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HomeMy WebLinkAbout2012-01-24; City Council; 20795; H.E. Program 2.1 - Mixed UseCITY OF CARLSBAD - AGENDA BILL 8 AB# MTG. DEPT. 20,795 1/24/12 CED ZCA 10-05/LCPA 10-04 H. E. Program 2.1 - Mixed Use DEPT. DIRECTOR^^ CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and INTRODUCE Ordinance No. CS-172 , APPROVING an amendment to the City of Carisbad Zoning Ordinance (ZCA 10-05), and ADOPT Resolution No. 2012-023, APPROVING a Local Coastal Program Amendment (LCPA 10-04), for consistency with ZCA 10-05, based upon the findings contained therein. ITEM EXPLANATION: Project Planning Commission City Council Coastal Commission ZCA 10-05 RA X ** LCPA 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 10-04 This proposal involves a City-initiated Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Carisbad General Plan Housing Element Program 2.1 of the adopted 2005- 2010 Housing Element (GPA 03-02). The proposed amendments would allow residential uses as a permitted use in in the C-1 Neighborhood Commercial Zone, the C-2 General Commercial Zone and C-L Local Shopping Center Zone. Currently, residential uses are allowed as conditionally permitted uses in the above zones. 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 Mixed Use project. As such, the Mixed Use project would not cause the Proposition E caps to be exceeded. On December 7, 2011, a public hearing was held by the Planning Commission to consider the proposed amendments to the Zoning Ordinance and Local Coastal Program (ZCA 10-05/LCPA 10-04). No members of the public spoke in regard to the project, and the Planning Commission voted to recommend approval ofthe proposed amendments (6-1 in favor, Scully opposed). Staff's analysis ofthe proposed amendments is contained in the Report to the Planning Commission, dated December 7, 2011 (Exhibit 4). DEPARTMENT CONTACT: Corey Funk 760-602-4645 corev.funk(a)carisbadca.gov FOR CITY CLERKS USE ONLY. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 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 portions of Housing Element Program 2.1, including the Mixed Use project, and the proposed activities would have no effects beyond those analyzed in the MND. EXHIBITS: 1. Citv Council Ordinance No. CS-172 2. City Council Resolution No. 2012-023 3. Planning Commission Resolutions No. 6842 and 6843 4. Planning Commission Staff Report dated December 7, 2011 5. Excerpts of the Planning Commission Minutes dated December 7, 2011. EXHIBIT 1 ORDINANCE NO. CS-172 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO IMPLEMENT A PORTION OF CARLSBAD GENERAL PLAN HOUSING ELEMENT PROGRAM 2.1 OF THE 4 ADOPTED 2005-2010 HOUSING ELEMENT (GPA 03-02) AND THEREBY ALLOWING RESIDENTIAL USES AS A PERMITTED 5 USE IN CERTAIN COMMERCIAL ZONES. CASE NAME: H.E. PROGRAM 2.1 - MIXED USE 6 CASE NO: ZCA 10-05/ LCPA 10-04 7 The City Council of the City of Carisbad, California, does ordain as follows: 8 SECTION I: That the list of sections in Chapter 21.26 (C-1 Neighborhood Commercial 9 Zone) is amended by the addition of the reference to 21.26.015. 10 21.26.015 Residential uses in the C-1 Zone. 11 SECTION II: That the following "Use" in Table A of Section 21.26.010 (C-1 12 Neighborhood Commercial Zone, Permitted uses) is amended as follows: 13 14 Use P CUP Acc Residential uses (subject to Section 21.26.015 of this title) X 15 SECTION III: That Section 21.26.015 is added to Chapter 21.26 (C-1 Neighborhood 16 Commercial Zone) as follows: 17 21.26.015 Residential uses in the C-1 Zone. Mixed use developments that propose residential uses in combination with commercial 18 uses shall comply with the following requirements. A. Residential uses shall be located above the ground floor of a multi-storied 19 commercial building with one or more of the non-residential uses permitted by Section 21.26.010 of this title located on the ground floor. 20 B, Residential uses shall be subject to the requirements of the Chapters of this title, which include but are not limited to, 21.26, 21.44, and in the case of airspace subdivisions, 21 21.47. C. At the minimum, residential uses shall be constructed at the RHNA Base density 22 for the Residential High (RH) General Plan designation of 20 units per acre as described on Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan 23 processed in accordance with Chapter 21.06 of this title. 1. Density and yield of residential uses shall be determined consistent with the 24 residential density calculations and residential development restrictions in Section 21.53.230 of this title and shall be based on 25% of the developable area. Unit yield in excess of the 25 minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation preclude the development of at least one dwelling unit in a mixed use development. 26 2. Residential uses shall be secondary and accessory to the primary commercial use of the site. Compliance with this provision shall be evaluated as part of the Site 27 Development Plan. 28 1 SECTION IV: That Section 21.26.020 of Chapter 21.26 (C-1 Neighborhood Commercial 2 Zone) is amended as follows: 3 21.26.020 - Limitations on permitted uses in C-1 zone. Every non-residential use permitted shall be subject to the following conditions and 4 limitations: (1) All uses shall be conducted wholly within a building except such uses as gasoline 5 stations, electrical transformer substations, nurseries for sale of plants and flowers and other enterprises customarily conducted in the open; 6 (2) Products made incident to a permitted use shall be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing, processing 7 and treatment of products permitted herein; (3) Storage shall be limited to accessory storage of commodities sold at retail on the 8 premises. 