HomeMy WebLinkAbout2011-12-06; City Council; 20749; SDU RENT RESTRICTIONSCITY OF CARLSBAD - AGENDA BILL
20.749AB#
MTG. 12/6/11
DEPT. CED
SOU RENT RESTRICTIONS
ZCA11-04/LCPA11-05
DEPT. DIRECTOR^
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
That the City Council hold a public hearing and INTRODUCE Ordinance No. CS-166 . APPROVING
an amendment to the City of Carlsbad Zoning Ordinance (ZCA 11-04), and ADOPT Resolution No.
2011-274 , APPROVING a Local Coastal Program Amendment (LCPA 11-05), for consistency with ZCA
11-04, based upon the findings contained therein.
ITEM EXPLANATION:
Project
ZCA 11 -04
LCPA 11 -05
Planning
Commission
RA
RA
City
Council
X
X
Coastal
Commission
**
•
RA = Recommended adoption/approval
X = Final City decision-making authority
• = Requires Coastal Commission approval
** = Will not become effective until the Coastal Commission approves LCPA 11-05
This proposal involves a City-initiated Zone Code Amendment and Local Coastal Program Amendment
to amend the second dwelling unit rent restriction regulations located within Chapter 21.10 of the Zoning
Ordinance. The Planning Commission voted on July 21, 2010 to recommend that the City Council direct
staff to prepare an amendment to the Zoning Ordinance to relieve Second Dwelling Units (SDUs) that
are built for reasons other than to satisfy the Inclusionary Housing Ordinance (IHO) from low income rent
restrictions. At its May 17, 2011 workshop, the City Council concurred with this recommendation and
directed staff to prepare the necessary amendments. This amendment does not apply to SDUs provided
to satisfy the city's IHO.
On October 19, 2011, a public hearing was held by the Planning Commission to consider the proposed
amendments to the Zoning Ordinance and Local Coastal Program (ZCA 11-04/LCPA 11-05). No
members of the public spoke in regard to the project, and the Planning Commission voted 7 - 0 to
recommend approval of the proposed amendments. Staff's analysis of the proposed amendments is
contained in the Report to the Planning Commission, dated October 19, 2011 (Exhibit 4).
FISCAL IMPACT:
The only anticipated fiscal impact would be from staff time required to complete the amendment process
through the Coastal Commission.
DEPARTMENT CONTACT: Corey Funk 760-602-4645 corey.funk(a)carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
XD
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
D
D
D
Page 2
ENVIRONMENTAL IMPACT:
The proposed amendments are exempt from environmental review pursuant to CEQA Section
15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment." Amending the zoning
ordinance to exclude non-inclusionary second dwelling units from low income rent restrictions will not
result in a significant effect on the environment.
EXHIBITS:
1. City Council Ordinance No. CS-166
2. City Council Resolution No. 2011-274
3. Planning Commission Resolutions No. 6836 and 6837
4. Planning Commission Staff Report dated October 19, 2011
5. Excerpts of the Planning Commission Minutes dated October 19, 2011.
2
1 ORDINANCE NO. CS-166
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
3 AMENDMENT TO AMEND THE SECOND DWELLING UNIT
RENT RESTRICTIONS LOCATED WITHIN CHAPTER 21.10 OF
4 THE ZONING ORDINANCE.
CASE NAME: SOU RENT RESTRICTIONS
5 CASE NO.: ZCA 11 -04/LCPA 11 -05
6 The City Council of the City of Carlsbad, California, does ordain as follows:
7 SECTION 1: That sub-section 21.10.030.D.7 (R-1 One Family Residential Zone,
8 Second dwelling units) is amended to read as follows:
9 7. An owner signed and notarized a Notice of Restriction, to be recorded against
the property, declaring that:
10 a. The property owner(s) shall reside in either the main dwelling unit or the second
dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit;
11 b. The obligations and restrictions imposed on the second dwelling unit per this
Chapter are binding on all present and future property owners.
SECTION 2: That sub-section 21.10.030.E.15 (R-1 One Family Residential Zone,
Second dwelling units) is hereby repealed.
14
SECTION 3: That second dwelling units approved under section 21.10.030 prior to the
effective date of this ordinance shall be released from rental rate and/or tenant income16
restrictions imposed as a condition of their approval; except however, that unit rental rate and/or
tenant income restrictions imposed on second dwelling units in accordance with chapter 21.8518
(Inclusionary Housing) or other affordable housing assistance program, shall continue to be in
force and effect according to the terms of said program.
71 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
22 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
2^ published at least once in a publication of general circulation in the City of Carlsbad within
24 fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
25 effective until LCPA 11-05 is approved by the California Coastal Commission.)
