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HomeMy WebLinkAbout2012-01-24; City Council; 20794; H.E. Program 2.1 Minimum DensitiesCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 20,794 1/24/12 CED GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. Program 2.1 Minimum Densities DEPT. DIRECTORS ^ CITY ATTORNEY CE- CITY MANAGER f |^ RECOMMENDED ACTION: That the City Council hold a public hearing and INTRODUCE Ordinance No. CS-171 APPROVING an amendment to the City of Carlsbad Zoning Ordinance (ZCA 10-04), ADOPT Resolution No. 2012-022 , APPROVING a General Plan Amendment (GPA 10-03) and Local Coastal Program Amendment (LCPA 10-03), and APPROVE an amendment to City Council Policy No. 43, based upon the findings contained therein. ITEM EXPLANATION: Project Planning Commission City Council Coastal Commission GPA 10-03 RA X ** LCPA 10-03 RA X • ZCA 10-04 RA X ** RA = Recommended adoption/approval X = Final City decision-making authority • = Requires Coastal Commission approval ** = Will not become effective until the Coastal Commission approves LCPA 10-03 This proposal involves a city-initiated General Plan Amendment, Zone Code and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 ofthe adopted 2005-2010 Housing Element (GPA 03-02). The proposed amendments would establish a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. The purpose of the new minimum density is to comply with Regional Housing Needs Assessment requirements and state housing element law. Specifically the amendment proposes to increase the minimum density from 11.5 to 12 du/ac for the RMH designation and from 19 to 20 du/ac for the RH designation. The 2005-2010 Housing Element included an analysis of its programs and their compliance with the Growth Management Program and the excess dwelling unit bank, and determined that sufficient excess dwelling units exist in the bank for the implementation of Program 2.1, including the Minimum Densities project. As such, the Minimum Densities project would not cause the Proposition E caps to be exceeded. On December 7, 2010, a public hearing was held by the Planning Commission to consider the proposed amendments to the General Plan, Zoning Ordinance, and Local Coastal Program (GPA 10-03/ZCA 10- 04/LCPA 10-03). No members of the public spoke in regard to the project, and the Planning Commission voted to recommend approval of the proposed amendments (6 - 1 in favor, Scully DEPARTMENT CONTACT: Corey Funk 760-602-4645 corev.funk(S)carlsbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED JB( DENIED • CONTINUED • WITHDRAWN • AMENDED • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • Page 2 opposed). Staff's analysis of the proposed amendments is contained in the Report to the Planning Commission, dated December 7, 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. ENVIRONMENTAL IMPACT: The proposed project falls within the scope of a previously approved Mitigated Negative Declaration (MND) reviewed pursuant to the California Environmental Quality Act (CEQA). Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 2005-2010 Housing Element (GPA 03-02), dated December 22, 2009. The MND for GPA 03-02 evaluated the potential environmental effects of implementing iDortions of Housing Element Program 2.1, including the Minimum Densities project, and the proposed activities would have no effects beyond those analyzed in the MND. EXHIBITS: 1. City Council Ordinance No. CS-171 2. City Council Resolution No._2Q12dQ22 3. Planning Commission Resolutions No. 6848, 6849 and 6850 4. Planning Commission Staff Report dated December 7, 2011 5. Excerpts of the Planning Commission Minutes dated December 7, 2011. EXHIBIT 1 1 ORDINANCE NO. CS-171 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO AMEND CHAPTER 21.53 OF THE ZONING ORDINANCE TO IMPLEMENT A PORTION OF HOUSING 4 ELEMENT PROGRAM 2.1 OF THE ADOPTED 2005-2010 HOUSING ELEMENT (GPA 03-02) AND THEREBY 5 ESTABLISHING A NEW MINIMUM DENSITY IN THE RESIDENTIAL MEDIUM-HIGH DENSITY (RMH) AND 6 RESIDENTIAL HIGH DENSITY (RH) LAND USE DESIGNATIONS. 7 CASE NAME: H.E. PROGRAM 2.1 - MINIMUM DENSITIES CASE NO.: ZCA 10-04 8 " 9 10 11 12 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That sub-section 21.53.230(e) (Uses Generally, Residential density calculations, residential development restrictions on open space and environmentally sensitive lands) is amended to read as follows: (e) The potential unit yield for a property, based on the minimum, growth 13 management control point (GMCP), Regional Housing Needs Assessment (RHNA) Base, or maximum density of the applicable general plan land use designation, shall be subject to the 14 following: 15 (1) Equation used to determine unit yield: developable lot area (in acres) X density unit yield. 16 ' (A) "Density" used in this calculation is the minimum, GMCP, RHNA Base, or 1 ^ maximum density of the applicable general plan land use designation; 1^ (B) The resulting unit yield shall be subject to Table A, below. 1 Q (2) For purposes of this section: (A) "Rounded-up" means rounding the fractional unit yield up to the next whole unit; 21 "'^^ 22 (3) The information contained in Table A, below, shall not preclude the city from 24 approving residential densities above the GMCP, RHNA Base, or maximum density of the applicable land use designation, subject to adopted city policies and regulations. 25 " 26 27 28 (B) "Rounded-down" means rounding the fractional unit yield down to the previous whole unit, but not less than one unit. /// /// /// 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 TABLE A UNIT YIELD ROUNDING Density Used for Calculation Unit Yield Includes a Provisions for Unit Yield Rounding MINIMUM fractional unit of .5 or greater SHALL be rounded-up. ^ MINIMUM fractional unit below .5 MAY be rounded-down. ^ GMCP fractional unit of .5 or greater MAY be rounded-up. ^ GMCP fractional unit below .5 SHALL be rounded-down. RHNA Base' fractional unit of .5 or greater SHALL be rounded-up. RHNA Base' fractional unit below .5 SHALL be rounded-down. ^ MAXIMUM fractional unit SHALL be rounded-down. Notes: 1) Unless the project density is allowed below the minimum of the density range, pursuant to the General Plan. 2) Unit yields rounded-down pursuant to this provision that result in a density below either the minimum density or the RHNA Base density of the applicable land use designation shall be considered consistent with the General Plan. See footnote 4 for the limitations on applying the RHNA Base density. 3) Subject to a fractional and/or whole unit allocation from the "excess dwelling unit bank" and provided the maximum density of the applicable land use designation is not exceeded. 4) The RHNA Base section in Table A does not apply to RH General Plan land use designations in the Beach Area Overlay Zone. In the Beach Area Overlay Zone, the minimum and GMCP densities shall apply. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 24'^ day of January, 2012, and thereafter. /// /// /// /// -2- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2012, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 8 APPROVED AS TO FORM AND LEGALITY 9 12 13 18 19 20 21 22 23 24 25 26 27 28 10 RONALD R. BALL, City Attorney 11 MATT HALL, Mayor 14 ATTEST: 15 16 LORRAINE M. WOOD, City Clerk 1'^ (SEAL) EXHIBIT 2 1 RESOLUTION NO. 2012-022 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDMENT TO 3 THE LAND USE ELEMENT OF THE GENERAL PLAN AND A LOCAL COASTAL PROGRAM (LCP) AMENDMENT TO 4 IMPLEMENT A PORTION OF HOUSING ELEMENT PROGRAM 2.1 OF THE ADOPTED 2005-2010 HOUSING ELEMENT (GPA 5 03-02) AND THEREBY ESTABLISHING A NEW MINIMUM DENSITY IN THE RESIDENTIAL MEDIUM-HIGH DENSITY 6 (RMH) AND RESIDENTIAL HIGH DENSITY (RH) LAND USE DESIGNATIONS. 7 CASE NAME: H.E. PROGRAM 2.1 MINIMUM DENSITIES CASE NO.: GPA 10-03/LCPA 10-03 8 9 follows: 10 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 11 Commission did on December 7, 2011, hold a duly noticed public hearing as prescribed by law 12 to consider the General Plan Amendment (GPA 10-03), as referenced in Planning Commission 13 Resolution No. 6848, Zone Code Amendment (ZCA 10-04) as referenced in Planning 14 Commission Resolution No. 6849, and Local Coastal Program Amendment (LCPA 10-03) as 15 referenced in Planning Commission Resolution No. 6850; and WHEREAS, the Planning Commission adopted Planning Commission 16 18 20 21 22 23 24 25 26 27 28 The City Council of the City of Carlsbad, California, does hereby resolve as 1^ Resolutions No. 6848, 6849 and 6850 recommending to the City Council that GPA 10-03, ZCA 10-04 and LCPA 10-03 be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 24*'' day of January, 2012, held a duly noticed public hearing to consider the General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment. NOW, THEREFORE, the City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. 