9 SECTION V: That the list of sections in Chapter 21.28 (C-2 General Commercial Zone) 10 is amended by the addition ofthe reference to 21.28.015, 11 21.28.015 Residential uses in the C-2 Zone. 12 SECTION VI: That the following "Use" in Table A of Section 21.28.010 (C-2 General 13 Commercial Zone, Permitted uses) is amended as follows: Use P CUP Acc Residential uses (subject to Section 21.28.015 of this title) X 14 15 ,. SECTION VII: That Section 21.28.015 is added to Chapter 21.28 (C-2 General lo jy Commercial Zone) as follows: g 21.28.015 Residential uses in the C-2 Zone. Mixed use developments that propose residential uses in combination with commercial j9 uses shall comply with the following requirements A. Residential uses shall be located above the ground floor of a multi-storied 20 commercial building with one or more of the non-residential uses permitted by Section 21.28.010 of this title located on the ground floor 21 B. Residential uses shall be subject to the requirements of the Chapters of this title, which include but are not limited to, 21.28, 21.44, and in the case of airspace subdivisions, 22 21.47 C. At the minimum, residential uses shall be constructed at the RHNA Base density 23 for the Residential High (RH) General Plan designation of 20 units per acre as described on Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan 24 processed in accordance with Chapter 21.06 of this title. 1. Density and yield of residential uses shall be determined consistent with the 25 residential density calculations and residential development restrictions in Section 21.53.230 of this title and shall be based on 25% of the developable area. Unit yield in excess of the 26 minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation preclude the development of at least one dwelling unit in a mixed use development 27 2. Residential uses shall be secondary and accessory to the primary commercial 28 1 use of the site. Compliance with this provision shall be evaluated as part of the Site Development Plan. 18 19 20 21 22 SECTION VIII; That Section 21.28.020 of Chapter 21.28 (C-2 General Commercial Zone) is amended as follows: 2 3 4 ,. 21.28.020 - Limitations on permitted uses. 5 Every non-residential use permitted in the C-2 zone shall be subject to the following conditions and limitations: 6 (1) All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations, horticultural nurseries and other enterprises 7 customarily conducted in the open. (2) Products made incident to a permitted use and manufactured or processed on 8 the premises shall be sold only at retail on the premises, and not more than five persons may be employed in such manufacturing, processing and treatment of products. 9 (3) Storage shall be limited to accessory storage of commodities sold at retail on the premises. 10 11 12 13 14 15 16 SECTION IX: That the list of sections in Chapter 21.31 (C-L Local Shopping Center Zone) is amended by the addition ofthe reference to 21.31.065. 21.31.065 Residential uses in the C-L Zone. SECTION X: That the following "Use" in Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) is amended as follows: Use P CUP Acc Residential uses (subject to Section 21.31.065 of this title) X ^'^ SECTION XI: That the footnotes of Table A of Section 21,31.030 (C-L Local Shopping Center Zone, Permitted uses) are amended as follows: Notes: 1. Accessory buildings and structures and ancillary uses shall be developed as an integral part of a permitted use within or on the same structure or parcel of land. 2. Educational facilities, other. No individual educational facility shall occupy more than ten thousand square feet of gross leasable floor area within any local shopping center. 3. Offices. The total floor area of an office uses shall not exceed forty percent of the gross leasable floor area within any local shopping center. 23 4, Retail sales may also include those types of goods and services that are typically offered by "community" retail establishments. When "community" retail establishments are 24 included in a local shopping center, they shall be subject to the following: the definition of a local shopping center. Section 21.31.020, and the function ofthe local shopping center land use 25 class as described in the Carisbad general plan. 5. Any use meeting the definition of an entertainment establishment, as defined in 26 Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 27 " 28 SECTION XII: That Section 21.31.065 is added to Chapter 21.31 (C-L Local Shopping 2 Center Zone) as follows: 3 21.31.065 Residential uses in the C-L Zone. Mixed use developments that propose residential uses in combination with commercial 4 uses shall comply with the following requirements. A. Residential uses shall be located above the ground floor of a multi-storied 5 commercial building with one or more of the non-residential uses permitted by Section 21.31.030 of this title located on the ground floor. 6 B. Residential uses shall be subject to the requirements of the Chapters of this title, which include but are not limited to, 21.31, 21.44, and in the case of airspace subdivisions, 7 21.47. C. At the minimum, residential uses shall be constructed at the RHNA Base density 8 for the Residential High (RH) General Plan designation of 20 units per acre as described on Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan 9 processed in accordance with Chapter 21.06 of this title. 1, Density and yield of residential uses shall be determined consistent with the 10 residential density calculations and residential development restrictions in Section 21,53.230 of this title and shall be based on 25% of the developable area. Unit yield in excess of the 11 minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation preclude the development of at least one dwelling unit in a mixed use development. 