26 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
27 Council on the 6- day of December 2011, and thereafter.
28
1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carlsbad on the day of 2011, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6 ABSTAIN:
7
8 APPROVED AS TO FORM AND LEGALITY
9
10 RONALD R. BALL, City Attorney
11
12
MATT HALL, Mayor
13
14 ATTEST:
15
16 LORRAINE M. WOOD, City Clerk
17 (SEAL)
18
19
20
21
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-2-
EXHIBIT 2
1 RESOLUTION NO. 2011-274
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
3 THE CARLSBAD LOCAL COASTAL PROGRAM TO AMEND THE
SECOND DWELLING UNIT RENT RESTRICTIONS LOCATED
4 WITHIN CHAPTER 21.10 OF THE ZONING ORDINANCE.
CASE NAME: SDU RENT RESTRICTIONS
5 CASE NO.: LCPA11-05
6 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
7
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
8
Commission did on October 19, 2011, hold a duly noticed public hearing as prescribed by law to
9
consider the Zone Code Amendment (ZCA 11-04), as referenced in Planning Commission
Resolution No. 6836, and Local Coastal Program Amendment (LCPA 11-05), as referenced in
Planning Commission Resolution No. 6837; and
WHEREAS, the Planning Commission adopted Planning Commission
Resolutions No. 6836 and 6837 recommending to the City Council that ZCA 11-04 and LCPA
11-05 be approved; and15
WHEREAS, the City Council of the City of Carlsbad, on the 6th day ofcecember16
, 2011, held a duly noticed public hearing to consider the Zone Code Amendment and
Local Coastal Program Amendment; and18
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 Zone Code Amendment and Local Coastal Program Amendment.
22 NOW, THEREFORE, the City Council of the City of Carlsbad, California does
2i hereby resolve as follows:
24 1. That the above recitations are true and correct.
25 2. That the findings of the Planning Commission in Planning Commission
Resolutions No. 6836 and 6837 constitute the findings of the City Council in this matter.
^f\
3. That the amendment to the Local Coastal Program (LCPA 11-05), is
27 approved as shown in Planning Commission Resolution No. 6837, on file with the City Clerk and
incorporated herein by reference.
28
1 4. That the approval of LCPA 11-05 shall not become effective until it is
approved by the California Coastal Commission and the California Coastal Commission's
2 approval becomes effective.
3 "NOTICE TO APPLICANT"
4 The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
5 Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
6 this decision becomes final; however, if within ten days after the decision becomes final a
request for the record is filed with a deposit in an amount sufficient to cover the estimated cost
7 or preparation of such record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the record is either
8 personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk,
9 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.
10 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
11 Carlsbad on the 6th day of December 2011, by the following vote, to wit:
12 AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
13 NOES: None.
14 ABSENT: None.
15
16
17
MATT HALL, Mayor18
19 ATTEST;
20
21/ ' ^RRAINJE M. WOOD, City Clerk
22 (SEAL)
24
25
26
27
28
-2-
EXHIBIT 3
1 PLANNING COMMISSION RESOLUTION NO. 6836
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO AMEND
4 THE SECOND DWELLING UNIT RENT RESTRICTIONS
LOCATED WITHIN CHAPTER 21.10 OF THE ZONING
5 ORDINANCE.
CASE NAME: SOU RENT RESTRICTIONS
6 CASE NO: ZCA11-Q4
7 WHEREAS, the Planning Director has prepared a proposed Zone Code
o Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: amend the second
9 dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance; and
10 WHEREAS, the proposed amendment is set forth in the draft City Council
11
Ordinance, Exhibit "X" dated, October 19, 2011, and attached hereto SDU RENT
12
RESTRICTIONS - ZCA 11-04; and
13
WHEREAS, the Planning Commission did on October 19, 2011, hold a duly
14
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
j 7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
I g relating to the Zone Code Amendment.
19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
20 Commission as follows:
21 A) That the foregoing recitations are true and correct.
22 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of SDU RENT RESTRICTIONS - ZCA 11-
04, based on the following findings:
Findings:
25
1. That the proposed Zone Code Amendment ZCA 11-04 is consistent with the General
26 Plan in that the proposed amendment does not conflict with any goal, objective or
policy of the General Plan and will not impede the city's future ability to meet its
27 share of regional housing needs.
28
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27
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2. That the proposed ZCA 11-04 reflects sound principles of good planning in that it is
consistent with the General Plan and with the procedures and standards of the other
provisions of the Zoning Ordinance that are not proposed for amendment.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on October 19, 2011, by the following vote, to wit:
AYES: Chairperson L'Heureux, Commissioners Arnold, Black,
Schumacher, Scully and Siekmann
NOES:
ABSENT:
ABSTAIN:
•\_r\4c^|rjyyU|3c^^5""