1 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 6848, 6849 and 6850 constitute the findings of the City Council in this matter. 2 3. That the amendment to the General Plan (GPA 10-03) is approved as 3 shown in Planning Commission Resolution No. 6848. ^ 4. That the amendment to the Local Coastal Program (LCPA 10-03) is 5 approved as shown in Planning Commission Resolution No. 6850. g 5. That the approval of GPA 10-03 shall not be effective until LCPA 10-03 is approved by the California Coastal Commission and the California Coastal Commission's 7 approval becomes effective. 8 6. That the approval of LCPA 10-03 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's 9 approval becomes effective. 10 "NOTICE TO APPLICANT" J J 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 12 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 13 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 14 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 15 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, 16 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24**^ day of January, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. LORRAINE M. WC (SEAL) )D, City Clerl EXHIBIT 3 4 5 6 7 8 9 10 11 12 18 19 20 28 PLANNING COMMISSION RESOLUTION NO. 6848 1 2 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING A DETERMINATION THAT THE PROJECT IS WITHIN THE 5 SCOPE OF A MITIGATED NEGATIVE DECLARATION PREVIOUSLY ADOPTED FOR THE 2005-2010 HOUSING ELEMENT (GPA 03-02) AND RECOMMENDING APPROVAL "7 OF AN AMENDMENT TO THE LAND USE ELEMENT OF 8 THE GENERAL PLAN TO IMPLEMENT A PORTION OF HOUSING ELEMENT PROGRAM 2.1 BY THE ESTABLISHMENT OF A NEW MINIMUM DENSITY IN THE 10 RESIDENTIAL MEDIUM-HIGH DENSITY (RMH) AND 11 RESIDENTIAL HIGH DENSITY (RH) LAND USE DESIGNATIONS. CASE NAME: H.E. PROGRAM 2.1 - MINIMUM 13 DENSITIES 14 CASE NO: GPA 10-03 15 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 16 J y with the City of Carlsbad; and WHEREAS, said verified appHcation constitutes a request for a General Plan Amendment as shown on Exhibit "X" dated December 7, 2011, attached hereto and on file in 21 the Carlsbad Planning Department, H.E. PROGRAM 2.1 - MINIMUM DENSITIES - GPA 22 22 10-03, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the 24 Carlsbad Municipal Code; and 25 26 27 noticed public hearing as prescribed by law to consider said request; WHEREAS, the Planning Commission did, on December 7, 2011, hold a duly WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. ^ B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of H.E. PROGRAM 2.1 - MINIMUM 3 DENSITIES - GPA 10-03, based on the following findings: 9 10 19 20 Findings: 4 5 g 1. That the proposed General Plan Amendment GPA 10-03 is necessary to implement Program 2.1 of the General Plan's Housing Element. Furthermore, the proposed ^ General Plan Amendment is consistent with the following Housing Element goals 8 and policies: Goal 2 - New housing developed with diversity of types, prices, tenures, densities and locations, and in sufficient quantity to meet the demand of anticipated City and 11 regional growth. 12 Policv 2.1 - Ensure sufficient developable acreage in all residential densities to 13 provide varied housing types for households in all economic segments. 14 Policv 2.2 - Allow development of sufficient new housing to meet Carlsbad's share of the regional housing need for 2005-2010 (subsequently extended to 2013) as 16 determined by SANDAG and consistent with this Housing Element. 17 2. The proposed amendment does not affect or conflict with any General Plan 18 regulations, land use designations or policies with which development must comply. The Planning Commission has determined that: 21 a. the project is a subsequent activity of the 2005-2010 Housing Element, for which 22 a Mitigated Negative Declaration was previously adopted; b. the project is consistent with the 2005-2010 Housing Element cited above; 24 25 c. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and 26 27 d. none of the circumstances requiring a Subsequent EIR, Mitigated Negative TO Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist. PC RESO NO. 6848 -2- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on December 7, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher and Siekmann NOES: Commissioner Scully ABSENT: ABSTAIN: STEPHE^TTIXP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Plarming Director PC RESO NO. 6848 -3- Land Use Element Exhibit "X" December 7, 2011 d. Medium-High Density (RMH): Medium-high density residential areas intended to be developed with two-family dwellings and multiple-fannily dwellings, as well as one- family dwellings (developed as two or more detached units on one lot) at a density between 8 to 15 dwelling units per acre. Development of one-family dwellings on individual lots may be approved with a planned development permit, subject to the density range of this designation. e. High Density (RH): High-density residential areas intended to be developed with two- family and multiple-family dwellings, as well as one-family dwellings (developed as two or more detached units on one lot) at a density between 15 to 23 dwelling units per acre. Certain areas of the City designated for planned communities may have several residential desig- nations or combinations of residential designa- tions. To accommodate good design and plan- ning, as well as environmental and topographical factors, planned communities shall be controlled by a master plan. As part of the City's Growth Management Plan, a dwelling unit limitation was established for each quadrant of the City. The City shall not approve any general plan amendment, zone change, tentative subdivision map or other discretionary approval for a development that could result in the development above the limit in any quadrant. To ensure that development does not exceed the limit, the following growth management control points (GMCP) in Table 2 are established for the Land Use Element density ranges. The City shall not approve any residential development at a density that exceeds the growth management control point for the applicable density range without making the following findings: a. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. b. That there have been sufficient developments approved in the quadrant at densities below the control point so the approval will not result in exceeding the quadrant limit. c. All necessary public facilities required by the City's Growth Management Program will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards. Table 2: ALLOWED DWELLING UNITS PER ACRE General Plan Land Use Designation Minimum GMCP RHNA Base* Maximum RL 0 1.0 1,0 1,5 RLM 0 3.2 3,2 4,0 RIVI 4 6.0 6,0 8,0 RMH 8 11.5 12,0 15,0 RH 15 19.0 20,0 23,0 * RHNA Base, discussed below, does not apply to RH designated properties in the Beach Area Overlay Zone, In the Beach Area Overlay Zone, the minimum and GMCP densities shall apply. The residential land use designations in Table 2 indicate MAXIMUM development unit yields. To meet the General Plan goals and objectives, including, but not limited to population goals and environmental considerations, the ACTUAL yield may be less than maximum potentials, but not less than the minimum density of the underlying land use designation; except, density may be approved below the minimum of the density range In the following circumstances: a. When a single, one-family dwelling is constructed on a legal lot that existed as of October 28, 2004. b. When a single, one-family dwelling is constructed on a lot that was created by consolidating two legal nonconforming lots into one lot (this only applies to lots that are nonconforming in lot area). c. When a legal lot is developed with one or more residential units that existed as of October 28, 2004; provided, the existing units