12 2. Residential uses shall be secondary and accessory to the primary commercial use of the site. Compliance with this provision shall be evaluated as part of the Site 13 Development Plan. 14 SECTION XIII: Section 21.31.070 of Chapter 21.31 (C-L Local Shopping Center 15 Zone) is proposed to be amended as follows: 17 16 21.31.070 - Limitations on permitted uses in C-L zone. Every non-residential use permitted shall be subject to the following conditions and limitations: A. Conduct Uses in Buildings. All uses shall be conducted wholly within a building, ^ except such uses as gasoline stations, nurseries for sale of plants and flowers, uses set out in Section 21.31.060, and other enterprises customarily conducted in the open or othenwise as identified and permitted in a site development plan. The City Planner is authorized to make any necessary interpretations of this subsection; 2^ B. On-Site Manufacture of Goods. Products made incident to a permitted use shall be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing of products permitted herein; C. Storage shall be limited to: 1. Accessory storage of commodities to be sold at retail on the premises; and 2. Materials to be recycled. 23 24 25 26 27 28 SECTION XV: Section 21.42.140(B)(130) of Chapter 21,42 (Minor Conditional Use Permits and Conditional Use Permits) is proposed to be amended as shown: 130. Reserved. /// 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 2 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 3 published at least once in a publication of general circulation in the City of Carisbad within 4 fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be 5 effective until LCPA 10-04 is approved by the California Coastal Commission.) 6 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 7 Council on the 24'^ day of January, 2012, and thereafter. 8 /// 9 III 10 /// 11 /// 12 /// 13 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -5- 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carisbad 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 18 19 20 21 22 23 24 25 26 27 28 10 RONALD R. BALL, City Attorney 11 12 13 MATT HALL, Mayor 14 ATTEST: 15 16 LORRAINE M. WOOD, City Clerk ^'^ (SEAL) -6- The City Council of the City of Carisbad, Califomia, does hereby resolve as EXHIBIT 2 1 RESOLUTION NO. 2012-023 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO 3 THE CARLSBAD LOCAL COASTAL PROGRAM TO IMPLEMENT A PORTION OF CARLSBAD GENERAL PLAN HOUSING 4 ELEMENT PROGRAM 2.1 OF THE ADOPTED 2005-2010 HOUSING ELEMENT (GPA 03-02) AND THEREBY AMENDING 5 THE ZONING ORDINANCE TO ALLOW RESIDENTIAL USES AS A PERMITTED USE IN CERTAIN COMMERCIAL ZONES. 6 CASE NAME: H.E. PROGRAM 2.1 MIXED USE CASE NO: LCPA 10-04 7 " 8 follows: 9 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 10 Commission did on December 7, 2011, hold a duly noticed public hearing as prescribed by law 11 to consider the Zone Code Amendment (ZCA 10-05), as referenced in Planning Commission 12 Resolution No. 6842, and Local Coastal Program Amendment (LCPA 10-04), as referenced in 13 Planning Commission Resolution No. 6843; and 14 WHEREAS, the Planning Commission adopted Planning Commission 15 Resolutions No. 6842 and 6843 recommending to the City Council that ZCA 10-05 and LCPA ^6 10-04 be approved; and 1'^ WHEREAS, the City Council of the City of Carisbad, on the 24* day of January, 2012, held a duly noticed public hearing to consider the 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 Zone Code Amendment and Local Coastal Program Amendment. NOW, THEREFORE, the City Council of the City of Carisbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. 18 19 20 21 22 23 24 25 26 2. That the findings of the Planning Commission in Planning Commission 27 Resolutions No. 6842 and 6843 constitute the findings ofthe City Council in this matter. 28 1 3. That the amendment to the Local Coastal Program (LCPA 10-04), is approved as shown in Planning Commission Resolution No. 6843, on file with the City Clerk and 2 incorporated herein by reference. 3 4. That the approval of LCPA 10-04 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's 4 approval becomes effective. 5 "NOTICE TO APPLICANT" 6 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 7 Carisbad by Carisbad 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 8 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 9 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 10 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, 11 City of Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008. 12 /// 13 /// 14 15 16 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 ofthe City Council of the City of Carisbad 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. MATT HALL, Mayor ATTEST: EXHIBIT 3 4 PLANNING COMMISSION RESOLUTION NO. 6842 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 g PREVIOUSLY ADOPTED FOR THE 2005-2010 HOUSING ELEMENT (GPA 03-02) AND RECOMMENDING APPROVAL 7 OF A ZONE CODE AMENDMENT TO IMPLEMENT A 8 PORTION OF CARLSBAD GENERAL PLAN HOUSING ^ ELEMENT PROGRAM 2.1 BY ALLOWING RESIDENTIAL USES AS A PERMITTED USE IN CERTAIN COMMERCIAL 10 ZONES. 11 CASE NAME: H.E. PROGRAM 2.1 - MIXED USE ^2 CASE NO: ZCA 10-05 13 WHEREAS, the Planning Director has prepared a proposed Zone Code 14 Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: to implement a 16 portion of Carlsbad General Plan Housing Element Program 2.1 by allowing residential uses as a permitted use in certain commercial zones; and 17 18 19 WHEREAS, the proposed amendment is set forth in the draft City Council 20 21 22 MIXED USE - ZCA 10-05; and 23 24 25 noticed public hearing as prescribed by law to consider said request; and 26 27 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors Ordinance, Exhibit "X" dated, December 7,2011, and attached hereto H.E. PROGRAM 2.1 - WHEREAS, the Planning Commission did on December 7, 2011, hold a duly WHEREAS, at said public hearing, upon hearing and considering all testimony relating to the Zone Code Amendment. 