STEPfffiN^HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
0»* S(OM
DON NEU
Planning Director
PC RESO NO. 6836 -2-
Nygaard,
1 PLANNING COMMISSION RESOLUTION NO. 6837
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
4 LOCAL COASTAL PROGRAM TO AMEND THE SECOND
DWELLING UNIT RENT RESTRICTIONS LOCATED WITHIN
5 CHAPTER 21.10 OF THE ZONING ORDINANCE.
CASE NAME: SOU RENT RESTRICTIONS
6 CASE NO: LCPA11-05
7 WHEREAS, California State law requires that the Local Coastal Program,
° General Plan, and Zoning Ordinance applicable to properties in the Coastal Zone be in
conformance; and
WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application
for an amendment to the Local Coastal Program; and
12 . • . .WHEREAS, said verified application constitutes a request for a Local Coastal
13
Program Amendment as shown on Exhibit "X" dated October 19, 2011, attached to Planning
14
Commission Resolution No. 6836 as provided in Public Resources Code Section 30514 and
15
Section 13551 of California Code of Regulations Title 14, Division 5.5; and16
WHEREAS, the Planning Commission did on October 19, 2011, hold a duly
i o noticed public hearing as prescribed by law to consider said request; and
19 WHEREAS, at said public hearing, upon hearing and considering all testimony
20 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
21 relating to the Local Coastal Program Amendment; and
22 WHEREAS, State Coastal Guidelines requires a six-week public review period
23 for any amendment to the Local Coastal Program.
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
26
A) That the foregoing recitations are true and correct.
27
28
1
2
B) At the end of the State-mandated six-week review period, starting on August 26,
2011 and ending on October 7, 2011, staff shall present to the City Council a
summary of the comments received.
3 C) That based on the evidence presented at the public hearing, the Commission
14
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27
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RECOMMENDS APPROVAL of SDU RENT RESTRICTIONS - LCPA 11-
05 based on the following findings:
Findings:
1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Carlsbad Local Coastal Program not being amended by this amendment, in that the
amendments ensure consistency with the Carlsbad Zoning Ordinance, and do not
conflict with any coastal zone regulations, land use designations or policies.
2. That the proposed amendment of the Carlsbad Local Coastal Program is required to bring
it into consistency with the proposed Zone Code Amendment (ZCA 11-04).
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planningi12Commission of the City of Carlsbad, held on October 19, 2011, by the following vote, to wit:
13
AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Schumacher, Scully and Siekmann
NOES:
ABSENT:
17 ABSTAIN:
18
19
20
21
CARLSBAD PLANNING COMMISSION
22"
STEPHEN "HAP" L'HEUREUX, Chairperson
ATTEST:
ilx.
DON NEU
Planning Director
PC RESO NO. 6837 -2-
The City of Carlsbad Planning Division EXHIBIT 4
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: October 19, 2011
Application complete date: N/A
Project Planner: Corey Funk
Project Engineer: N/A
SUBJECT: ZCA 11-04/LCPA 11-05 - SDU RENT RESTRICTIONS - A request for a
recommendation of approval for a Zone Code Amendment and Local Coastal
Program Amendment to amend the second dwelling unit rent restrictions located
within Chapter 21.10 of the Zoning Ordinance.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 6836 and 6837
RECOMMENDING APPROVAL of ZCA 11-04 and LCPA 11-05 based on the findings
contained therein.
II. INTRODUCTION
This proposal involves a City-initiated Zone Code Amendment and Local Coastal Program
Amendment to amend the second dwelling unit rent restriction regulations located within
Chapter 21.10 of the Zoning Ordinance. The purpose of this amendment is to no longer require
certain second dwelling units (SDUs) to be rented at a rate affordable to low income households.
This amendment does not apply to SDUs provided to satisfy the city's Inclusionary Housing
Ordinance (IHO).
The proposed amendments are consistent with applicable portions of the General Plan and
maintain internal consistency within the Zoning Ordinance and the Local Coastal Program
(LCP). With regard to the LCP amendment, the Zoning Ordinance is the LCP implementing
ordinance; therefore an LCP amendment is necessary. However, no portion of the LCP land use
plan document is being amended.
III. PROJECT DESCRIPTION AND BACKGROUND
For the purposes of this report, SDUs can be divided into the following two categories: those
that are built to satisfy the requirements of the IHO (inclusionary SDUs), and those that are not
(non-inclusionary SDUs).
• Inclusionary SDUs are one way to meet the requirements of the IHO. For residential
projects with seven or more dwelling units, the IHO requires 15% of the units to be
affordable to very low and low income households (see Attachment 3 for income
group definitions).
ZCA 11-04/LCPA 11-05 - SDU RENT RESTRICTIONS
October 19, 2011
Page 2
• Non-inclusionary SDUs are typically either (1) added to an existing home by a
homeowner, or (2) built by a developer or owner/builder along with a new single
family home as an amenity.
The Planning Commission voted on July 21, 2010 to recommend that the City Council direct
staff to prepare an amendment to the Zoning Ordinance to exclude SDUs that are not built to
satisfy the IHO from low income rent restrictions. At its May 17, 2011 workshop, the City
Council concurred with this recommendation and directed staff to prepare the necessary
amendments.
As proposed, non-inclusionary SDUs will no longer be subject to any rent restrictions; however,
inclusionary SDUs will continue to be subject to the requirements of the IHO.
