of the gross income of the household, nor exceed the product of 35% times 110% of
the county median income, adjusted for household size.
9 2. "Allowable housing expense* means the total monthly or annual recurring
expenses required of a household to obtain shelter. For a for-sale unit, allowable housing
10 expenses include loan principal and interest at the time of initial purchase by the homebuyer,
allowances for property and mortgage insurance, property taxes, homeowners association dues
11 and a reasonable allowance for utilities as defined by the Cods of Federal Regulations
(24CFR982). For a rental unit, allowable housing expenses include rent and a utility allowance
12 as established and adopted by the city of Carlsbad housing authority, as well as all monthly
payments made by the tenant to the lessor in connection with use and occupancy of a housing
13 unit and land and facilities associated therewith, including any separately charged fees, utility
charges, or service charges assessed by the lessor and payable by the tenant.
14 3. "Child day care center" shall have the same meaning as defined in Section
21.83.020.0 of this title.15 4. "Common interest development" means any of the following (as defined In
Section 1351 of the California Civil Code):16 a. A community apartment project,
b. A condominium project.17 c. A planned development.
.- d. A stock cooperative. —18 5. "Conversion" means the change of occupancy of a dwelling unit from owner-
occupied to rental or vice versa.
6. "Density bonus" means an increase over the maximum allowable residential
... density as specified by the land use element of the general plan in effect at the time of
application submittal.
21 7. "Density bonus dwelling units" means those residential unijs granted pursuant to
the provisions of this chapter, which are above the maximum allowable residential density of the
22 project site.
8. "Density bonus housing agreement' means a legally binding agreement between
23 a developer and the city to ensure that the density bonus requirements of this chapter are
satisfied. The agreement establishes, among other things, the number of target dwelling units
24 and density bonus dwelling units, the unit sizes, location, aftordabillty tenure, terms and
conditions of affordability and unit production schedule.
25 9. "Development standard" means site or construction conditions/requirements that
apply to a housing development pursuant to any ordinance, general plan element, master or
25 specific plan, or other city requirement, law, policy, resolution or regulation.
10. 'Extremely low-Income household" means those households whose gross
27 income is equal to or less than 30% of the median income for San Diego County as determined
annually by the U.S. Department of Housing and Urban Development.
28
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1 11. "Housing development* means one or more groups of projects for residential
units, consisting of the following: /
2 a. The construction of 5 or more residential units; or ' ,
b. A subdivision or common interest development consisting of 5 or more residential
3 units or unimproved lots; or
c. A project to either substantially rehabilitate and convert an existing commercial
4 building to residential use, or substantially rehabilitate an existing two-family or multiple-family
dwelling structure^), where the result of rehabilitation would be a net Increase in available
5 residential units.
12. "Incentives or concessions" means such regulatory incentives or concessions as
6 stipulated in State Government Code Section 65915(1), to include, but not be limited to, the
reduction of site development standards or zone code requirements, approval of mixed use
7 zoning in conjunction with the housing project, or any other regulatory incentive which would
result in identifiable, financially sufficient, and actual cost reductions to enable the provision of
8 housing affordable to the designated Income group or qualified (senior) resident.
13. "Income" means any monetary benefits that qualify as income in accordance with
9 the criteria and procedures used by the city of Carlsbad housing and redevelopment department
for the acceptance of applications and recertificatiohs for the Tenant Based Rental Assistance
10 Program, or its successor.
14. "Low-Income household" means those households whose gross income is more
11 than 50% but does not exceed 80% of the median income for San Diego County as determined
annually by the U.S. Department of Housing and Urban Development.
12 is. "Lower-income household" means low-income, very low-income and extremely
low-income households, whose gross Income does not exceed 80% of the median income for
13 San Diego County as determined annually by the U.S. Department of Housing and Urban
Development.14 18. "Market-rate unit" means a dwelling unit where the rental rate or sales price is not
restricted either by this chapter or by requirements Imposed through other local, state, or federal15 affordable housing programs.
17. "Maximum allowable residential density" means the maximum density of the16 density range allowed by the residential general plan designation(s) applicable to a project site.
18. "Moderate-Income household" means those households whose gross income Is17 more than 80% but does not exceed 120% of the median income for San Diego County as
determined annually by the U.S. Department of Housing^nd Urban Development.18 19. "Qualifying resident" means a resident as defined in Chapter 21.84 of this title
and Section 51.2 of the California Civil Code.
ly 20. "Target dwelling unit" means a dwelling unit that will be offered for rent or sale
exclusively to and which shall be affordable to the designated income group or qualified (senior)/u resident, as required by this chapter.
... 21. 'Total units" means the number of dwelling units in a housing development,
excluding the density bonus (dwelling units.
22 22. "Very tow-Income household" means a household earning a gross income equal
to 50% or less of the mediar income for San Diego County as determined annually by the U.S.
23 Department of Housing and Urban Development.
24 21.86.030 Inclusionary housing. '
A. All housing development projects are required to provide affordable housing units
25 In accordance with chapter 21.85 (Inclusionary Housing). If an applicant seeks to construct
affordable housing to qualify for a density bonus In accordance with the provisions of this
26 chapter, those affordable dwelling units that qualify a housing development for a density bonus
are in addition to, and do not count toward satisfying the Inclusionary Housing requirements of
27 chapter 21.85.