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 - MIXED USE - ZCA 10-05, based on the following findings: z Findings: 4 9 10 1 2 3 1. That the proposed Zone Code Amendment ZCA 10-05 is consistent with the General Plan in that the proposed amendment does not conflict with any goal, objective or poiicy 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: 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. 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 2.6 - Encourage increased integration of housing with nonresidential 13 development where appropriate. 14 2. That the proposed ZCA reflects sound principles of good planning in that it ensures internal consistency with other Zoning Ordinance procedures and standards that 16 are not proposed for amendment, as well as the General Plan and Local Coastal I y Program. ^ ^ 3. The Planning Commission has determined that: 19 2Q a. the project is a subsequent activity of the 2005-2010 Housing Element, for which a Mitigated Negative Declaration was previously adopted; 22 b- the project is consistent with the 2005-2010 Housing Element cited above 23 c. the project has no new significant environmental effect not analyzed as significant 24 in the prior Mitigated Negative Declaration; and 25 26 d. none of the circumstances requiring a Subsequent EIR, Mitigated Negative Declaration or Negative Declaration under CEQA Guidelines Sections 15162 27 exist. 28 PC RESO NO. 6842 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, held on December 7, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher, and Siekmann Commissioner Scully STEPHEN^'HAP" L'HfiUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6842 -3- PLANNING COMMISSION RESOLUTION NO. 6843 6 1 2 3 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 TO IMPLEMENT A PORTION OF CARLSBAD GENERAL PLAN HOUSING ELEMENT PROGRAM 2.1 BY ALLOWING RESIDENTIAL USES AS A 7 PERMITTED USE IN CERTAIN COMMERCIAL ZONES. 8 CASE NAME: H.E. PROGRAM 2.1 - MIXED USE ^ CASE NO: LCPA 10-04 10 WHEREAS, Califomia State law requires that the Local Coastal Program, 11 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 13 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application for an amendment to the Local Coastal Program; and 14 15 16 WHEREAS, said verified application constitutes a request for a Local Coastal 17 18 19 Commission Resolution No. 6842, as provided in Public Resources Code Section 30514 and 20 21 22 WHEREAS, the Planning Commission did on December 7, 2011, hold a duly 23 24 25 WHEREAS, at said public hearing, upon hearing and considering all testimony Program Amendment as shovm on Exhibit "X" dated December 7, 2011, attached to Planning Section 13551 of California Code of Regulafions Title 14, Division 5.5; and noticed public hearing as prescribed by law to consider said request; and 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 2g 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 of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. /5 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 B) At the end of the State-mandated six-week review period, starting October 28, 2011, and ending on December 9, 2011, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of H.E. PROGRAM 2.1 - MIXED USE - LCPA 10-04 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 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 conflict with any coastal zone regulations, land use designations or policies, with which development must comply. 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 10-05). 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: AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher, and Siekmann NOES: Commissioner Scully ABSENT: ABSTAIN: STEPHEN'^AP" L^HEtJREUX, Chairperson CARLSBAD PLAWJING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6843 EXHIBIT 4 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: December 7, 2011 Item No. 0 Application complete date: N/A Project Planner: Corey Funk Project Engineer: N/A SUBJECT: 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. I. RECOMMENDATION 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. 6842 and 6843 RECOMMENDING APPROVAL of ZCA 10-05 and LCPA 10-04 based on the findings contained therein. II. INTRODUCTION This proposal involves a City-initiated 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. 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. HI. PROJECT DESCRIPTION AND BACKGROUND Currently, residential uses are allowed in the C-1 Neighborhood Commercial Zone, the C-2 General Commercial Zone and C-L Local Shopping Center Zone, provided that residential uses are located above the ground floor of a mixed use development and subject to approval of a Conditional Use Permit (CUP). The amendment proposes to change residential uses to a permitted use subject to approval of a Site Development Plan (SDP) and includes two new requirements which are described below. The project implements a portion of Housing Element o ZCA 10-05/LCPA 10-04 - H.E. PROGRAM 2.1 - MIXED USE December 7,2011 PaRC 2 Program 2.1 and is consistent with Carlsbad's General Plan, Zoning Ordinance and Growth Management Program. Proposed findings for approval of the amendment are included in the attached resolutions. 