As indicated below, the majority of existing SDUs in Carlsbad are inclusionary SDUs:
• Inclusionary SDUs - 176
• Non-inclusionary SDUs - 39
• Total existing SDUs - 215
The Housing and Neighborhood Services Department completes an annual SDU survey, which
shows how SDUs in Carlsbad are being used. Responses to the 2011 SDU survey are indicated
below (215 SDU owners were surveyed and 152 responses were received).
• SDU is rented - 28%
• SDU is used as housing for extended family - 44%
• SDU is used for other purposes (e.g. home office) - 28%
IV. ANALYSIS
A. General analysis
Currently, the Zoning Ordinance requires both types of second dwelling units to be rent
restricted to low income households. As expressed by the Planning Commission during their
July 21, 2010 meeting, the Commission considered the low income rent restriction on non-
inclusionary SDUs to be unnecessarily burdensome on the individual homeowner.
The primary purpose of existing zoning regulations that require all SDUs (non-inclusionary and
inclusionary) to be rented at rates affordable to lower income tenants is to comply with state
housing law, which requires the city to accommodate a minimum number of dwelling units
affordable to moderate and lower income households. The city's Housing Element depends on
the future construction of 80 SDUs (including inclusionary and non-inclusionary) to meet state
requirements for affordable housing. However, the proposed amendment will not adversely
impact the city's ability to comply with state housing law, provided the SDUs are affordable to at
least moderate income tenants.
ZCA 11-04/LCPA 11-05 - SDU RENT RESTRICTIONS
October 19, 2011
Page 3 ; •
If the proposed amendment is approved, owners of non-inclusionary SDUs will be able to rent
the units at a market rate. However, it is estimated by the city's Housing and Neighborhood
Services Department that non-inclusionary SDUs will still be affordable to moderate income
tenants (see Attachment 3) if a market rate rent is charged.1 Therefore, the city will still be able
to comply with the state's affordable housing requirements.
B. General Plan, Zoning Ordinance and Local Coastal Program Consistency
The proposed amendment is minor and procedural in nature. No substantive changes to
development standards, policies or programs are proposed. Staff has analyzed the proposed
amendment and finds that, as demonstrated above, the proposed amendment does not prevent the
city from complying with the state's affordable housing requirements and therefore does not
conflict with the housing element. Additionally, it does not conflict with any other portion of the
General Plan.
An integral component of any Zoning Ordinance amendment is a requirement to find that the
proposed amendments are internally consistent with the procedures and standards of the rest of
the existing Zoning Ordinance that is not proposed for amendment, and that it is consistent with
the Local Coastal Program. Staff has analyzed the proposed amendments and finds that the
amendments are internally consistent with the other provisions of the Zoning Ordinance not
being amended, and that the proposed amendments do not create any conflicts with the
provisions of the Local Coastal Program.
V. ENVIRONMENTAL REVIEW
The proposed amendments are exempt from environmental review pursuant to CEQA Section
15061(b)(3), which exempts projects "where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment."
Amending the zoning ordinance to exclude non-inclusionary second dwelling units from low
income rent restrictions will not result in a significant effect on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 6836 (ZCA)
2. Planning Commission Resolution No. 6837 (LCPA)
3. Income group definitions and limits
4. Strikeout/underline version of the proposed Zoning Ordinance text amendment
' Estimate of market rate rents for SDUs is based on U.S. Dept. of Housing and Urban Development's Fair Market
Rents for San Diego County effective 10/01/2010, San Diego County Apartment Association data and staffs
knowledge of the local housing market.
•13
ATTACHMENTS
ZCA11-04/LCPA 11-05
SDU RENT RESTRICTIONS
INCOME GROUP DEFINITIONS
Very Low (<50% of Area Median Income)
Low (50-80% of Area Median Income)
Moderate (80-120% of Area Median Income)
Above Moderate (> 120% of Area Median Income)
See following page for related income group maximum rents
Source: U.S. Department of Housing and Urban Development H
ATTACHMENTS
SAN DIEGO HOUSING COMMISSION INCOME AND RENT CALCULATIONS
U.S. Department Of Housing and Urban Development 2011 SAN DIEGO MEDIAN INCOME:$74,908
Note: The table contains income limits for 2010 extremely low, very low and lowineofn e, as adjusted for family size and other factors adopted and amended from
time to time bythe U.S. Department of Housing and Urban Development (HUD). HUD adjusted San Diego Very Lowlncome limits for a "high housing cost area"
factor.
family
Size Urit Sii«
ONErwo
THREE
FOUR
FfvE
SIX
SEVEN
EIGHT
STUDIO
I-BR
2-BR
3-BR
4-BR
6-BR
6-8R
Bdremdy Low Income
30% AMI
(Adjusted by HUD)
ANNUAL GROSS
INCOME' RENT1 TCAC?"