are to remain and it is not feasible to construct the number of additional units Page 14 Amended September 14, 2010 Land Use Element needed to meet the minimum density without requiring the removal ofthe existing units. Pursuant to California Government Code Section 65863, the City shall not by administrative, quasi- judicial, or legislative action, reduce, require or permit the reduction of residential density on any parcel to a density below that which was utilized by the California Department of Housing and Community Development in determining compliance with housing element law. For purposes of complying. with Government Code Section 65863, the Regional Housing Needs Assessment (RHNA) Base density for each of the General Plan residential Land Use designations listed in Table 2 above was utilized to determine compliance with housing element law in the 2005- 2010 Housing Element. As such, the City shall not reduce, require, or permit the reduction of residential density on any parcel below its RHNA Base density unless, the City makes written findings supported by substantial evidence of both of the following: a. The reduction is consistent with the adopted general plan, including the housing element. b. The remaining sites identified in the housing element are adequate to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584, or the reduction is necessary to ensure compliance with the dwelling unit limitations set forth in the City's Growth Management Program. As noted in Table 2, the RHNA Base density does not apply to RH designated properties in the Beach Area Overlay Zone. In the Beach Area Overlay Zone, the minimum and GMCP densities shall apply. If a reduction in residential density for any parcel would result in the remaining sites identified in the housing element not being adequate to accommodate the City's share of the regional housing need, the City may reduce the density on that parcel provided it identifies sufficient additional, adequate, and available sites with an equal or greater residential density so that there is no net loss of residential unit capacity. The City shall be solely responsible for compliance with Government Code Section 65863, unless a project applicant requests in his or her initial application, as submitted, a density that would result in the remaining sites in the housing element not being adequate to accommodate the City's share of the regional housing need. In that case, the City may require the project applicant to comply with Government Code Section 65863. For the purposes of determining or requiring compliance with Government Code Section 65863, the submission of an application does not depend on the application being deemed complete or being accepted by the City. Government Code Section 65863 does not apply to parcels that, prior to January 1, 2003, were either 1) subject to a development agreement, or 2) parcels for which an application for a subdivision map had been submitted. Residential density shall be determined based on a number of dwelling units per developable acre of property. The following lands are considered to be undevelopable and shall be excluded from density calculations: a. Beaches; b. Permanent bodies of water; c. Floodways; d. • Slopes with an inclination of greater than 40%; e. Significant wetlands; f. Significant riparian woodland habitats; g. Land subject to major power transmission easements; h. Land upon which other significant environmental features as determined by the environmental review process for a project are located; and i. Railroad track beds. No residential development shall occur on the lands listed above; however, the City Council may permit limited development of such property, if when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. Development on slopes with an inclination of 25% to 40% shall be permitted if designed to minimize the grading and comply with the slope development provisions of the hillside ordinance and the Carlsbad Local Coastal Program. However, only 50% of the area shall be used for density calculations. Page 15 Amended September 14, 2010 13 ^ PLANNING COMMISSION RESOLUTION NO. 6849 2 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO SUB- 5 SECTION 21.53.230(e) OF THE ZONING ORDINANCE TO IMPLEMENT A PORTION OF HOUSING ELEMENT PROGRAM 2.1 BY THE ESTABLISHMENT OF A NEW 7 MINIMUM DENSITY IN THE RESIDENTIAL MEDIUM-HIGH 8 DENSITY (RMH) AND RESIDENTIAL HIGH DENSITY (RH) LAND USE DESIGNATIONS. CASE NAME: H.E. PROGRAM 2.1 - MINIMUM 10 DENSITIES 11 CASE NO: ZCA 10-04 4 5 6 7 8 9 18 19 20 28 WHEREAS, the Planning Director has prepared a proposed Zone Code 12 13 14 Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code relating to Sub- ^ ^ section 21.53.230(e) of the Zoning Ordinance; and 16 ly WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit "Y" dated, December 7, 2011, and attached hereto H.E. PROGRAM 2.1 - MINIMUM DENSITIES - ZCA 10-04; and 21 WHEREAS, the Planning Commission did on December 7, 2011, hold a duly 22 22 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 26 27 relating to the Zone Code Amendment. and arguments, if any, of all persons desiring to be heard, said Commission considered all factors NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of H.E. PROGRAM 2.1 - MINIMUM DENSITIES - ZCA 10-04, based on the following findings: 4 Findings; 1 2 3 1. That the proposed Zone Code Amendment ZCA 10-04 is consistent with the General Plan in that the proposed amendment does not conflict with any goal, objective or policy of the General Plan and implements Program 2.1 of the General Plan's 5 Housing Element. Furthermore, the proposed Zone Code Amendment is consistent g with the following Housing Element goals and policies: 7 Goal 2 - New housing developed with diversity of types, prices, tenures, densities 8 and locations, and in sufficient quantity to meet the demand of anticipated City and regional growth. 9 10 Policv 2.1 - Ensure sufficient developable acreage in all residential densities to 11 provide varied housing types for households in all economic segments 12 Policv 2.2 - Allow development of sufficient new housing to meet Carlsbad's share 13 of the regional housing need for 2005-2010 (subsequently extended to 2013) as 14 determined by SANDAG and consistent with this Housing Element. ^ ^ That the proposed ZCA reflects sound principles of good planning in that it is consistent 16 with the General Plan and ensures internal consistency with the procedures and I y standards of the other provisions of the Zoning Ordinance that are not proposed for amendment. 18 19 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on December 7, 2011, by the following vote, to wit: 20 21 22 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, 22 Schumacher and Siekmann 24 NOES: Commissioner Scully 25 26 27 ABSTAIN: 28 ABSENT: STEPHEir^AP" L'HEtJREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6849 1 2 3 PLANNING COMMISSION RESOLUTION NO. 6850 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 4 APPROVAL OF AN AMENDMENT TO THE CARLSBAD 5 LOCAL COASTAL PROGRAM BY AMENDING SUB- SECTION 21.53.230(e) OF THE CARLSBAD MUNICIPAL CODE TO IMPLEMENT A PORTION OF HOUSING 7 ELEMENT PROGRAM 2.1 REGARDING CALCULATION OF g MINIMUM DENSITY IN THE RESIDENTIAL MEDIUM-HIGH DENSITY (RMH) AND RESIDENTIAL HIGH DENSITY (RH) LAND USE DESIGNATIONS. 10 CASE NAME: H.E. PROGRAM 2.1 - MINIMUM 11 DENSITIES CASE NO: LCPA 10-03 12 13 WHEREAS, California State law requires that the Local Coastal Program, 14 15 16 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 17 18 19 WHEREAS, said verified application constitutes a request for a Local Coastal 20 21 22 Commission Resolution No. 6849, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and 24 22 WHEREAS, the Plarming Commission did on December 7, 2011, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony Zo and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission ofthe City of Carlsbad, as follows: General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and for an amendment to the Local Coastal Program; and Program Amendment as shown on Exhibit "Y" dated December 7, 2011, attached to Planning 12 25 26 27 28 A) That the foregoing recitations are true and correct. 1 2 3 B) At the end ofthe State-mandated six-week review period, starting on October 28, 2011, and ending on December 9, 2011, staff shall present to the City Council a summary of the comments received. 