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 of current and future housing needs and a plan with programs designed to address those needs. A jurisdicfion'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. State law also requires that sites for which a jurisdiction relies on to meet its RHNA obligation for very low and low income housing be permitted residential use "by right"; that is, the jurisdiction may not make residential use on such a site conditionally permissible. A jurisdiction may, however, require design review. In its review of Carlsbad's draft housing element, the state's Housing and Community Development Department (HCD) identified the following concerns: that a CUP could be used by the Planning Commission to restrict or prohibit residential uses, and that projects would be constructed below a density of 20 du/ac, which HCD considers to be high enough to facilitate housing affordable for lower income families. 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 to amend the zoning ordinance to allow residential uses as a permitted use "by right" (rather than a conditionally permitted use) in a mixed use format on shopping center sites and commercial areas at a minimum density of 20 du/ac. In the zoning ordinance, residential uses currently are allowed in the Neighborhood Commercial (C-1) Zone, General Commercial (C-2) Zone and Local Shopping Center (C-L) Zone provided that residential uses are located above the ground floor of a mixed use development and subject to approval of a CUP. No density range is specified. The amendment proposes to allow residential uses as follows: • As a permitted use (rather than a conditionally permitted use) in the C-1, C-2 and C-L zones when developed as part of a mixed use project. • At a minimum density of 20 du/ac. • Subject to approval of an SDP. While the SDP is a discretionary permit approved by the Planning Commission, the Planning Commission may not restrict or prohibit the residential use as part of an SDP, which they can do with a CUP. The SDP allows discretion over development standards related to site design, landscaping, architecture, etc. The following limitations are proposed: • Residential uses must be located above the ground floor of a commercial building. This will limit the amount of residential uses on a mixed use project and maintain commercial as the predominant use. This limitation is the same as existing regulations. 1"^ ZCA 10-05/LCPA 10-04 - H.E. PROGRAM 2.1 - MIXED USE December 7, 2011 Page 3 • Minimum unit yield is determined by 25% of the net developable site acreage at 20 du/ac (net developable site acreage is the gross acreage minus development constraints as required by Carlsbad Municipal Code Section 21.53.230). • For density in excess of 20 du/ac, a finding must be made that the residential use is secondary and accessory to the primary commercial use of the site. IV. ANALYSIS A. General Plan consistency 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 2.6 - Encourage increased integration of housing with nonresidenfial development where appropriate. B. Zoning Ordinance and Local Coastal Program consistency 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 Program consistency The Growth Management Program established a dwelling unit cap for the city as well as individual quadrants. To ensure dwelling unit caps are not exceeded, Carlsbad developed a tracking system called the "Excess Dwelling Unit Bank" to account for projects approved both below and above the Growth Management Control Point (GMCP) densities. Excess dwelling units are units that have become available as a result of residential projects being approved and constructed with fewer dwelling units than would have been allowed by the Growth Management Control Point (GMCP) densities. Dwelling units that become "excess" shall be fl ZCA 10-05/LCPA 10-04 - H.E. PROGRAM 2.1 - MIXED USE December 7, 2011 Page 4 added to the bank, and may be allocated to projects located in any quadrant so long as the quadrant and citywide dwelling unit caps are not exceeded. For any future mixed use projects in the C-1, C-2 and C-L zones, all dwelling units must come from the bank because the primary land use designation for these properties is non-residential, and no residential units were allocated to these designations through the Growth Management Program. The 2005-2010 Housing Element determined that sufficient excess dwelling units exist in the bank for the implementation of Program 2.1, including future allocations for mixed use residential projects in the C-1, C-2 and C-L zones. As such, the Mixed Use 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 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 portions of Housing Element Program 2.1, including the Mixed Use 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 allow housing by right, in the form of mixed use residential and commercial projects developed at 20 du/ac, in Carlsbad's commercial zones. Residential uses are already conditionally permitted in C-1, C-2 and C-L zones with no stated limit on density. Because Program 2.1 would allow mixed use residential as a permitted use (by right), rather than by conditional use permit, the MND determined that no additional environmental review would be necessary. As such, 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. ATTACHMENTS: 1. Planning Commission Resolution No. 6842 (ZCA) 2. Planning Commission Resolution No. 6843 (LCPA) 3. Strikeout/underline version of the proposed Zoning Ordinance amendment ATTACHMENT 3 ZCA 10-05/LCPA 10-04 H.E. PROGRAM 2.1 - MIXED USE STRIKE-OUT/UNDERLINE AMENDMENTS TO CHAPTER 21.26 The list ol'scclions in Chapter 21.26 (C-1 Neighborhood Commercial Zone) is proposed to be amended by the addition ofthe reference to 21.26.015. 