$17,200
$19,650
$22,100
$24,550
$26,550
$28,500
$30,450
$32,450
$430
$491
$553
$614
$664
$713
$761
$430
$461
$553
$639
$713
$786
35% AMI
(adjusted by HUD)
ANNUAL GROSS
INCOME' RENT" TCAC*"
$20,050
$22,900
$25,800
$28,650
$30,950
$33,250
$35,550
$37,800
$501
$573
$645
$716
$774
$831
$889
$502
$538
$645
$745
$832
$917
40% AMI
(AdjuaedtyHOD)
ANNUAL GROSS Trarrf
INCOME' RENT* CAC
$22,950
$26,200
$29,500
$32,750
$35,350
$38,000
$40,600
$43,250
$574
$655
$738
$819
$884
$950
$1,015
$574
$615
$738
$852
$951
$1,049
Family
Si 38 Urit Siz*
ONE
rwo
THREE
FOUR
FWE
SIX
SEVEN
EIGHT
STUDIO
1-8R
2-BR
3-BR
4-BR
5-BR
6-BR
\^ry Low Income
50% AMI
(Adjusted by HUD)
ANNUAL GROSS a "Low
INCOME' RENT2 HOME"*
$28,700
$32,800
$36,900
$40,950
$44,250
$47,550
$50,800
$54,100
$718
$820
$923
$1 ,024
$1,106
$1,189
$1 ,270
$717
$768
$922
$1 ,065
$1,188
$1,311
$722
$774
$928
$1 ,073
$1.197
$1 ,321
$1,445
60% AMI
(AljustedbyHUD)
ANNUAL GROSS
INCOME' RENT'
$34,440
$39,360
$44,280
$49,140
$53,100
$57,060
$60,960
$64,920
$861
$984
$1,107
$1 ,229
$1 ,328
$1,427
$1,524
$861
$922
$1,107
$1,278
$1,426
$1 ,573
65% AMI
(AJjuaedbyHUD)
ANNUAL GROSS "H^l
INCOME' RENf HOME""
$37,300
$42,600
$47,950
$53,250
$57,500
$61 ,750
$66,050
$70,300
$933
$1 ,065
$1,199
$1 ,331
$1 ,438
$1 ,544
$1 ,651
$920
$987
$1,187
$1,362
$1,500
$1,637
$1,774
Family
Size Urit Size
ONE
TV»
THREE
FOUR
FWE
SIX
SEVEN
EIGHT
STUDIO
1-BR
2-BR
3-BR
4-BR
6-BR
6-BR
70% AMI
(AijuaedbyHUQ)
ANNUAL GROSS
INCOME' RENT'
$40,150
$45,900
$51 ,600
$57,350
$61 ,950
$66,550
$71,100
$75,700
$1,004
$1,148
$1 ,290
$1 ,434
$1 ,549
$1 ,664
$1 ,778
Low Income
80% AMI
(Adjusted by HUD)
ANNUAL GROSS
INCOME' RENT2
$45,850
$52,400
$58,950
$65,500
$70,750
$76,000
$81 ,250
$86,500
$1,146
$1,310
$1,474
$1,638
$1 ,769
$1 ,900
$2,031
100%
£rea Median hcoms (No
HUDadjustmsnt)
ANNUAL GROSS
INCOME' RENT"
$52,450
$59,900
$67,400
$74,900
$80,900
$86,900
$92,900
$98,850
$1 ,31 1
$1 ,498
$1,685
$1 ,873
$2,023
$2,1 73
$2,323
120% AMI
(No HUD adjustment)
ANNUAL GROSS
INCOME' RENT2
$62,950
$71 ,900
$80,900
$89,900
$97,100
$104,300
$111,500
$118.650
$1 ,574
$1 ,798
$2,023
$2,248
$2,428
$2,608
$2,788
' TC AC = Tax Credit Allocation Committee
1. Annual Income = Gross annual income adjusted by family size for Area Median Income (AMI) level. May contain additional adjustments as determinec
annually by HUD.
2. Gross rent minus utility allowance - maximum cash rent. See the "San Diego Housing Commission Utility j^lowance Scfiedule" to calculate the utility allovwice
based on the project's actual utility mix.
3. For projects vMth multiple funding sources, use the lov>«st rents applicable and/or apply HUDs MTSP "Hold Harmless" policy.
"LowHOME" and "High HOME" rents effective July 13, 2011
Note: Due to the Housing and Economic Recovery M of 2008 the data presented in this chart may not be applicable to projects financed vvth Section 42
Lowlncome Housing Tax Credits (LIHTC) or section 142 tax exempt private equity bonds (MTSP). If you believe your affordable housing project is affected bythis
change and have questions regarding the 2011 Rent & Income limits, please contact Irma Betancourt at irmab@sdhc.org.
This general income and rental rate information is derived from the U.S. Department of Housing and Urban Development very low income figures
published May 31, 2011 (revised June 30, 2011 for San Diego County). HOME Rents effective July 13, 2011.
