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HomeMy WebLinkAbout2012-02-14; City Council; 20807; H.E. Program 2.1 - Mixed UseCITY OF CARLSBAD - AGENDA BILL 10 AB# 20,807 HOUSING ELEMENT PROGRAM 2.1 - MIXED USE ZCA10-05 DEPT. DIRECTOR Jhl^ MTG. 2/14/12 HOUSING ELEMENT PROGRAM 2.1 - MIXED USE ZCA10-05 CITY ATTORNEY DEPT. Clerk HOUSING ELEMENT PROGRAM 2.1 - MIXED USE ZCA10-05 CiTY MANAGER RECOMMENDED ACTION: Adopt Ordinance No. CS-172. approving a Zone Code Amendment (ZCA 10-05) to implement a portion of Carlsbad General Plan Housing Element 2.1 of the adopted 2005-2010 Housing Element (GPA 03-02) and thereby allowing residential uses as pennitted in certain commercial zones. ITEM EXPLANATION: Ordinance No. CS-172 was introduced and first read at the City Council meeting held on January 24, 2012. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days. If adopted. (Notwithstanding, the preceding this ordinance shall not be effective until approved bv the Califomia Coastal Commission.) FISCAL IMPACT: See AB #20,795 on file in the Office of the City Clerk. 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. Ordinance No. CS-172. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.qov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • EXHIBIT 1 1 ORDINANCE NO.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 Carlsbad, California, does ordain as follows: SECTION I: That the list of sections in Chapter 2126 (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 2126.015 is added to Chapter 21.26 (C-1 Neighborhood 16 Commercial Zone) as follows: 17 2126.015 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 premises. 9 SECTION V: That the list of sections in Chapter 21.28 (C-2 General Commercial Zone) 10 is amended by the addition of the 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: 14 15 16 20 21 22 Use P CUP Acc Residential uses (subject to Section 21.28.015 of this title) X SECTION VII: That Section 21.28.015 is added to Chapter 21.28 (C-2 General j y Commercial Zone) as follows: 18 21.28.015 Residential uses in the C-2 Zone. Mixed use developments that propose residential uses in combination with commercial 1Q uses shall comply with the following requirements. A. Residential uses shall be located above the ground floor of a multi-stoned 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. 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, 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. 19 20 21 22 23 24 25 26 27 28 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. 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 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 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 ofthe Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. -3- 1 SECTION Xll: 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 DevelopmentPlan. 14 SECTION XIII: Section 21.31.070 of Chapter 21.31 (C-L Local Shopping Center ^5 Zone) is proposed to be amended as follows: 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 otherwise as identified and permitted in a site development plan. The City Planner is authorized to make any necessary interpretations of this subsection; 20 g 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: 22 ^ Accessory storage of commodities to be sold at retail on the premises; and 2. Materials to be recycled. SECTION XV: Section 2142.140(B)(130) of Chapter 21.42 (Minor Conditional Use Permits and Conditional Use Permits) is proposed to be amended as shown: 130. Reserved. /// -4- 21 23 24 25 26 27 28 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 Carlsbad within 4 fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be 5 effective until LCPA 10-04 is approved by ttie 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 /// 10 /// 11 /// 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 AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 14"^ day of February 2012, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney ATTEST: ^2^2222:^ tof^RAfNE M. WOOD, City Cler|^,„„, (SEAL) ^cY.>y^.'.