21.26.015 Residential uses in the C-1 Zone. 21.26.010 The following "Use" in Table A of Section 21.26.010 (C-1 Neighborhood Commercial Zone, Permitted uses) is proposed to be amended as follows: Use CUP Acc Residential uses located above the ground floor of a multi story. commercial building (subject to Section 21.42.140(B)(1JO)) (subject to Section 21.26.015 of this title) X 21.26.015l Section 21.26.015 is proposed to be added to Chapter 21.26 (C-1 Neighborhood Commercial Zone) as follows: 21.26.015 Residential uses in the C-1 Zone. Mixed use developments that propose residential uses in combination with commercial uses .shall comply with the following requirements. A. _ Residential uses shall be located above the ground floor of a multi-storied commercial building with one or more ofthe non-residential uses permitted bv Section 21.26.010 of this title located on the ground floor. B. Residential uses shall be subject to the requirements of the Chapters of this title, which include but are not limited to. 21.26, 21.44. and in the ca.se of airspace subdivisions, 21.47. C At the minimum, residential uses shall be constructed at the RHNA Base density For the Residential High (RH) General Plan designation of 20 units per acre as described on Table 2 of the General Plan Land Use Element, subject to appi'oval of a Site Development Plan processed in accordance with Chapter 21.06 of this title. 1. Density and yield of residential uses shall be determined consistent with the residential density calculations and residential development restrictions in Section 21.53.230 of this title and shall be based on 25% ofthe developable area. Unit yield in excess ofthe minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation preclude the development of at least one dwelling unit in a mixed use development. 2^ Residential uses shall be secondary and accessory to the primary commercial use ofthe site. Compliance with this provision shall he evaluated as part ofthe Site Development Plan. ATTACHMENT 3 Section 21.26.020 of Chapter 21.26 (C-1 Neighborhood Commercial Zone) is proposed to be amended as follows: 21.26.020 - Limitations on permitted uses in C-1 zone. Every non-residential use permitted shall be subject to the following conditions and limitations: (1) All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations, nurseries for sale of plants and flowers and other enterprises customarily conducted in the open; (2) Products made incident to a permitted use shall be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing, processing and treatment of products permitted herein; (3) Storage shall be limited to accessory storage of commodities sold at retail on the premises. AMENDMENTS TO CHAPTER 21.28 The list of sections in Chapter 21.28 (C-2 General Commercial Zone) is proposed to be amended by the addition ofthe reference to 21.28.015. 21.28.015 Residential uses in the C-2 Zone. 21.28.0101 The following "Use" in Table A of Section 21.28.010 (C-2 General Commercial Zone, Permitted uses) is proposed to be amended as follows: Use CUP Acc Residential uses located above the ground floor of a mtiiti storv^ commercial building (subject to Section 21.42.140(B)( 130)) (subject to Section 21.28.015 of this title) X 21.28.015 Section 21.28.015 is proposed to be added to Chapter 21.28 (C-2 General Commercial Zone) as follows: 21.28.015 Residential uses in the C-2 Zone. Mi.xed use developments that propose residential uses in combination with commercial uses shall comply with the following requirements. A. Residential uses shall be located above the ground floor of a multi-storied commercial building with one or more ofthe non-residential uses permitted by Section 21.28.010 of this title located on the ground tlooi'. B. Residential uses shall be subject to the requirements ofthe Chapters of this title, which include but are not limited to. 21.28, 21.44, and in the case of airspace subdivisions, 21.47. C. At the minimum, residential uses shall be con.structed at the RHNA Base density for the Residential High (RH) General Plan designation of 20 units per acre as described on Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan processed in accordance with Chapter 21.06 of this title. ATTACHMENT 3 JL Density and yield of residential uses shall be determined consistent with the residential density calculations and residential development restrictions in Section 21.53.230 of this title and shall be based on 25% ofthe developable area. Unit yield in excess ofthe minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation preclude the development of at least one dwelling unit in a mixed use development. 2, Residential uses shall be secondaiy and accessoiy to the primary commercial use of the site. Compliance with this provision shall be evaluated as part ofthe Site Development Plan. Section 21.28.020 of Chapter 21.28 (C-2 General Commercial Zone) is proposed to be amended as follows: 21.28.020 - Limitations on permitted uses. Every non-residential use permitted in the C-2 zone shall be subject to the following conditions and limitations: (1) All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations, horticultural nurseries and other enterprises customarily conducted in the open. (2) Products made incident to a permitted use and manufactured or processed on the premises shall be sold only at retail on the premises, and not more than five persons may be employed in such manufacturing, processing and treatment of products. (3) Storage shall be limited to accessory storage of commodities sold at retail on the premises. AMENDMENTS TO CHAPTER 21.31 The list of sections in Chapter 21.31 (C-L Local Shopping Center Zone) is proposed to be amended by the addition of the reference to 21.31.065. 21.31.065 Residential uses in the C-L Zone. 21.31.030 The following "Use" in Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) is proposed to be amended as follows: Use CUP Acc Residential uses located above the ground floor of a multi-story, commercial building (subject to Section 21.42.140(B)(130)) (subject to Section 21.31.065 of this title) X 21.31.030 The footnotes of Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) are proposed to be amended as follows: Notes: 1. Accessory buildings and structures and ancillary uses shall be developed as an integral part of a 25 ATTACHMENT 3 permitted use within or on the same structure or parcel of land. 2. Educational facilities, other. No individual educational facility shall occupy more than ten thousand square feet of gross leasableleo-seable floor area within any local shopping center. 