28
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i
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.86.040 Density bonus for housing developments.
A. The decision-making body shall grant one density bonus, as specified in Section
21.86.040.B, and incentives or concessions, as set forth in Section 21.86.050, when an
applicant of a housing development of at toast 5 units seeks and agrees to construct'aflSast
any one of the following:
1. A minimum of 10% of the total units of the housing development as restricted and
affordable to lower-income households; or
2. A minimum of 5% of the total units of the housing development as restricted and
affordable to very low-income households; or
3. A senior citizen housing development as defined in Section 21.84.030.A.7 of this
title and Section 51.3 of the California Civil Code, or mobilehome park that limits residency
based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of
the California Civil Code; or
4. A minimum of 10% of the total units in a common interest development restricted
and affordable to moderate-income households, provided that all units in the development are
offered to the public for purchase.
B. When an applicant seeks and agrees to construct a housing development
meeting the criteria specified in Section 21.86.040.A, the decision-making body shall grant a
density bonus subject to the following:
1. The amount of density bonus to which a housing development is entitled shall
vary according to the amount by which the percentage of affordable housing units exceeds tbe
percentages established in Section 21.88.040A as follows:
a. For housing developments meeting the criteria of Section 21.86,040.A.1, the
density bonus shall be calculated as follows:
TABLE A
DENSITY BONUS FOR HOUSING DEVELOPMENTS WITH UNITS AFFORDABLE TO LOW-
INCOME HOUSEHOLDS
Percentage of Low-Income Units
(Minimum 10% required)
10
11
12
13
14
15
16
17
18
' 19
20
Percentage of Density Bonus to be Granted
(Additional 1 .5% density bonus for each 1 %
Increase above the 10% minimum)
20
21.5
23
" 24.S
26
27.5
29
30.5
32
33.5
35
b. For housing developments meeting the criteria of Section 21.86.040.A.2, the
density bonus shall be calculated as follows:
TABLE B '
DENSITY BONUS FOR HOUSING DEVELOPMENTS WITH UNITS AFFORDABLE TO VERY
LOW-INCOME HOUSEHOLDS
Percentage of Very Low-Income Units
5
6
7
B
Percentage of Density Bonus to be Granted
20
22.5
25
27.5
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9
10
11
30
32.5
35 • . " '
c. For housing developments meeting the criteria of Section 21 .86.040.A.3, the
density bonus shall be 20%.
d. For housing developments meeting the criteria of Section 21.86.040.A.4, the
density bonus shall be calculated as follows:
TABLE C
DENSITY BONUS FOR COMMON INTEREST DEVELOPMENTS WITH UNITS AFFORDABLE
TO MODERATE-INCOME HOUSEHOLDS
Percentage of Moderate-Income Units
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Percentage of Density Bonus to be Granted
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
•* 27
28
29
30
31
32
33
34
35
2. The amount of density bonus to which a housing development is entitled shall not
exceed 35%.
3. The applicant may elect to accept a lesser percentage of density bonus than
specified in Section 21 .86.040.8.
4. It a housing development includes a combination of target dwelling unit types that
meet two or more of the criteria specified in Section 21.86.040.A, the applicant shall elect one
applicable density bonus.
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City of Carlsbad LCPA 1-06D
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i
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C. When an applicant lor a tentative subdivision map, parcel map, or other housing
development approval donates land to the city, as provided for in this subsection, trie applicant
shall be entitled to a density bonus lor the entire development, as follows: ', . *• -'Kifci-i
TABLE D
DENSITY BONUS FOR LAND DONATION
Percentage of Very Low-Income Units
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Percentage of Density Bonus to be Granted
15
16
17
18
19
20
21
22
23
24 •
25
26
27
28
29
30
31
32
33
34
35
1. A density bonus granted pursuant to this subsection shall not exceed 35%.
2. If an applicant seeks both the density bonus required pursuant to this subsection
and Section 21.86.040.A, both density bonuses shall be granted up to a maximum combined
density bonus of 35%.
3. An applicant shall be eligible for the density bonus described in this subsection
only if all of the following conditions are met: m
a. The land is donated and transferred to the city no later than the date of approval
of the final subdivision map, parcel map, or housing development application.
b. The developable acreage, zoning classification and general plan land use
designation of the land being donated are sufficient to permit construction of the units affordable
to very low-income households In an amount not less than 10% of the number of residential
units of the proposed development
c. The transferred land is at least one acre in size or of sufficient size to permit
development of at least 40 units, has the appropriate zoning classification and general plan land
use designation, and is or will be served by adequate public facilities and infrastructure.
d. The land shall have appropriate zoning and development standards to make the
development of the affordable units feasible.
e. No later than the date of approval of the final subdivision map, parcel map, orhousing development, the transferred land shall have all of the permits and approvals, other
than building permits, necessary for the development of the very low-income housing units on
the transferred land, except that the city may subject the proposed development to subsequent
design review to the extent authorized by subdivision (I) of Section 65583.2 of the California
Government Code if the design is not reviewed by the city prior to the time of transfer.