S:WShare\NOFAW«tl& Utility ChartstfOl 1
Source: U.S. Department of Housing and Urban Development
ATTACHMENT 4
ZCA 11-04/LCPA 11-05
SDU RENT RESTRICTIONS
STRIKE-OUT/UNDERLINE1
Section 21.10.030 (R-l One Family Residential Zone, Second dwelling units) is proposed to be amended
as follows:
21.10.030 Second dwelling units.
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 that city. Among
other needs, there is in Carlsbad a need for affordable rental housing. Therefore, it is in the
public interest for the city to promote a range of housing alternatives in order to meet the
affordable rental housing needs of its citizens. This section is intended to provide a rental
housing alternative by establishing a procedure to create new second dwelling units.
B. The provisions of this section shall apply to single-family zones R-A, R-E and R-
1, areas designated by a master plan for single-family detached dwellings in P-C zones and lots
within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single-
family residences.
C. Second dwelling units developed within the coastal zone require a minor coastal
development permit issued according to the provisions of Section 21.201.085 and a building
permit. Second dwelling units outside of the coastal zone require a building permit.
D. The completed minor coastal development permit and/or building permit
application for a second dwelling unit shall include the following information:
1. The name(s) of the owner(s);
2. The address of the dwelling units;
3. The assessor's parcel number;
4. Building elevations and a general floor plan of the second dwelling unit;
5. A scaled drawing showing the lot dimensions, the location of the primary and
second dwelling unit, location of all vehicular parking and the total square footage
of both units;
6. Description and location of water and sanitary (sewer) services; and
7. An owner signed and notarized a Notice of Restriction, to be recorded against the
property, declaring that: in conformance with 21.10.030.E. 15 of this Chapter.
a. The property owner(s) shall reside in either the main dwelling unit or the second
dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit;
b. The obligations and restrictions imposed on the second dwelling unit per this
Chapter are binding on all present and future property owners.
1 The version of Section 21.10.030 shown in this exhibit was adopted by the City Council on 7/27/10 as part of ZCA
07-02/ LCPA 07-03, but is still pending approval by the California Coastal Commission and is not yet effective. To
view the version of Section 21.10.030 currently in effect, please see Agenda Bill No. 20,329 for ZCA 01-021 LCPA
07-03 or view the Carlsbad Municipal Code at www. carlsbadca.sov.
ATTACHMENT 4
E. Second dwelling units shall comply with the following:
1. The second dwelling unit shall either be attached to the main dwelling unit and
located within the habitable area of the main dwelling unit or detached from the
main dwelling unit and located on the same lot as the main dwelling unit;
2. The second dwelling unit shall have a separate entrance;
3. The second dwelling unit must meet the setback, lot coverage and other
development standards applicable to the zone which are not addressed within this
subsection. In the coastal zone, any housing development processed pursuant to
this chapter shall be consistent with all certified local coastal program provisions,
with the exception of density, or as otherwise specified within this subsection;
4. Attached second dwelling units shall conform to the height limits applicable to the
zone and detached second dwelling units shall be limited to one story, except that
second dwelling units constructed above detached garages shall be permitted and
shall conform to the height limits applicable to the zone;
5. Garage conversions are prohibited unless replacement off-street garage parking is
provided concurrently and in compliance with the requirements of Chapter 21.44;
6. Second dwelling units shall not be permitted on a lot or parcel having guest or
accessory living quarters, or a residential care facility. Existing guest or accessory
living quarters may be converted into a second dwelling unit provided that all
zoning and structural requirements are met;
7. One additional paved off-street (covered or uncovered) parking space shall be
provided for the second dwelling unit and shall comply with the requirements of
Chapter 21.44. The additional parking space may be provided through tandem
parking (provided that the garage is set back a minimum of twenty feet from the
property line) or in the front yard setback;
8. Adequate water and sewer capacity and facilities for the second dwelling unit
must be available or made available;
9. All necessary public facilities and services must be available or made available;
10. The second unit may be rented and shall not be sold separately from the main
dwelling unit unless the lot on which such units are located is subdivided. The lot
upon which the second unit is located shall not be subdivided unless each lot
which would be created by the subdivision will comply with the requirements of
this title and Title 20; and further provided, that all structures existing on each
proposed lot will comply with the development standards applicable to each lot;
11. The total area of floor space for an attached or detached second unit shall not
exceed six hundred forty square feet;
12. The second dwelling unit shall be architecturally compatible with the main
dwelling unit, in terms of appearance, materials and finished quality;
13. A second dwelling unit which conforms to the requirements of this section shall
be allowed to exceed the permitted density for the lot upon which it is located and
shall be deemed to be a residential use consistent with the density requirements of
the general plan and the zoning designation for the lot;
14. Second dwelling units intended to satisfy an inclusionary requirement shall
comply with the requirements of Chapter 21.85, including but not limited to the applicable rental
rates and income limit standards.
44: The owner shall sign and notarize a Notice of Restriction, to be recorded against
n
ATTACH ME NT 4
the property, declaring that:
&-. —If the second dwelling unit is rented, the monthly rental rate shall not exceed the
allowable housing expense of a low income household (defined: Section 21.85.020).
b-. The property ewner(s) shall reside in either the main dwelling unit or the second
dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit;
fe The obligations and restrictions imposed on the second dwelling unit per this
Chapter are binding on all present and future property owners.