3. Offices. The total floor area of an office uses shall not exceed forty percent of the gross leasableleaseable floor area within any local shopping center. 4. Retail sales may also include those types of goods and services that are typically offered by "community" retail establishmentsj. When "community" retail establishments are included in a local shopping center, they shall be subject to the following: the definition of a local shopping center, Section 21.31.020, and the function of the local shopping center land use class as described in the Carlsbad general plan. 5. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 21.31.065 Section 21.31.065 is proposed to be added to Chapter 21.31 (C-L Local Shopping Center Zone) as follows: 21.31.065 Residential uses in the C-L Zone. Mixed use developments that propose residential uses in combination with commercial uses shall comply with the following requirements. A, Residential uses shall be located above the ground floor of a multi-storied commercial building with one or more ofthe non-residential uses permitted by Section 21.31.030 of this title located on the ground floor. B, Residential uses shall be subject to the requirements of the Chapters of this title, which include but are not limited to. 21.3 1, 21.44. and in the case of ainspace subdivisions, 21.47. C At the minimtim. residential uses shall be constructed at the RHNA Base density for the Residential High (RH) General Plan designation of 20 units per acre as described on Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan processed in accordance with Chapter 21.06 of this title. \, Density aiid yield of residential uses shall be determined consistent with the residential density calculations and residential development restrictions in Section 21.53.230 of this title and shall be based on 25% ofthe developable area. Unit yield in excess ofthe minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation preclude the development of at least one dwelling unit in a mixed use development. 2, Residential uses shall be secondary and accessory to the primary commercial use ofthe site. Compliance with this provision shall be evaluated as part ofthe Site Development Plan. Section 21.31.070 of Chapter 21.31 (C-L Local Shopping Center Zone) is proposed to be amended as follows: 21.31.070 - Limitations on permitted uses in C-L zone. Every non-residential use permitted shall be subject to the following conditions and limitations: A. Conduct Uses in Buildings. All uses shall be conducted wholly within a building, except such uses as gasoline stations, nurseries for sale of plants and flowers, uses set out in Section 21.31.060, and other enterprises customarily conducted in the open or otherwise as identified and permitted in a site 2^ ATTACHMENT 3 development plan. The planning director is authorized to make any necessary interpretations of this subsection; B. On-Site Manufacture of Goods. Products made incident to a permitted use shall be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing of products permitted herein; C. Storage shall be limited to: 1. Accessory storage of commodities to be sold at retail on the premises; and 2. Materials to be recycled. AMENDMENTS TO CHAPTER 21.42 21.42.140 Section 21.42.140(B)(130) of Chapter 21.42 (Minor Conditional Use Permits and Conditional Use Permits) is proposed to be amended as shown: 130. Reserved.Residential uses located above the ground floor of a mtiiti storied commercial building: ii-. One or more of the uses permitted by Section 21.26.010 of this title is required to be located on the ground floor ofthe building. EXHIBIT 5 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. 2t$ Planning Commission Minutes December 7, 2011 Page 12 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 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 changing of the permitting process and therefore she cannot support the project. Commissioner Schumacher also stated he can support the project. Chairperson L'Heureux stated 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. 6842 and 6843 recommending approval of ZCA 10-05 and LCPA 10-04 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 6 and asked Mr. Neu to introduce the next item. 7. ELECTION OF OFFICERS Chairperson L'Heureux asked if there were any nominations for the position of Chairperson. Commissioner Nygaard nominated Commissioner Schumacher. Commissioner Siekmann seconded the motion. Commissioner Arnold nominated Chairperson L'Heureux for re-election. The motion was not seconded. By unanimous vote, Commissioner Schumacher was elected Chairperson for 2012. Chairperson L'Heureux asked if there were any nomination for the position of Vice Chairperson. Chairperson L'Heureux nominated Commissioner Siekmann. Commissioner Nygaard seconded the motion. Commissioner Arnold nominated Commissioner Nygaard. Commissioner Black seconded the motion. PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp 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 eig years and not a party to or interested in the a entitled matter. I am the principal clerk of the p of Proof of Publication of North County Tim( T Formerly known as the Blade-Citizen and The Advocate and which newspapers have adjudicated newspapers of general circulation b Superior Court of the County of San Diego, Ste California, for the City of Oceanside and the C Escondido, Court Decree number 171349, foi County of San Diego, that the notice of whic annexed is a printed copy (set in type not smallei nonpariel), has been published in each regula entire issue of said newspaper and not in 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. mim OF PU6U0 HEJ^ JWW^K HEREBY GWEN 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, Carlsbadr6a|foriila, at 6:00 p.m. on Tuesday, January 24,2012, to consider approving^ 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. 