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1 f. The transferred land and the affordable units shall be subject to a deed restriction
ensuring continued affordabillty of the units consistent with Section 21.86.100, which shall be
2 recorded on the property at the time of dedication. '.-.'. '
g. The land is transferred to the city or to a housing developer approved by thlrcity.
3 The city may require the applicant to identify and transfer the land to the developer.
h. The transferred land shall be within the boundary of the proposed development
4 or, If the city agrees, within one-quarter mile of the boundary of the proposed development.
F. In cases where an applicant requests a density bonus of more than what is
5 specified in this section, the city council may grant the requested additional density bonus,
subject to the following:
6 1. The project meets the requirements of this chapter.
2. The additional density bonus shall be considered an incentive, in accordance
7 with Section 21.86.050 of this chapter.
3. The city council may require some portion of the additional density bonus units
8 to be designated as target dwelling units.
G. The city council may grant a proportionately lower density bonus than what is
9 specified by this section for developments that do not meet the requirements of this chapter.
H. The density bonus dwelling units granted pursuant to this chapter shall not be
10 included when determining the number of housing units required by this chapter to be reserved
for income restricted households.
11 I. When calculating the density bonus, or the required number of target dwelling
units, any calculations resulting in fractional units shall be rounded up to the next whole unit.12 J. For the purposes of calculating a density bonus, the residential units in a housing
development do not have to be based upon Individual subdivision maps or parcels.13 K. The density bonus units shall be permitted in geographic areas of the housing
development other than the areas where the units for lower-Income households are located.
14 L. A density bonus housing agreement shall be made a condition of the
discretionary permits (i.e., tentative maps, parcel maps, planned unit developments,15 condominium permits, site development plans and redevelopment permits) for all housing
developments that request a density bonus and incentives or concessions. The relevant terms16 and conditions of the density bonus housing agreement shall be filed and recorded as a deed
restriction on those Individual lots or units of a project development which are designated for the17 location of target dwelling units. The density bonus housing agreement shall be consistent with
... Section 21.86.130 of this chapter. .lo
|Q 21.86.050 Incentives and concessions for housing developments.
A. When an applicant requests a density bonus pursuant to Section 21.86.040.A,
,0 the decision-making body shall grant incentives or concessions, subject to the following:
1. An applicant shall submit a proposal lor any specific incentives or concessions
2| requested pursuant to this section.
2. The decision-making body shall grant the incentive(s) or concession(s) requested
„ by the applicant unless, based upon substantial evidence, either of the following findings are
made in writing:
23 a. The incentive or concession is not required in order to provide for affordable
housing as defined in Section 21.86.020.A.1.
24 b. The Incentive or concession would have a specific adverse impact upon public
health and safety or the physical environment, or on any real property that Is listed In the
25 California Register of Historical Resources, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. As used in this paragraph, and as
26 defined in paragraph (2) of subdivision (d) of Section 65569.5 of the California Government
Code, a "specific, adverse impact* means a significant, quantifiable, direct, and unavoidable
27 impact, based on objective, identified written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed complete.
28
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City of Carlsbad LCPA 1-06D
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1 3. The applicant shall receive the following number of incentives or concessions:
a. One incentive or concession for projects that include at least 10% pf the total
2 units for lower-income households, at least 5% for very low-Income households, or,at least 10%
for persons and families of moderate-income in a common interest development.
3 b. Two Incentives or concessions for projects that include at least 20% of the total
units for lower-Income households, at least 10% for very low-income households, or at least
4 20% for persons and families of moderate-income in a common interest development.
c. Three incentives or concessions for projects that include at least 30% of the total
5 units for lower-income households, at least 15% for very low-income households, or at least
30% for persons and families of moderate-Income in a common interest development.
6 4. An incentive or concession may include any of the following:
a. A reduction in site development standards or a modification of zoning code or
7 architectural design requirements (excluding State Building Standards), that results in
identifiable, financially sufficient, and actual cost reductions. A reduction/modification to
8 standards or requirements may include, but is not limited to, a reduction in minimum lot size,
setback requirements, and/or in the ratio of vehicular parking spaces that would otherwise be
9 required.
b. Approval of mixed use zoning in conjunction with the housing development if j)
10 commercial, office, industrial, or other land uses will reduce the cost of the housing
development; and ii) the commercial, office, industrial, or other land uses are compatible with
1' the housing development and the existing or planned future development in the area where the
proposed project will be located.
12 c. Other regulatory incentives or concessions that result in identifiable, financially
sufficient, and actual cost reductions.
13 d. The city council may, but is not required to, provide direct financial incentives,
including the provision of publicly owned land, or the waiver of fees or dedication requirements.
14 5. The applicant shall show that the requested incentive(s) or concessions) will
result in identifiable, financially sufficient, and actual cost reductions.
21.86.060 Waiver or reduction of development standards.
16 A. In addition to the incentives or concessions permitted by Section 21.86.050, an
applicant may seek a waiver or reduction of development standards that will have the effect of
17 precluding the construction of a housing development meeting the criteria of Section
21.86.040.A at the densities or with the Incentives or concessions permitted by this Chapter.
