HomeMy WebLinkAbout2008-05-13; City Council; 19444; Amending the CMC regarding Density BonusCITY OF CARLSBAD - AGENDA BILL 10
AB# 19.444
MTG. 5/13/08
DEPT. Clerk
CALIFORNIA COASTAL COMMISSION
SUGGESTED MODIFICATIONS TO DENSITY
n^tii ic* A ••r'tmBflctiTBONUS AMENDMENT
ZCA 04-10A/LCPA 04-1 7A
DEPT. HEAD V£^
CITY ATTY. U
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. NS-889 amending sections of Chapters 21.85 and 21.86 of the
Carlsbad Municipal Code, accepting and administering the California Coastal Commission's
suggested modifications to the Local Coastal Program 04-17, Density Bonus Amendment,
ZCA 04-10A/LCPA 04-17A.
ITEM EXPLANATION:
Ordinance No. NS-889 was introduced and first read at the City Council meeting held on
May 6, 2008. The second reading allows the City Council to adopt the ordinance, which
would then become effective no sooner than thirty days after its adoption, but not until
approved by the California Coastal Commission. The City Clerk will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 19,429 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. NS-889.
DEPARTMENT CONTACT: Sheila R. Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED 60
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
1 ORDINANCE NO. NS-889
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
a 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
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04-17 be approved; and
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WHEREAS, the City Council did on March 21, 2006, hold a duly noticed public
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hearing as prescribed by law to consider said ZCA 04-10 and LCPA 04-17, and introduced
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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; andlo
19 WHEREAS, the City Council did on March 28, 2006, adopt Ordinance No. NS-
20 794, 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
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
26 California Coastal Act and California Administrative Code; and
97 WHEREAS, the California Coastal Commission suggested modifications are
28 clarifications of the City's proposed zone amendments rather than further amendments as
1 described in Government Code Section 65833 and do therefore not require further review by the
2 City's Planning Commission.
3
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
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follows:
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SECTION 1: That Section 21.85.100 of the Carlsbad Municipal Code, as
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previously approved pursuant to Ordinance No. NS-794, is modified to read as follows:
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21.85.100 Offsets to the cost of affordable housing development.8
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
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.
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.
2Q 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 site26 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.
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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
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
1Q 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.
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.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
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adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
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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
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until approved by the California Coastal Commission.)
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 6th day of May. 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 13th day of May. 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RON>1D R. BALL, City Attorney
ATTES