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 Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Carlsbad Gederal Plan Housing Element Program 2.1 by allowing residential uses as a permitted use in certain commercial zones. 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 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 thje public hearing described in this notice or in written correspondence delivered to tiie City of C^bad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior tp the public hearing. CASE FILE: ZCA 10-05/LCPA 10-04 CASE NAME: HOUSING ELEMENT PROGRAM 2.1 - MIXED USE PUBLISHV January 14,2012. CITY OF CARLSBAD CITY COUNCIL Dated at Escondido, California On this 16^ day January 2012 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 on this 13th day of January 2012. Clerk (of the Printer Space above for County Clerk's Filing Stamp CITY OF CARLSBAD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your Interest may be affect- ed, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carisbad, California, at 6:00 p.m. on Tuesday, January 24,2012, to consider approv- ing 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. Whereas, on December 7, 2011 the City of Carisbad Pianning 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 Zone Code Amendment and Local Coastal Program Amendment to imple- ment a portion of Carlsbad General Plan Housing Element Program 2.1 by allowing residential uses as a permitted use in certain commeiciai zones. 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 Pianning Division at (760) 602-4645 or corey.funk@carisbadcatgov. 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 publk; hearing described in this notice or In written correspondence delivered to the City of Carlsbad, Attn: City Cterk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: ZCA 10-05/LCPA 10-04 HOUSING ELEMENT PROGRAM 2.1 - MIXED USE PUBLISH: January 14, 2012. CITY OF CARLSBAD CITY COUNCIL 01/13/12 CN 12818 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 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. 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 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. 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@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 10-05/LCPA 10-04 CASE NAME: HOUSING ELEMENT PROGRAM 2.1 - MIXED USE PUBLISH: January 14, 2012. CITY OF CARLSBAD CITY COUNCIL Easy Peel Labels Use Avery® TEMPLATE 5160® j^Feed Paper See Instruction Sheet { for Easy 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®5l60® 1 i 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 SO 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 MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles h peier lltili<c@7 le aabarH- AVPRV® mRA® Sens de charaement Consultez la feullle (i'inctriirtinn www.avery.com 1.RnO-GO-AVFRY Easy Peel Labels Use Avety® TEMPLATE 5160® j^Feed Paper See Instruction Sheet j for Easy Peel r-fcture i. /TV iAVERY®si60® BARONA GROUP OF THE CAPITAN GRANDE EDWIN ROMERO, CHAIRPERSON 1095 BARONA 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 CA DEPT OF TRANSPORTATION DIV OF TRANSPORTATION PLANNING/COMMUNITY PLANNING 1120 NST, MS. 32-RM. 5124 SACRAMENTO CA 94274 CANNEL ISU\NDS 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 RM335 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 PLZ DR 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 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 DEPTOFATTY GEN RM700 110 WEST A ST SAN DIEGO CA 92101 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 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 CAUFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401BST SAN DIEGO CA 92101 SD COUNTY PU\NNING & 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 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 DEPT4169 430 G ST DAVIS CA 95606 l^tlquettes faciles h peler lltilicoT la nahari* AUCRV® iSIRA® $pn« de rharaement Consultez la feullle www.avery.com 1 ^Qnn_/:rt_ AIIEDV Easy Peel Labels Use Avery® TEMPLATE 5160® j • jTeed Paper See Instruction Sheet • for r j-y peel Feature I AVERY® 5160® WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 itlquettes faciles peler Consultez la feullle www.avery.com Housing Element 2.1 –Mixed UseZCA 10‐05/LCPA 10‐04 Background•Housing Element approved Dec. 2009•Portion of H.E. Program 2.1–Mixed Use•Project purpose–Allow residential as “permitted use” in certain commercial zones–Residential land used to meet RHNA must allow residential uses as a permitted use Amendment•Applicable Commercial Zones–Neighborhood Commercial Zone (C‐1) –General Commercial Zone (C‐2)–Local Shopping Center Zone (C‐L)•Residential currently allowed with CUP–Replace CUP with requirement for SDP–Permitted use vs. conditional use Amendment•Mixed Use Format for residential uses•Minimum density:  20 du/ac•Residential allowed above 1stfloor of commercial building•25% of site area can be used to calculate unit yield•Findings to exceed 20 du/ac 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‐172, APPROVING an amendment to the City of Carlsbad Zoning Ordinance (ZCA 10‐05), and ADOPT Resolution No. 2012‐023, APPROVING a Local Coastal Program Amendment (LCPA 10‐04) for consistency with ZCA 10‐05, based on the findings contained therein.