18 1. The applicant shall show that the requested waiver or reduction of development
standards is necessary to make the housing units economically feasible.
l' Z. The applicant shall provide.evidence that the development standard(s) requested
„ to be waived or reduced will have the effect of precluding the construction of a housing
development at the densities or with the incentives or concessions permitted by this Chapter;
21 and •*B. The decision-making body shall grant the requested waiver or reduction of
22 development standards, unless, based upon substantial evidence, any of the following findings
are made in writing:
23 1. The waiver or reduction of development standards is not necessary to make the
housing units economically feasible.
24 2. The development standard(s) requested to be waived or reduced will not have
the effect of precluding the construction of a housing development at the densities or with the
2 j incentives or concessions permitted by this Chapter.
3. The requested waiver or reduction of development standards would have a
26 specific adverse impact upon public health and safety or the physical environment, or on any
real property that is listed in the California Register of Historical Resources, and for which there
27 is no feasible method to satisfactorily mitigate or avoid the specific adverse Impact. As used in
this subsection, and as defined In paragraph (2) of subdivision (d) of Section 65589.5 of the
28
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City of Carlsbad LCPA 1-06D
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1 California Government Code, a "specific, adverse impact* means a significant, quantifiable,
direct, and unavoidable impact, based on objective, identified written public healtji or safety
2 standards, policies, or conditions as they existed on the date the application* was deemed
complete. '"'*-
3
21.86.070 Density bonus and incentives for condominium conversions.
4 A. When an applicant proposes to convert apartments to condominiums, the
decision-making body shall grant either a density bonus or other incentives of equivalent
5 financial value, as set forth in Section 21.86.050.A., if the applicant agrees to provide the
following:
6 1. A minimum of 33% of the total units of the proposed condominium conversion
project as restricted and affordable to low-Income or moderate-income households; or
7 2. A minimum of 15% of the total units of the proposed condominium conversion
project as restricted and affordable to lower-income households.
8 B. For purposes of this section "density bonus" means an increase in units of 25%
over the number of apartments, to be provided within the existing structure or structures
9 proposed for conversion.
C. For purposes of this section, "other incentives of equivalent financial value" shall
10 not be construed to require the city to provide monetary compensation, but may include the
waiver or reduction of requirements that might otherwise apply to the proposed condominium
11 conversion project.
D. The density bonus dwelling units shall not be included when determining the12 number of housing units required to be reserved for Income restricted households.
E. When calculating the density bonus, or the required number of target dwelling
13 units, any calculations resulting in fractional units shall be rounded up to the next whole unit.
F. Nothing in this section shall be construed to require that the city approve a
14 proposal to convert apartments to condominiums.
G. An applicant/developer proposing to convert apartments to condominiums shall
" be Ineligible for a density bonus or other incentives under this section if the apartments
proposed for conversion constitute a housing development for which a density bonus or other16 incentives were provided under Sections 21.86.040 and 21.86.050.
H. A density bonus housing agreement shall be made a condition of the
17 discretionary permits (tentative maps, parcel maps, planned unit developments and
condominium permits) for all condominium conversion gcoposals that request a density bonus or18 other incentives. The relevant terms and conditions of the density bonus housing agreement
|g shall be filed and recorded as a deed restriction on those Individual lots or units of a projectly development which are designated for the location of target dwelling units. The density bonus
„ housing agreement shall be consistent with Section 21.86.130 of this chapter.
... 21.86.080 Housing developments with child day care centers.
A. When an applicant proposes to construct a housing development that conforms
22 to the requirements of Section 21.86.040.A, and Includes a child day care center that will be
located on the premises of, as part of, or adjacent to, the project, the following provisions shall
23 aPPly:1. The decision-making body shall grant either of the following:
24 a. An additional density bonus that is an amount of square feet of residential space
that is equal to or greater than the amount of square feet in the child day care center, or
25 b. An additional incentive or concession that contributes significantly to the
economic feasibility of the construction of the child day care center.
26 2. The decision-making body shall require, as a condition of approval of the housing
development, that the following occur:
27
28
-14-
27
28
City of Carlsbad LCPA 1-06D
Density Bonus
Page 45
1 a. The child day care center shall remain in operation for a period of time that is as
long as or longer than the period of time during which the target dwelling units are required to
2 remain affordable, pursuanttoSection21.86.lOO; and , ." '
b. Of the children who attend the child day care center, the children of very10W-,
3 lower-, or moderate-income households shall equal a percentage that is equal to or greater than
the percentage of dwelling units that are required for very low-, lower-, or moderate-incoms
4 households pursuant to Section 21 .S6.040.A.
3. Notwithstanding any requirement of this section, the decision-making body shall
5 not be required to provide an additional density bonus, incentive or concession tor a child day
care center if it finds, based on substantial evidence, that the community has an adequate
6 number of child day care centers.
7 21.86.090 Density bonus housing standards.
A. Required target dwelling units shall be constructed concurrent with market rate
8 dwelling units unless both the final decision-making authority of the city and the
developer/applicant agree within the density bonus housing agreement to an alternative
9 schedule for development.
B. Whenever feasible, target dwelling units and density bonus dwelling units should
10 be built on-site (within the boundary of the proposed development) and, whenever reasonably
possible, be distributed throughout the project site.