4 5 g C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of H.E. PROGRAM 2.1 - MINIMUM DENSITIES - LCPA 10-04 based on the following findings: Findings: 10 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is ] 1 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies ofthe Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad Zoning Ordinance, and do not 13 conflict with any coastal zone regulations, land use designations or policies, with 14 which development must comply. 15 2. That the proposed amendment of the Carlsbad Local Coastal Program is required to bring 15 it into consistency with the proposed Zone Code Amendment (ZCA 10-03). PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 17 18 j9 Commission of the City of Carlsbad, held on December 7, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, 21 Schumacher and Siekmarm 22 23 24 ABSENT NOES: Commissioner Scully ABSTAIN: STEPHEl^^mP'' L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: (LA. DON NEU Planning Director PC RESO NO. 6850 EXHIBIT 4 The City of Carlsbad Planmng Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 7, 2011 Application complete date: N/A Project Planner: Corey Funk Project Engineer: N/A SUBJECT: GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. PROGRAM 2.1 MINIMUM DENSITIES - A request for a determination that the project is within the scope of a Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and a request for a recommendation of approval for a General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by the establishment of a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. I. RECOMMENDATION That the Planning Commission make a determination that the project is within the scope of a Mitigated Negafive Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and that the Planning Commission ADOPT Planning Commission Resolutions No. 6848, 6849, and 6850 RECOMMENDING APPROVAL of GPA 10-03, ZCA 10-04 and LCPA 10- 03, based on the findings contained therein. II. INTRODUCTION This proposal involves a city-initiated General Plan Amendment, Zone Code and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by the establishment of a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. The purpose of the new minimum density ("RHNA Base Density") is to comply with Regional Housing Needs Assessment (RHNA) requirements and state housing element law. 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). Carlsbad's LCP is consistent with the General Plan, but it is a separate document containing separate land use policies and implementation measures which must also be complied with in addition to the General Plan. 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 as no policies of the LCP are affected by the proposed Zoning Ordinance amendments. III. PROJECT DESCRIPTION AND BACKGROUND State law requires each general plan to have a housing element and that it be periodically updated to reflect a community's changing housing needs. The housing element provides an assessment f5 GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. PROGRAM 2.1 - MINIMUM DENSITIES December 7, 2011 Page 2 of current and future housing needs and a plan with programs designed to address those needs. A jurisdiction's housing need is determined through the Regional Housing Needs Assessment (RHNA), a process mandated by state law. The RHNA represents the future housing growth for the planning period of a housing element, and is divided into four income groups based on county Area Median Income: Very low, Low, Moderate and Above Moderate income groups. Housing Element Program 2.1 of the 2005-2010 Housing Element includes a variety of actions designed to ensure that adequate residential acreage at appropriate densities is available to meet the city's RHNA. One such action is the "Minimum Densities" project, which proposes to establish higher density minimums in order to ensure that the acreage identified by the housing element, for the purpose of complying with state housing element law, will have density levels that were determined to be appropriate for facilitation of housing affordable to lower and moderate income families. Specifically the amendment proposes to increase the minimum density from 11.5 to 12 du/ac for the RMH designation and from 19 to 20 du/ac for the RH designation. With the related actions described below, this project achieves consistency with Carlsbad's General Plan, Zoning Ordinance and Growth Management Program. Proposed findings for approval of the amendment are included in the attached resolutions. • General Plan Amendment (GPA 10-03): proposes to amend Section II.Cl (pages 14 and 15) of the Land Use Element in order to establish the RHNA Base Density within the density ranges allowed by the general plan. The RHNA Base Density increases the minimum densities for the RMH and RH land use designations from 11.5 to 12 du/ac and 19 to 20 du/ac, respectively. The amendment consists primarily of (1) adding the RHNA Base Density to "Table 2: Allowed Dwelling Units Per Acre" in the Land Use Element, which describes the general plan designafions and their allowed density ranges, and (2) additions to the discussion of Califomia Government Code Section 65863, which limits the city's ability to approve housing projects at densities below those used to determine compliance with housing element law. • Zoning Code Amendment (ZCA 10-04): Section 21.53.230 contains the city's method for calculating density, and ZCA 10-04 proposes to amend this section in order to be consistent with GPA 10-03. The amendment consists of adding the proposed RHNA Base Density to the rules governing unit yield and rounding calculations. Local Coastal Program Amendment (LCPA 10-03): the Zoning Ordinance is the LCP implementing ordinance; therefore an LCP amendment is necessary. IV. ANALYSIS General Plan General Plan Amendment (GPA 10-03) proposes to provide revisions to the General Plan Land Use Element which contains the City's residential density requirements. This amendment will primarily add the RHNA Base density requirements to ensure compliance with housing element law (Government Code Section 65863). The amendment proposes to increase the minimum GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. PROGRAM 2.1 - MINIMUM DENSITIES December 7, 2011 Page 3 density from 11.5 to 12 du/ac for the RMH designafion and from 19 to 20 du/ac for the RH designation, except for RH designated properties in the Beach Area Overlay Zone (BAOZ). In the BAOZ, the minimum and GMCP densities shall apply. General Plan Designation Densities (in dwe ling units per acre) General Plan Designation Existing Minimum Density Existing GMCP Density Proposed RHNA Base density Existing Maximum Density RMH 8.5 11.5 12 15 RH 15 19 20 23 Government Code Section 65893 limits the city's ability to approve housing projects at densities below those used to determine compliance with housing element law. The previous housing element utilized GMCP densities to determine compliance housing element law. For the 2005- 2010 Housing Element, the GMCP densities were used to determine compliance with housing element law for all designations except for the RMH and RH designations, which utilized the RHNA Base density. Densities are permitted below GMCP and RHNA Base densities, but only if specific findings are made. The proposed amendments are consistent with the general plan in that they implement the housing element and do not conflict with any other portion of the general plan. In addition, they are consistent with the following housing element goals and policies: • Goal 2 - New housing developed with diversity of types, prices, tenures, densities and locations, and in sufficient quantity to meet the demand of anticipated city and regional growth. • Policy 2.1 - ensure sufficient developable acreage in all residential densities to provide varied housing types for households in all economic segments. • Policy 2.2 - Allow development of sufficient new housing to meet Carlsbad's share of the regional housing need for 2005-2010 (subsequently extended to 2013) as determined by SANDAG and consistent with this Housing Element. B. Zoning Ordinance and Local Coastal Program Consistency Zone Code Amendment (ZCA 10-04) will provide minor revisions to the Carlsbad Municipal Code (CMC) Chapter 21.53 "Uses Generally", which contains the City's method for calculating residenfial density (Section 21.53.230). This amendment will add the RHNA base density to the density unit yield calculations in order to be consistent with GPA 10-03. The amendment also clarifies that the RHNA Base density does not apply to RH land use designations in the BAOZ. In the BAOZ, the minimum and GMCP densities shall apply. Local Costal Program Amendment (LCPA 10-03) is required to be processed concurrently with the Zone Change Amendment (ZCA 10-04). The Zoning Ordinance (Title 21) is an implementing ordinance of the City of Carlsbad Local Coastal Program; therefore, the Local Coastal Program is required to be amended when the zoning ordinance is amended. 