EXHIBIT 5
Planning Commission Minutes October 19, 2011 Page 2
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission approve the minutes from the Regular Meeting of October 5, 2011.
VOTE: 7-0
AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner
Scully, Commissioner Schumacher, and Commissioner Siekmann
NOES: None
ABSENT: None
ABSTAIN: Commissioner Nygaard
Chairperson L'Heureux directed everyone's attention to the slide on the screen to review the procedures
the Commission would be following during the evening's Public Hearing.
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
None.
PLANNING COMMISSION PUBLIC HEARING
Chairperson L'Heureux asked Mr. Neu to introduce the first item.
1. ZCA 11-04/LCPA 11-05 - SOU RENT RESTRICTIONS - A request for a
recommendation of approval for a Zone Code Amendment and Local Coastal Program
Amendment to amend the second dwelling unit rent restrictions located within Chapter
21.10 of the Zoning Ordinance.
Mr. Neu introduced Agenda Item 1 and stated Associate Planner Corey Funk would make the Staff
presentation.
Chairperson L'Heureux opened the public hearing on Agenda Item 1.
Mr. Funk gave a brief presentation and stated he would be available to answer any questions.
Chairperson L'Heureux asked if there were any questions of Staff. Seeing none, he asked if there were
any members of the audience who wished to speak on the item. Seeing none, Chairperson L'Heureux
closed public testimony on the item.
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 6836 and 6837
recommending approval of ZCA 11-04 and LCPA 11-05 based on the findings
contained therein.
VOTE: 7-0
AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner
Nygaard, Commissioner Scully, Commissioner Schumacher, and Commissioner
Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson L'Heureux closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the
next item.
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, December 6, 2011, to
consider approval of a Zone Code Amendment and Local Coastal Program Amendment to
amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning
Ordinance.
Whereas, on October 19, 2011 the City of Carlsbad Planning Commission voted 7-0 to
recommend approval of a Zone Code Amendment and Local Coastal Program Amendment to
amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning
Ordinance.
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 December 2, 2011. If you have
any questions, please contact Corey Funk in the Planning Division at (760) 602-4645 or
corey.funk@carlsbadca.gov.
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 correspondence 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 11-04/LCPA 11-05
CASE NAME: SOU RENT RESTRICTIONS
PUBLISH: November 26, 2011
CITY OF CARLSBAD
CITY COUNCIL
tasy Peel La Deis
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CARLSBAD UNIF SCHOOL DIST
6225 EL CAMINO REAL
CARLSBAD CA 92011
SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AVE
SAN MARCOS CA 92069
ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
SAN DIEGUITO SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
LEUCADIA WASTE WATER DIST
TIM JOCHEN
1960 LA COSTA AVE
CARLSBAD CA 92009
OLIVENHAIN WATER DISTRICT
1966OLIVENHAINRD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
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 DISTRICT
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
STATE OF CALIFORNIA
DEPT OF FISH AND GAME
3883 RUFFIN ROAD
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
SAN DIEGO CA 92101
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
U.S. FISH & WILDLIFE
6010 HIDDEN VALLEY RD
CARLSBAD CA 92011
CA COASTAL COMMISSION
ATTN TON I ROSS
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
AIRPORT LAND USE COMMISSION
SAN DIEGO COUNTY AIRPORT
AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
CARLSBAD CHAMBER OF
COMMERCE
5934 PRIESTLEY DR
CARLSBAD CA 92008
CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING
DEPT- PROJECT ENGINEER
CITY OF CARLSBAD
PROJECT PLANNER
STEVE MACIEJ - BIASD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
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BARONA GROUP OF THE CAPITAN
GRANDE
EDWIN ROMERO, CHAIRPERSON
1095BARONA RD
LAKESIDE CA 92040
BUREAU OF INDIAN AFFAIRS
2800 COTTAGE WAY
SACRAMENTO CA 95825
BUSINESS, TRANS & HSG AGENCY
STE 2450
980 NINTH ST
SACRAMENTO CA 95814
CA COASTAL COMMISSION
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108
CANNEL ISLANDS NATL PARK
SUPERINTENDENT'S OFFICE