11 c. Whenever feasible, target dwelling units should be located on sites that are in
proximity to, or will provide access to, employment opportunities, urban sen/ices, or major roads
12 or other transportation and commuter rail facilities (i.e., freeways, bus lines) and that are
compatible with adjacent land uses.
13 D. Whenever feasible, target dwelling units should vary In size and number of
bedrooms, in response to affordable housing demand priorities of the city.
14 E. Density bonus projects shall comply with all applicable development standards,
except those which may be modified as an incentive or concession, or as otherwise provided for
15 in this chapter. In addition, all units must conform to the requirements of the applicable building
and housing codes. The design of the target dwelling units shall be reasonably consistent or16 compatible with the design of the total project development in terms of appearance, materials
and finished quality.17 F. No building permit shall be Issued, nor any development approval granted, for a
development which does not meet the requirements gj this chapter. No target dwelling unit
18 shall be rented or sold except In accordance with this chapter.
G. Upon the request of the applicant, the parking ratio (inclusive of handicap and19 guest parking) for a housing development that conforms to the requirements of Section
21.86.040.A shall not exceed the ratios specified In Table E, below. If the applicant does not
request the parking ratios specified in Table E or the project does not conform to the
,. requirements of Section 21.86.040.A, the parking standards specified in ^Chapter 21.44 shall
.apply.
,, 1. If the total number of parking spaces required for a development is other than a
whole number, the number shall be rounded up to the next whole number.'
,, 2. For purposes of this section, a housing development may provide "on-site"
parking through tandem parking or uncovered parking, but not through on-street parking.
24 3. The applicant may request additional parking incentives or concessions beyond
those provided in this section, subject to the findings specified In Section 21.86.050.A.2.
25 TABLES
26 | PARKING RATIO FOR HOUSING DEVELOPMENTS
Dwelling Unit Size
0-1 bedrooms
2-3 bedrooms
On-Site Parking Ratio
1 space per unit
Z spaces per unit
-15-
City of Carlsbad LCPA 1-06D
Density Bonus
Page 46
j 1 4 or more bedrooms I 2.5 spaces per unit
2 21.86.100 Affordability tenure. ', ." '
A. All low- and very low-income dwelling units that qualified the housing projecTfbr a
3 density bonus shall remain restricted and affordable to the designated group for a period of at
least 30 years, or a longer period of time If required by the construction or mortgage financing
4 assistance program, mortgage insurance program, or rental subsidy program.
B. All moderate-income dwelling units directly related to the receipt of a density
5 bonus for a common interest development shall be subject to the following:
1. The initial occupant(s) of the target dwelling unit(s) shall be persons and families
6 of moderate-Income, and the units shall be offered at an affordable housing cost that does not
exceed the allowable housing expenses for a moderate-Income household.
7 2. Unless in conflict with the requirements of another public funding source or law,
the target dwelling unit(s) shall be subject to an equity sharing agreement that specifies:
8 a. Upon resale, the sefler of the unit shall retain the value of any improvements, the
down payment, and the seller's proportionate share of appreciation.
9 b. Upon resale, the city shall recapture any Initial subsidy and Its proportionate
share of appreciation, which shall then be used within 3 years for any of the purposes described
10 in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote
homeownership.
11 I. For the purposes of this subsection, the city's initial subsidy shall be equal to the
fair market value of the home at the time of initial sale minus the initial sale price to the
12 moderate-income household, plus the amount of any down payment assistance or mortgage
assistance. If upon resale the market value la lower than the Initial market value, then the value
13 at the time of the resale shall be used as the Initial market value.
ii. For the purposes of this subsection, the city's proportionate share of appreciation14 shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of
Initial sale.15 3. If the city provides a direct financial contribution to a common Interest
development through participation in cost of infrastructure, write-down of land costs, or
16 subsidizing the cost of construction, the target dwelling unit(s) shall remain affordable to the
designated income group for at least 30 years.17 C. For rental projects, the city or its designee shall have a one-time first right of
refusal to purchase any project containing affordable^inlts offered for sale at the end of the18 minimum tenure of affordability. The first right of refusal to purchase the rental project shall be
submitted In writing to the housing and redevelopment director. Within 90 days of Its receipt,ly the city shall Indicate Its Intent to exercise the first right of refusal for the purpose of providing
affordable housing.
_. 21.86.110 Application process.
A. The granting oi a density bonus, incentive or concession, pursuant to this
22 chapter, shall not be interpreted, in and of itself, to require a general plan amendment, zone
code amendment, local coastal plan amendment, zone change, or other discretionary approval,
-j B. Preliminary Application. A preliminary application may be submitted prior to the
submittal of any formal development application for a housing project that includes a request for
24 a density bonus, incentive(s) or concession(s). The preliminary application should include the
following information:
25 1. A brief description of the proposal including the number of target dwelling units
and density bonus units proposed;
26 2. The zoning, general plan designations and assessors parcel numbers) of the
project site;
27 3. A site plan, drawn to scale, which includes: building footprints, driveway and
parking layout, existing contours and proposed grading; and
28 -16-n
City of Carlsbad LCPA 1-06D
Density Bonus
Page 47
1 4. A letter identifying what specific density bonus, Incentives or concessions (e.g.,
standards modifications, additional density bonus, or fee waiver, etc.) are being requested of the
2 city. .; '
5. The planning department shall provide to an applicant/developer, a lettefThat
3 identifies project Issues of concern and the procedures for compliance with this chapter.