20 GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. PROGRAM 2.1 - MINIMUM DENSITIES December 7, 2011 Page 4 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. The LCP is a land use planning document containing special policies and regulations that supplement other city regulations, and together with city plans and policies, govern development in the coastal zone. The LCP policies primarily address coastal issues, such as shoreline access and protection of sensitive resources. However, no policies of the LCP are affected, nor are any conflicts created by the proposed Zoning Ordinance amendments. C. Growth Management The GMCP density was used to determine dwelling unit caps of Proposition E and the Growth Management Program. To ensure the dwelling units caps are not exceeded, Carlsbad developed a tracking system to account for projects approved both below and above the GMCP. Projects that have developed below the GMCP, for example, generate "excess dwelling units" that are deposited into an "excess dwelling unit bank", and likewise, proposals above the GMCP withdraw these excess units from the bank. The 2005-2010 Housing Element included an analysis of its programs and their compliance with the Growth Management Program and the excess dwelling unit bank. It anticipated that the increase in yield resulting from projects developed at the RHNA Base Density as compared to the GMCP density would require an allocation from the bank of 25 dwelling units, and that the bank has sufficient excess units to cover the allocation. As such, the Minimum Densities project would not cause the Proposition E caps to be exceeded. V. ENVIRONMENTAL REVIEW The proposed project falls within the scope of a previously approved Mitigated Negative Declaration (MND) reviewed pursuant to the Califomia Environmental Quality Act (CEQA). Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Mitigated Negafive Declaration and Mitigation Monitoring and Reporting Program for the 2005-2010 Housing Element (GPA 03-02), dated December 22, 2009. The MND for GPA 03-02 evaluated the potential environmental effects of implementing portions of Housing Element Program 2.1, including the Minimum Densities project. The proposed activities would have no effects beyond those analyzed in the MND, as they are consistent with the program analyzed earlier. The Housing Element and its MND anticipated future amendments to establish minimum densities of 12 du/ac and 20 du/ac for the RMH and RH designations. The MND determined that these increases beyond the GMCP are minor and would increase potential yield by 25 units on properties designated RMH and RH when compared to the existing GMCP. Because the density increase is slight and affected parcels are scattered throughout Carlsbad, the MND did not anticipate additional environmental review would be necessary beyond what was prepared for the Housing Element. This project is within the scope of the MND for GPA 03-02 and no further CEQA compliance is required. The MND for GPA 03-02 is available at the Planning Department. GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. PROGRAM 2.1 - MINIMUM DENSITIES December 7, 2011 Page 5 ATTACHMENTS: 1. Planning Commission Resolufion No. 6848 (GPA) 2. Planning Commission Resolufion No. 6849 (ZCA) 3. Planning Commission Resolufion No. 6850 (LCPA) 4. Strikeout/underline version of the proposed General Plan amendment 5. Strikeout/underline version of the proposed Zoning Ordinance amendment 22. Carlsbad General Plan Section II.C.1 Underline Strikeout Exhibit Attachment 4 December?, 2011 Land Use Element d. Medium-High Density (RMH): Medium-high density residential areas intended to be developed with two-family dwellings and multiple-family dwellings, as well as one- family dwellings (developed as two or more detached units on one lot) at a density between 8 to 15 dwelling units per acre. Development of one-family dwellings on individual lots may be approved with a planned development permit, subject to the density range of this designation. e. High Density (RH): High-density residential areas intended to be developed with two- family and multiple-family dwellings, as well as one-family dwellings (developed as two or more detached units on one lot) at a density between 15 to 23 dwelling units per acre. Certain areas of the City designated for planned communities may have several residential desig- nations or combinations of residential designa- tions. To accommodate good design and plan- ning, as well as environmental and topographical factors, planned communities shall be controlled by a master plan. As part of the City's Growth Management Plan, a dwelling unit limitation was established for each quadrant of the City. The City shall not approve any general plan amendment, zone change, tentative subdivision map or other discretionary approval for a development that could result in the development above the limit in any quadrant. To ensure that development does not exceed the limit, the following growth management control points (GMCP) in Table 2 are established for the Land Use Element density ranges. The City shall not approve any residential development at a density that exceeds the growth management control point for the applicable density range without making the following findings: a. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. That there have been sufficient developments approved in the quadrant at densities below the control point so the approval will not result in exceeding the quadrant limit. All necessary public facilities required by the City's Growth Management Program will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards. Table 2: ALLOWED DWELLING UNITS PER ACRE General Plan Land Use Designation Minimum Growth Management GentFot Point GMCP RHNA Base* Maximum RL 0 1.0 1.0 1.5 RLM 0 3.2 3.2 4.0 RM 4 6.0 6.0 8.0 RMH 8 11.5 12.0 15,0 RH 15 19.0 20.0 23.0 * RHNA Base, discussed below, does not apply to RH designated properties in the Beach Area Overlay Zone. In the Beach Area Overlay Zone, the minimum and GMCP densities shall applv- The residential land use designations in Table 2 indicate MAXIMUM development unit yields. To meet the General Plan goals and objectives, including, but not limited to population goals and environmental considerations, the ACTUAL yield may be less than maximum potentials, but not less than the minimum density of the underlying land use designation; except, density may be approved below the minimum of the density range in the following circumstances: a. When a single, one-family dwelling is constructed on a legal lot that existed as of October 28, 2004. b. When a single, one-family dwelling is constructed on a lot that was created by consolidating two legal nonconforming lots into one lot (this only applies to lots that are nonconforming in lot area). c. When a legal lot is developed with one or more residential units that existed as of October 28, 2004; provided, the existing units are to remain and it is not feasible to construct the number of additional units Page 14 Amended September 14, 2010 or2 Land Use Element needed to meet the minimum density without requiring the removal of the existing units. Pursuant to California Government Code Section 65863, the City shall not by administrative, quasi- judicial, or legislative action, reduce, require or permit the reduction of residential density on any parcel to a density below that which was utilized by the California Department of Housing and Community Development in determining compliance