1901 SPINNAKER DR
SAN GUENA VENTURA CA 93001
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
COASTAL CONSERVANCY
STE 1100
1330 BROADWAY
OAKLAND CA 94612
COUNTY OF SD
SUPERVISOR
RM335
1600 PACIFIC
SAN DIEGO CA 92101
DEPT OF DEFENSE
LOS ANGELES DISTENG
PO BOX 2711
LOS ANGELES CA 90053
DEPT OF ENERGY
STE 400
611 RYANPLZDR
ARLINGTON TX 760114005
DEPT OF FISH & GAME
ENV SERV DIV
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF FOOD & AGRICULTURE
AGRICULTURAL RESOURCES
RM100
1220NST
SACRAMENTO CA 95814
DEPT OF FORESTRY
ENV COORD
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF HOUSING & URBAN DEV
REGION IX
ENVIRONMENTAL OFFICER
611 WEST SIXTH ST, STE. 811
LOS ANGELES CA 90017
DEPT OF JUSTICE
DEPT OF ATTY GEN
RM700
110 WEST AST
SAN DIEGO CA 92101
DEPT OF TRANSPORTATION
RM 5504
1120NST
SACRAMENTO CA 95814
FED AVIATION ADMIN WESTERN REG
PO BOX 92007
LOS ANGELES CA
FEDERAL ENERGY REGULATORY
COMMISSION
1001ST ST., STE 2300
SAN FRANCISCO CA 941053084
MARINE RESOURCES REG DR & G
ENV SERVICES SPR
STEJ
4665 LAMPSON AVE
LOSALAMITOS CA 907205139
OFF OF PLANNING & RESEARCH
OFF OF LOCAL GOV AFFAIRS
PO BOX 3044
SACRAMENTO CA 958123044
SAN FRANCISCO BAY CONSERV & DEV
COM
STE 2600
50 CALIFORNIA ST
SAN FRANCISCO CA 941114704
SANDAG
EXEC DIRECTOR
STE 800
1STINTLPLZ401 B ST
SAN DIEGO CA 92101
SD COUNTY
PLANNING & LAND USE DEPT
STE B-5
5201 RUFFIN RD
SAN DIEGO CA 92123
SDGE
8315 CENTURY PARK CT
SAN DIEGO CA 92123
STATE LANDS COMMISSION
STE 1005
100 HOWE AV
SACRAMENTO CA 958258202
US ARMY CORPS OF ENGINEER
1455 MARKET ST FL17
SAN FRANCISCO CA 94103
US BUREAU OF LAND MGMT
STE RM W
2800 COTTAGE WY
SACRAMENTO CA 95825
US BUREAU OF RECLAMATION
MID PACIFIC REG
2800 COTTAGE WY
SACRAMENTO CA 95825
US FISH & WILDLIFE SERVICES
2800 COTTAGE WAY
STE W-2605
SACRAMENTO CA 95825
USDA RURAL DEVELOPMENT
DEPT 4169
430 G ST
DAVIS CA 95606
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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:
November 26th, 2011
Proof of Publication of
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
RING
NOTICE IS HEREBY GfV-
EN to you, because your interestmay be affected, that the City Coun-
cil of the City of Carlsbad will hold apublic hearing at the Council Cham-
bers, 1200 Carlsbad Village Drive,
Carlsbad, California, at 6:00 p.m. onTuesday. December gj 2011. to
consider approval of a Zone Code
Amendment and Local Coastal Pro-
gram Amendment to amend the sec-
ond dwelling unit rent restrictionslocated within Chapter 21.10 of the
Zoning Ordinance. •' . .\
Whereas, on October 19, 2011 the
City of Carlsbad Planning Cornmis-,
sion voted 7-0 to recommend ap-
proval of a Zone Coda Amendment
and Local, Coastal Program Amend-
ment to amend the second dwelling
unit rent restrictions located withinChapter21.10oftheZoning
Ordinance.
Those persons wishing to speak on
this proposal are cordially invited toattend the public hearing. Copies of
the agenda bill will be available on
and after December 2, 2011. If you
have any questions, please contact
Corey Funk in the Planning Division
at, 760-602-4645 orcorev.funk@carlsbadca.aov
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 correspondence
delivered to the City of Carlsbad,Attn: City Clerk's Office, 1200 Carls-
bad Village Drive, Carlsbad, CA92008, at or prior to the public
hearing.CASE FILE:
ZCA11-04/LCPA11-05
CASE NAME:
SOU RENT RESTRICTIONS
CITY OF CARLSBAD
CITY COUNCIL
net 2304610 11/26/2011
Dated at Escondido, California
On this 28th, day of November, 2011
Jane AllsRouse
NORTH COUNTY TIMES
Legal Advertising
SDU Rent RestrictionsZCA 11‐04/LCPA 11‐05
Background•Second Dwelling Unit (SDU) categories–Inclusionary SDUs–Non‐inclusionary SDUs•Current regulation–Both SDU types are rent restricted to lower income group–Purpose: Housing Element goals and state law2
Background•Planning Commission concerns–Regulation is burdensome on homeowners of non‐inclusionary SDUs•City Council direction3
Amendment•Remove rent restriction for non‐inclusionary SDUs–Units would now be rented at a market rate•Does not apply to inclusionary SDUs4
Project Consistency•Housing Element–Depends on SDUs to meet goals•Market rate SDUs likely to be affordable to moderate income group•Consistent with the Housing Element–City must accommodate lower and moderate income housing5
Recommendation•That the City Council INTRODUCE Ordinance No. CS‐166 APPROVING Zone Code Amendment ZCA 11‐04, and ADOPTResolution No. 2011‐274, APPROVING Local Coastal Program Amendment LCPA 11‐05 based on the findings contained therein. 6