C. Formal application. A request for a density bonus, incentlve(s) or concession(s),
4 pursuant to this chapter, does not require a discretionary approval. The request shall be
processed as part of the development applications for a housing development, as otherwise
5 required In other sections of this code (e.g., site development plan, tentative map, parcel map,
planned unit development, conditional use permit, redevelopment permit, etc.).
6 1. If the project involves a request for direct financial incentives from the city, then
any action by the planning commission on the application shall be advisory only, and the city
7 council shall have the authority to make the final decision on any discretionary permits related to
the project.
8 2. The following information shall be included with the development applteaton(s)
required for the project:
9 a. A legal description of the total site proposed for development of the target
dwelling units including a statement of present ownership and present and proposed zoning;
10 b. A letter signed by the present owner stating what specific density bonus,
incentives, or concessions (e.g., standards modifications, additional density bonus, or fee11 waiver, etc.) are being requested from the city;
c. A detailed vicinity map showing the project location and such details as the
12 location of the nearest commercial retail, transit stop, potential employment locations, park or
recreation facilities or other social or community service facilities;
13 d. Site plans, designating the total number of units proposed on the site, including
the number and location of target dwelling units and density bonus dwelling units, and
14 supporting plans per the application submittal requirements;
e. In the case of a request for any incentive(s) or ooncession(s), a pro forma for the15 proposed project to justify the request, in accordance with the provisions of section 21.86.050;
f. In the case of a request for a waiver or reduction of development standards,16 pursuant to section 21.86.060, a pro forma for the proposed project showing that the waiver or
reduction is necessary to make the housing units economically feasible, and evidence that the
17 development standard being waived or reduced will have the effect of precluding the
construction of the development at the densities or witryhe concessions or incentives permitted18 by this chapter.
. g. In the case of a condominium conversion request, a report documenting thely following Information for each unit proposed to be converted:
„- i. the monthly Income of tenants of each unit throughout the prior year, and
^ ii. the monthly rent for each unit throughout the prior year, and
2, iii. t vacancy information for each unit throughout the prior year.
,2 21.86.120 Findings for approval.
A. ' When a project involves a request for a density bonus, incentive(s) or
2-j concession^), the following findings shall be made as part of the approval of the development
application(s) required for the project:
24 1. The project is consistent with the provisions of this ahapter.
2. The requested incentive(s) or concession(s) will result in Identifiable, financially
2j sufficient, and actual cost reductions;
3. In cases where an applicant requests a waiver or reduction of development
26 standards, pursuant to section 21.86.080, the requested waiver or reduction of development
standard(s) is necessary to make the housing units economically feasible.
27 4. The requested Incentive(s) or concession(s), and/or waiver(s) or reductlon(s) of
development standards, if any, will not result in an adverse impact, as defined in paragraph (2)
28
City of Carlsbad LCPA 1-06D
Density Bonus
Page 48
1 of subdivision (d) of Section 65589.5 of the California Government Code, to the public health
and safety, the environment, or on any real property that is listed in the California Register of
2 Historical Resources; or, if the request will result in an adverse impact, then the request maybe
approved if the following finding is made: ~*~~
3 a. There is no feasible method to satisfactorily mitigate or avoid the specific adverse
impact,
4 5. In cases where an applicant requests to convert apartment units tc
condominiums, the condominium conversion project shall not result in a reduction in the
5 affordable housing stock for lower-income groups, as of most recent Inventory.
6 21.86.130 Density bonus housing agreement.
A. Applicants/developers, requesting a density bonus, incentives or concessions
7 pursuant to this chapter, shall demonstrate compliance with this chapter by executing a density
bonus housing agreement prepared by the city housing and redevelopment director and
8 submitted to the developer for signature.
B. Density bonus housing agreements for projects involving a request for direct
9 financial incentives- from the city shall be subject to city council approval; otherwise, the
agreement shall be subject to the approval of the community development director.
10 C. Following the approval and the signing by all parties, the completed density
bonus housing agreement, with approved site development plan, shall be recorded against the
11 entire development, including market-rate lots/units; and the relevant terms and conditions
therefrom filed and recorded as a deed restriction or regulatory agreement on those individual
12 lots or units of a property which are designated for the location of target dwelling units.
D. The approval and signing by all parties of the density bonus housing agreement13 shall take place prior to final map approval, and the agreement shall be recorded concurrent
with the final map recordation or, where a map is not being processed, prior to Issuance of14 building permits for such tots or units.
E. The density bonus housing agreement shall be binding to all future owners and
" successors in interest.
F. A density bonus housing agreement for a housing development or condominium
*° conversion project processed pursuant to this chapter shall include, but not be limited to, the
following:17 1. The number of density bonus dwelling units granted;
2. The number and type (e.g., restricted tojpwer- or moderate-income households)18 of target dwelling units proposed;
. 3. The unit size(s) (square footage) of target dwelling units and the number of1 bedrooms per target dwelling unit;
., 4. The proposed location of the target dwelling units;1 5. Schedule for production of target dwelling units; .