with housing element lawr. For purposes of complying with Government Code Section 65863, the Regional Housing Needs Assessment (RHNA) Base density for each of the General Plan residential Land Use designations listed in Table 2 above was utilized to determine compliance with housing element law in the 2005- 2010 Housing Element. As such, the City shall not reduce, reguire. or permit the reduction of residential density on any parcel below its RHNA Base density unless, the City makes written findings supported by substantial evidence of both of the following: a. The reduction is consistent with the adopted general plan, including the housing element b. The remaining sites identified in the housing element are adequate to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584, or the reduction is necessary to ensure compliance with the dwelling unit limitations set forth in the City's Growth Management Program. As noted in Table 2, the RHNA Base density does not apply to RH designated properties in the Beach Area Overlay Zone. In the Beach Area Overlay Zone, the minimum and GMCP densities shall apply. If a reduction in residential density for any parcel would result in the remaining sites identified in the housing element not being adequate to accommodate the City's share of the regional housing need, the City may reduce the density on that parcel provided it identifies sufficient additional, adequate, and available sites with an equal or greater residential density so that there is no net loss of residential unit capacity. The City shall be solely responsible for compliance with Government Code Section 65863, unless a project applicant requests in his or her initial application, as submitted, a density that would result in the remaining sites in the housing element not being adequate to accommodate the City's share of the regional housing need. In that case, the City may require the project applicant to comply with Government Code Section 65863. For the purposes of determining or requiring compliance with Government Code Section 65863, the submission of an application does not depend on the application being deemed complete or being accepted by the City. Government Code Section 65863 does not apply to parcels that, prior to January 1, 2003, were either 1) subject to a development agreement, or 2) parcels for which an application for a subdivision map had been submitted. Residential density shall be determined based on a number of dwelling units per developable acre of property. The following lands are considered to be undevelopable and shall be excluded from density calculations: a. Beaches; b. Permanent bodies of water; c. Floodways; d. Slopes with an inclination of greater than 40%; e. Significant wetlands; f. Significant riparian woodland habitats; g. Land subject to major power transmission easements; h. Land upon which other significant environmental features as determined by the environmental review process for a project are located; and 1. Railroad track beds. No residential development shall occur on the lands listed above; however, the City Council may permit limited development of such property, if when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. Development on slopes with an inclination of 25% to 40% shall be permitted if designed to minimize the grading and comply with the slope development provisions of the hillside ordinance and the Carlsbad Local Coastal Program. However, only 50% of the area shall be used for density calculations. Page 15 Amended September 14, 2010 2M ATTACHMENTS ZCA 10-04/LCPA 10-03 H.E. PROGRAM 2.1 - MINIMUM DENSITIES STRIKE-OUT/UNDERLINE Section 2L53.230 (Uses Generally, Residential density calculations, residential development restrictions on open space and environmentally sensitive lands) is proposed to be amended as follows: 21.53.230 Residential density calculations, residential development restrictions on open space and environmentally sensitive lands. (a) For the purposes of Titles 20 and 21 of this code, residential density shall be determined based on the number of dwelling units per developable acre of property. (b) The following lands are considered to be undevelopable and shall be excluded from density calculation: (1) Beaches; (2) Permanent bodies of water; (3) Floodways: (4) Natural slopes with an inclination of greater than forty percent except as permitted pursuant to Section 21.95.120(B) of this code; (5) Significant wetlands; (6) Significant riparian or woodland habitats; (7) Land subject to major power transmission easements; (8) Land upon which other significant environmental features as determined by the environmental review process for a project are located; (9) Railroad track beds. (c) No residential development shall occur on any property listed in subsection (b). Subject to the provisions of Chapters 21.33 and 21.110, the city council may permit limited development of such property if, when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. The planning commission or city council, whichever is the final decision-making body for a residential development may permit accessory facilities, including, but not limited to, recreational facilities, view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 21.110) and on land subject to major power transmission easements. (d) No more than fifty percent of the portion of a site containing twenty-five to forty percent slopes may be utilized for calculating allowable residential density. Residential development on slopes with an inclination of twenty-five to forty percent, inclusive, shall be designed to minimize the amount of grading necessary to accommodate the project. For projects within the coastal zone, the grading provisions of the Carlsbad local coastal program and Chapters 21.38 and 21.203 of the municipal code shall apply. (e) The potential unit yield for a property, based on the minimum, growth management control point (GMCP), Regional Housing Needs Assessment (RHNA) Base, or maximum density of the applicable general plan land use designation, shall be subject to the following: (1) Equation used to determine unit yield: developable lot area (in acres) x density = unit yield. 0 ATTACHMENTS (A) "Density" used in this calculation is the minimum, GMCP, RHNA Base, or maximum density of the applicable general plan land use designation; (B) The resulting unit yield shall be subject to Table A, below. (2) For purposes of this section: (A) "Rounded-up" means rounding the fractional unit yield up to the next whole unit; and (B) "Rounded-down" means rounding the fractional unit yield down to the previous whole unit, but not less than one unit. (3) The information contained in Table A, below, shall not preclude the city from approving residential densities above the GMCP, RHNA Base, or maximum density of the applicable land use designation, subject to adopted city policies and regulations. TABLE A UNIT YIELD ROUNDING Density Used for Calculation Unit Yield Includes a Provisions for Unit Yield Rounding MINIMUM fractional unit of .5 or greater SHALL be rounded-up.' MINIMUM fractional umt below .5 MAY be rounded-down. ^ GMCP fractional unit of .5 or greater MAY be rounded-up.' GMCP fractional imit below .5 SHALL be rounded-down. RHNA Base" fractional unit of .5 or greater SHALL be rounded-up.' ' fractional unit below .5 SHALL be rounded-down.- MAXIMUM fractional unit SHALL be rounded-down. Nete Notes: 1) 2) 3) 41 Unless the project density is allowed below the minimum of the density range, pursuant to the General Plan. Unit yields rounded-down pursuant to this provision that result in a density below either the minimum density or the RHN A Base density of the applicable land use designation shall be considered consistent with the General Plan.