,. 6. Incentives or concessions provided by the city;
7. Where applicable, tenure and conditions governing the initial sale of for-sale
22 target units; and
8. Where applicable, tenure and conditions establishing rules and procedures for
23 qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for
rental target dwelling units.
24 9. Where applicable, requirements for other documents to be approved by the city,
such as marketing, leasing and management plans; financial assistance/loan documents; resale
25 agreements; and monitoring and compliance plans.
25 21.86.140 Agreement processing fee.
A. The city council may establish by resolution, fees to be paid by the applicant to
27 defray the city's cost of preparing and/or reviewing all density bonus housing agreements.
28
-18-
City of Carlsbad LCPA 1-06D
Density Bonus
Page 49
1 21.86.150 Separability of provisions.
A. If any provision of this chapter or the application thereof to any, person or
2 circumstances Is held Invalid, the remainder of the chapter and the application of .the provision
to other persons not similarly situated or to other circumstances shall not be affected therelSy:
SECTION 12: That the findings of the Planning Commission as set forth in
4 Planning Commission Resolution No. 5879 constitute the findings of the City Council.
5
6
7
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9
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19 "'
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22. '"
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28 •19-
City of Carlsbad LCPA 1-06D
Density Bonus
Page 50
1
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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 if 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 shatt not become
effective within the City's Coastal Zone until LCPA 04-17 is approved by the California Coastal
Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 2151. day of March 2006, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 28th day of March 2006, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Packard, Sigafoose
NOES: Hone
ABSENT: Council Member Hall
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY•" '
ATTEST:
-20-
This space is for the County Clerk's Filing Stamp
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer
of
North County Times
Formerly known as the Blade-Citizen and The Times-
Advocate and which newspapers have been
adjudicated newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree number 171349, for the
County of San Diego, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpariel), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
April 25th, 2008
Proof of Publication of
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, be-. cause your interest may be affected, that theCity Council of the City of Carlsbad will holda public hearing at the Council Chambers, 1200Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Tuesday, May 6, 2008, to consider adoptingthe California Coastal Commission's suggested mort-ifications to Local Coastal Program Amendment (LC-PA) 04-17 (Density Bonus Amendment); said sug-gested modifications consist of an amendment to theInclusionary Housing and Density Bonus regulationsin the Zoning Ordinance (ZCA 04-10A/LCPAD4-17A).
Those persons wishing to speak on this proposal arecordialfy invited to attend the public hearing. Copiesof the agenda bill will be available on and after May 2,2008. If you have any questions, please call JenniferJesser in the Planning Department at (760) 602-4637.
The time within which you may judicially challengethis Zone Code Amendment and/or Local CoastalProgram Amendment, if approved, is established bystate law and/or city ordinance, and is very short. Ifyou challenge the Zone Code Amendment and/or Lo-cal Coastal Program Amendment in court, you maybe limited to raising only those issues you or some-one else raised at the public hearing described in thisnotice or in written correspondence delivered to theCity of Carlsbad. Attn: City Clerk's Office, 1200 Carls-bad Village Drive, Carlsbad, CA 92008, at or prior tothe public hearing.
CASE FILE: ZCA 04-10A/LCPA 04-17A
OASf3UGC; NAME: DENSITY BONUS AMENDMENTIESTED MODIFICATIONS
PUBLISH: APRIL 25, 2008 NCT 2143941
CITY OF CARLSBADCITY COUNCIL
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at SAN MARCOS California
This 25th, day of April, 2008
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
The Coast News
Decreed A Legal Newspaper by the Superior Court
of San Diego County.
Mail all correspondence regarding public
notice advertising to
The Coast News, P.O. Box 232-550,
Encinitas, CA 92023 (760) 436-9737
Proof of Publication
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the
county aforesaid;
I am over the age of eighteen years, and not a party to or
interested in the above entitled matter.
1 am principal clerk of the printer of The Coast News, a
newspaper printed and published weekly and which news-
paper has been adjudged a newspaper of general circulation
for the cities of Del Mar, Solana Beach, Encinitas/Cardiff,
Carlsbad, Oceanside, San Marcos/Vista and the County
Judicial District by the Superior Court of the State of
California, County of San Diego (8/4/94, #677114, B2393,
P396); and that the notice, of which the annexed is a print-
ed copy, has been published in, each regular and entire issue
of said newspaper and not in any supplement thereof on the
following dates, to-wit:
April 25th. 2008
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Encinitas, County of San Diego, State of
California on trfc25jiiiay of April, 2008.
Clerk of the Printer
Space above for County Clerk's Filing Stamp
CITY OF CARLSBAD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest
may be affected, that the City Council of the City of Carlsbad
will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, May 6,
2008, to consider adopting the California Coastal Commission's suggested
modifications to Local Coastal Program Amendment (LCPA) 04-17 (Density
Bonus Amendment); said suggested modifications consist of an amendment to
the Inclusionary Housing and Density Bonus regulations in the Zoning
Ordinance (ZCA 04-1OA/LCPA 04-17A).
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. Copies of the agenda bill will be available on and after May
2, 2008. If you have any questions, please call Jennifer Jesser in the Planning
Department at (760) 602-4637.
The time within which you may judicially challenge this Zone Code
Amendment and/or Local Coastal Program Amendment, if approved, is estab-
lished by state law and/or city ordinance, and is very short. If you challenge
the Zone Code Amendment and/or Local Coastal Program Amendment in
court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice or in written correspon-
dence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: ZCA 04-1 OA/LCPA 04-17A
CASE NAME:
DENSITY BONUS AMENDMENT SUGGESTED MODIFICATIONS
CN 5863, April 25, 2008
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SACRAMENTO CA 95825
BUSINESS, TRANS & HSG AGENCY
STE2450
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SACRAMENTO CA 95814
CA COASTAL COMMISSION
STE103 _-
7575 METROPOLITAN OR
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CANNEL ISLANDS NATL PARK
SUPERINTENDENT'S OFFICE
1901 SPINNAKER DR
SAN GUENA VENTURA CA 93001
CITY OF ENCINITAS
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ENCINITAS^A92024
COASTAL CONSERVANCY
STE 1100
1330 BROADWAY
OAKLAND CA 94612
COUNTY OF SD
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1600 PACIFIC
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LOS ANGELES DISTENG
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901 MARKET ST
SAN FRANCISCO CA 94103
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600 HARRISON ST
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RM700
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SD COUNTY
PLANNING & LAND
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I DIEGO CA 92123
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COM
STE 2600
50 CALIFORNIA ST
SAN FRANCISCO CA 941114704
SDGE
8315 CENTURY PARK CT
SAN DIEGO CA 92123
SANDAG
EXEC DIRECTOR
STE 800
1STINTLJ3t£T%IBST
DIEGO CA 92101
STATE LANDS COMMISSION
STE 1005
100 HOWE AVE
SACRAMENTO CA 958258202
STATE LANDS COMMISSION
STE100S
100 HOWE AVE
SACRAMENTO CA 95825
US ARMY CORPS OF ENGINEER
STE 702
333 MARKET ST
SAN FRANCISCO CA 941052197
US BUREAU OF LAND MGMT
STE RM W
2800 COTTAGE WY
SACRAMENTO CA 95825
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MID PACIFIC REG
2800 COTTAGE WY
SACRAMENTO CA 95825
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430 GST
DAVIS CA 95616
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255 PICO AVE
SAN MARCOS CA 92069
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ENCINITAS CA 92024
SAN DIEGUITO SCHOOL DIST
701 ENCINITAS BLVD
ENCINITAS CA 92024
LEUCADIA WASTE WATER DIST
TIM JOCHEN
1960 LA COSTA AVE
CARLSBAD CA 92009
OLIVENHAIN WATER DIST
1966OLIVENHAINRD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AVE
ENCINITAS CA 92024
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
CITY OF VISTA
600 EUCALYPTUS AVE
VISTA CA 92084
VALLECITOS WATER DIST
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
CALIF DEPT OF FISH & GAME
4949VIEWRIDGEAVE
SAN DIEGO CA 92123
REGIONAL WATER QUALITY
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
SD COUNTY PLANNING
STEB
5201 RUFFIN RD
SAN DIEGO CA 92123
LAFCO
1600 PACIFIC HWY
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AIR POLLUTION CNTRL DIST
10124 OLD GROVE RD
SAN DIEGO CA 92131
SANDAG
STE 800
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CARLSBAD CA 92011
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RECREATION
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PUBLIC WORKS/ENGINEERING
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Coastal CommissionSuggested Modifications to Density Bonus AmendmentZCA 04-10A/LCPA 04-17A
Description•Request:– City Council accept and administer the Coastal Commission’s suggested modifications to the Density Bonus Amendment (LCPA 04-17)
Background• March 21, 2006– City Council approved an amendment to the Density Bonus regulations (ZCA 04-10/LCPA 04-17)– Not effective within Coastal Zone• March 6, 2008– Coastal Commission approved LCPA 04-17– Approval subject to suggested modifications
Suggested Modifications• Amend Inclusionary Housing Chapter– Any “offset” must be consistent with the LCP land use plan, except density• Amend Density Bonus Chapter– Require a finding of consistency w/the LCP land use plan, except density– Clarify that lands identified as “undevelopable”in the General Plan, Zoning Ord., or LCP are excluded from density calculations
BIA Concerns• Adding language to clarify that “undevelopable” lands are excluded from density calculations– Language is consistent with how City currently calculates density– Concerned that Coastal Commission may use the language to restrict a developer’s ability to receive density bonus
Response to BIA Concerns• Suggested modifications:– Do not change or conflict with how the City currently calculates density– Do not add additional restrictions to a density bonus application– Do not change how the City would currently review and consider a density bonus application
Response to BIA Concerns• How Coastal Commission interprets code language– Most requests for a density bonus would not be subject to Coastal Commission approval– Density Bonus law is a State law• City and Coastal Commission must comply with it–Consistent with the Coastal Act• Suggested modifications do not conflict with density bonus law
Recommendation• Suggested Modifications are minor in nature and do not conflict with any City policy or regulation• Introduce Ordinance No. NS-889– Accepting and administering the suggested modifications