- See footnote 4 for the limitations on applying the RHNA Base density. Subject to a fractional and/or whole unit allocation from the "excess dwelling unit bank^" and provided the maximum density of the applicable land use designation is not exceeded. The RHNA Base section in Table A does not apply to RH General Plan land use designations in the Beach Area Overlay Zone. In the Beach Area Overlay Zone. the minimum and GMCP densities shall apply. EXHIBIT 5 Planning Commission Minutes December 7, 2011 Page 10 DISCUSSION Commissioner Nygaard stated it is a great idea to have restaurants in the business park. She stated she can support the project. Commissioner Siekmann also stated she can support the project. Commissioner Arnold stated he can support the project. Commissioner Black also stated his support of the project. Commissioner Scully stated her support of the project. Vice Chairperson Schumacher stated his concurrence with his fellow Commissioners and stated he can support the project. MOTION ACTION: Motion by Commissioner Scully, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6841 approving of a Conditional Use Permit (CUP 11-05), based on the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Vice Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully, and Commissioner Siekmann NOES: None ABSENT: Chairperson L'Heureux ABSTAIN: None Vice Chairperson Schumacher closed the public hearing on Agenda Item 4. Chairperson L'Heureux returned to the dais and asked Mr. Neu to introduce the next item. 5. GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. PROGRAM 2.1 MINIMUM DENSITIES - A request for a determination that the project is within the scope of a Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and a request for a recommendation of approval for a General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by the establishment of a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. Mr. Neu introduced Agenda Item 5 and stated Associate Planner Corey Funk would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 5. 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. Commissioner Schumacher asked how long before the City will again have to update the Regional Housing Needs Assessment (RHNA) numbers from SANDAG. Mr. Funk stated the housing element planning period for this housing element cycle was extended until 2013. Mr. Neu stated the new housing element will need to be adopted by April, 2013, and will be done concurrently with the Envision Carlsbad General Plan Update. Planning Commission Minutes December 7, 2011 Page 11 Chairperson L'Heureux asked if there were any further 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 opened and closed public testimony on the item. DISCUSSION Commissioner Nygaard stated she can support the project. Commissioner Siekmann stated she can support the project. Commissioner Arnold also stated he can support the project. Commissioner Black stated he can support the project. Commissioner Scully stated she cannot support the project because she feels it is a numbers game with the State. Commissioner Schumacher stated he can support the project. Mr. Neu added that the Growth Control Points were a place within the different residential densities that was used to estimate the number of dwelling units to be build out in the community to stay within the overall cap for the City as well as each individual quadrant. Chairperson L'Heureux stated he also feels it is a numbers game with the State but he can support the project. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission make a determination that the project is within the scope of a Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and that the Planning Commission adopt Planning Commission Resolutions No. 6848, 6849, and 6850 recommending approval of GPA 10-03, ZCA 10-04 and LCPA 10-03, based on the findings contained therein. VOTE: 6-1 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Schumacher, and Commissioner Siekmann NOES: Commissioner Scully ABSENT: None ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 5 and asked Mr. Neu to introduce the next item. 6. ZCA 10-05/LCPA 10-04 - H.E. PROGRAM 2.1 - MIXED USE - A request for a determination that the project is within the scope of a Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Carlsbad General Plan Housing Element Program 2.1 by allowing residential uses as a permitted use in certain commercial zones. Mr. Neu introduced Agenda Item 6 and stated Associate Planner Corey Funk would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 6. Mr. Funk gave a brief presentation and stated he would be available to answer any questions. 1^ V^CARLSBAD CITY OF Memorandum Agenda Item # For the members of the: CITY COUNCIL ACM ^DCM CA ^-CC ^-' Date A^Citv Manager. January 24, 2012 To: Lisa Hildabrand, City Manager From: Corey Funk, Associate Planner tSifi^ Via Don Neu, City Planner Q/| Re: Errata Sheet for Agenda Item #7, AB #20,794 1) Please note the following correction to the agenda bill's Recommended Action: That the City Council hold a public hearing and INTRODUCE Ordinance No, CS-171 APPROVING an amendment to the City of Carlsbad Zoning Ordinance (ZCA 10-04), arid ADOPT Resolution No. 2012-022 . APPROVING a General Plan Amendment (GPA 10-03) and Local Coastal Program Amendment (LCPA 10-03). and APPROVE an amendment to City Council Policy No. 4.^, hn.-^nri iipnn tho findings contained thoroin. 2) Attached are revised tables that analyze the dwelling unit yield for the RMH and RH parcels affected by this proposal. The tables have been revised as follows: • "Total" figures for each column were added. • The data for RH parcel numbers, acreage, and yields have been updated to current day. This data update resulted in 8 parcels being eliminated (no longer vacant and unentitled), and corresponding acreages and yields being reduced. RMH property information did not change. • The "notes" section information has been clarified, such as why Quarry Creek and Robertson Ranch parcels are not included in the tables. Date:_ Distribution City Clerk Asst. City Cleric Deputy Clerk Book Community & Economic Development 1635 Faraday Ave. | Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax Parcel Information Parcel Status Vacant Underutilized" # of Parcels Total Acreage 9.35 0.56 Existing RH-designated lands Existing Minimum Yield @ 15 du/ac 140 Density Information and Dwelling Unit Yields GMCP Yield @ 19 du/ac 178 Proposed Yield @ 20 du/ac 187 Yield difference between minimum and proposed densities 47 Yield difference between GMCP and proposed densities 9.91 146 186 195 49 Parcel Information Parcel Status Vacant Underutilized # of Parcels 14 11 25 Total Acreage 8 10 18 Existing RMH-designated lands Existing Minimum Yield @ 8 du/ac 64 62 Density Information and Dwelling Unit Yields GMCP Yield @ 11.5 du/ac 92 97 Proposed Yield @ 12 du/ac 96 102 Yield difference between minimum and proposed densities 32 Yield difference between GMCP and proposed densities 126 189 198 72 Notes: Original data source: 2005-2010 Housing Element (RH information updated 1/23/12; RMH information as of 4/1/08) Figures do not include sites at Quarry Creelc (no existing RMH or RH-designated lands) or Robertson Ranch (RMH and RH parcels already meet proposed densities) Figures do not include any properties in the Village (no RMH or RH-designated parcels) or Barrio (RMH sites subject to separate planning effort) Underutilized parcel yields vary, due to rounding and subtracting of existing units 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 ei( years and not a party to or interested in the i entitled matter. I am the principal clerk of the of Proof of Publication of North County Tim Formerly known as the Blade-Citizen and The ' Advocate and which newspapers have adjudicated newspapers of general circulation Superior Court of the County of San Diego, Si California, for the City of Oceanside and the ' Escondido, Court Decree number 171349, f( County of San Diego, that the notice of whit annexed is a printed copy (set in type not smalle nonpariel), has been published in each regule entire issue of said newspaper and not ii supplement thereof on the following dates, to-wit January 14^, 2012 I certify (or declare) under penalty of perjury th foregoing is true and correct. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY QIVEN to you, because your interest may be atfected, 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, January 24, 2012, to consider approving a General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by the establishment of a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. Whereas, on December 7,2011 the City of Carlsbad Planning Commission voted 6-1 (Scully) to determine that the project is within the scope of a Mitigated Negative t)eclaration previously adopted for the 20Q5-2010 Housing Element (GPA 03-02) and reciommend approval of a General Plan Amendrrient, Zone Code Amendment and Local Coastal Program Amendment to Implement a portion of Housing Element Program 2.1 by the establishment of a new minimum density in the Residential Medium^HIgh Density (RMH) and RdsidenHal High Density <RH> land use designations. Those persons wishing to speak on this proposal are cordially Invited to attend the public hearing. Copies ofthe agenda bin will be available on and after January 20,2012. If you have any questions, please contact Corey Funk in the Planning Division at (760) 602-4645 or corey.funk@carlsbadca.qov. If you challenge the General Plan Amendment, 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: GPA 10-03/ZCA 10-04/LCPA 10-03 CASE NAME: HOUSING ELEMENT PROGRAM 2.1 PUBLISH : January 14, 2012 CITY OF CARLSBAD CITY COUNCIL MINIMUM DEMSiTIES Dated at Escondido, California On this 16'^ day January 2012 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 232550, 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. I 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: January 13. 2012 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of Califomia op this 13th day of January 2012. Clerk ofl the Printer Space above for County Cleric's Filing Stamp CITY OF CARLSBAD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affect- ed, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Cartsbad Village Drive, Carlsbad. California, at 6:00 p.rt). on Tuesday, January 24,2012, to consider approv- ing a General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by the establishment of a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. Whereas, on December 7, 2011 1he City of Carlsbad Planning Commission voted 6-1 (Scully) to determine that the project is within the scope of a Mitigated Negative Declaration previously adopted fbr the 2005-2010 Housing Element (GR* 03-02) and recommend approval of a General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by the establishment of a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. 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 January 20, 2012. If you have any questions, please contact Corey. ,Funi< in the Pianning Division at (760) 602-4645 or corey.funl<ecarlsbadca.gov. If you challenge the General Plan Amendment, 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 con-espondence delivered to the City of Carlsbad, Attn: CHy aeri<'s Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: GPA 10-03/ZCA 10-04/LCRA 10-03 HOUSING ELEMENT PROGRAM 2.1 MINIMUM DENSITIES PUBLISH: January 14, 2012. CITY OF CARLSBAD CITY COUNCIL 01/13/12 CN 12817 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, January 24, 2012, to consider approving a General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by the establishment of a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. Whereas, on December 7, 2011 the City of Carlsbad Planning Commission voted 6-1 (Scully) to determine that the project is within the scope of a Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and recommend approval of a General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by the establishment of a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. 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 January 20, 2012. If you have any questions, please contact Corey Funk in the Planning Division at (760) 602-4645 or corev.funk(S)carlsbadca.qov. If you challenge the General Plan Amendment, 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: GPA 10-03/ZCA 10-04/LCPA 10-03 CASE NAME: HOUSING ELEMENT PROGRAM 2.1 - MINIMUM DENSITIES PUBLISH: January 14, 2012. CITY OF CARLSBAD CITY COUNCIL Easy Peel Labels Use Avery® TEWPIATE 5160® A J^Feed Paper See Instruction Sheet j for Fasy Peel Feature CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 iAVeRY®5160® 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 1966 OLIVENHAIN RD 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 TONI 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 MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles h peler Utilisez le aabarit AVERY® 5160® Sens de charaement Consultez la feuille d'instructlon www.avery.com 1-800-GO-AVERY Easy Peel Labels Use Avery® TEIVIPIATE 5160® J^Feed Papc See Instruction Sheet j for Easy Peel Feature iAVeRY®5i60® BARONA GROUP OF THE CAPITAN GRANDE EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE CA 92040 BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SAC:lWiENTO 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 CA DEPT OF TRANSPORTATION DIV OF TRANSPORTATION PLANNING/COMMUNITY PU\NNING 1120 NST, MS, 32-RM. 5124 SACRAMENTO CA 94274 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 OAKU\NDCA 94612 COUNTY OF SD SUPERVISOR RM 335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO 80X2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM 100 1220 NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENVCOORD 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 RM 700 110 WEST A ST SAN DIEGO CA 92101 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA FEDERAL ENERGY REGUU\TORY COMMISSION 1001ST ST., STE 2300 SAN FRANCISCO CA 941053084 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS 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 BST 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 STE1005 100 HOWE AV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET STFL17 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 Etiquettes faciles h peler Consultez la feullle wvvw.avery.com Easy Peel Labels Use Avery® TEMPLATE 5160® r^f.d Paoer See Instruction Sheet [ for Easy Peel Feature /TV iAVERY®5i60® WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 Housing Element 2.1 – Minimum DensitiesGPA 10‐03/ZCA 10‐04/LCPA 10‐03 Background•Housing Element approved Dec. 2009•Portion of H.E. Program 2.1–Minimum Densities•Project purpose:–Establish new minimum densities for higher density land use designations–Comply with state law and Regional Housing Needs Assessment (RHNA) GPA•Increase minimum densities in General Plan–Residential Medium‐High (RMH) Designation–Residential High (RH) Designation•Modify existing findings–Findings required to approve project below RHNA Base density–Gov. Code Section 65863•Excludes Beach Area Overlay Zone GPA –New RHNA Base DensityGeneral Plan DesignationDensities (in dwelling units per acre)ExistingMinimumDensityExistingGMCPDensityProposedRHNA BasedensityExistingMaximumDensityRMH8.5 11.51215RH15 192023 Existing RH‐designated landsExistingMinimum15 du/acGMCP19 du/acProposed RHNA Base20 du/acYield diff. –Min. and RHNA BaseYield diff. –GMCP and RHNA Base146 18619549 9Number of Parcels (vacant and underutilized)Total Acreage109.91 Existing RMH‐designated landsExisting Minimum8 du/acGMCP11.5 du/acProposed RHNA Base12 du/acYield diff. –Min. and RHNA BaseYield diff. –GMCP and RHNA Base126 18919872 9Number of Parcels (vacantand underutilized)Total Acreage2518 C A R L S B A D B LCARLSBAD VILLAGE DRFARADAY AVMARRON RDE L C AMINO R E A L MO N R O E ST PASEO D E L NO R T EEL CAMINO REALCOLLEGE BLCANNON RDPALOMAR AIRPORT RDA V E N I DA EN C IN A S TAMARACK AVC OL L E G E B L00.5MilesJ:\Requests2010Plus\ComEconDev\Planning\4758674_12LegendBeach Area Overlay ZoneBarrio AreaUnderutilized Lands Designated RH and RMHVacant Parcels Designated RH and RMH PASEO DE L NORTE LA COSTA AVPOINSETTIA LNM EL R O SE D R AVIARA PYALGA RDCALLE BARCELONAPOINSETTIA LNCAMINO J U N IPERO OLIVENHAIN RDC A R LS B A D B LEL CAMINO REALALICANTE RDA V E N ID A ENCIN AS EL FUERTE STCAMINO DE LOS COCHESRANCHO SANTA FE RD00.5MilesJ:\Requests2010Plus\ComEconDev\Planning\4758674_12LegendUnderutilized Lands Designated RH and RMHVacant Parcels Designated RH and RMH ZCA/LCPA•Addition of the RHNA Base density into rounding rules for consistency with GPA •Zoning implements the LCP, so the ZCA requires an LCPA Project Consistency•Consistent with General Plan, Zoning Ordinance and Local Coastal Program•Implements the Housing Element•Consistent with Growth Management–Dwelling Unit bank contains sufficient units RecommendationThat the City Council INTRODUCE Ordinance No. CS‐171, APPROVING an amendment to the City of Carlsbad Zoning Ordinance (ZCA 10‐04) and ADOPT Resolution No. 2012‐022, APPROVING a General Plan Amendment (GPA 10‐03) and Local Coastal Program Amendment (LCPA 10‐03) based on the findings contained therein.