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HomeMy WebLinkAbout2012-11-27; City Council; 21057; Village Minimum Densities MP 12-01 LCPA 95-10(C)CITY OF CARLSBAD - AGENDA BILL 12 AB# 21.057 VILLAGE MINIMUM DENSITIES MP 12-01/LCPA 95-10(C) DEPT. DIRECTOR MTG. 11/27/12 VILLAGE MINIMUM DENSITIES MP 12-01/LCPA 95-10(C) CITY ATTORNEY DEPT. CED VILLAGE MINIMUM DENSITIES MP 12-01/LCPA 95-10(C) CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and ADOPT Resolution No. 2012-261 APPROVING amendments to the Village Master Plan and Design Manual (MP 12-01) and to the City of Carisbad Local Coastal Program (LCPA 95-10(C)), based upon the findings contained therein. ITEM EXPLANATION: Project Planning Commission City Council Coastal Commission MP 12-01 RA X LCPA 95-10(0 RA X ^ ** RA = Recommended approval X = Final city decision-making authority • = Requires Coastal Commission approval ** = LCPA 95-10(C) will not become effective until approved by Coastal Commission. Since the Village Master Plan and Design Manual is the Local Coastal Program for the Village area, proposed amendments affecting those portions of the Village area within the Coastal Zone will not become effective until approved by the Coastal Commission. The city proposes these amendments to implement Program 2.1 of the existing adopted Housing Element (2005-2012). The program calls for the city to increase the minimum densities for each of the land use districts of the Village Master Plan and Design Manual as follows: Village Land Use Districts Minimum Density (du/ac)* Maximum Density (du/ac) Village Land Use Districts Existing Proposed Existing Proposed 1-4 15 28 35 No change 5-9 15 18 23 No change *du/ac = dwelling units/acre Implementation of the program is necessary to comply with state law. State law requires cities to facilitate and encourage development of a variety of housing for all income levels. In Carlsbad and other jurisdictions, this is accomplished in part by raising minimum densities. Earlier this year, the city took similar action for many properties outside the Village area as well, approving a minimum density increase for medium-high (RMH) and most high density (RH) residentially-designated properties. DEPARTMENT CONTACTS: Scott Donnell 760-602-4618 scott.donnell@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ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 The increase in minimum densities is proposed to help facilitate housing for lower-income persons. However, approval of the minimum density increase in the Village would still permit housing construction for any income group. Approval would also not result in any housing construction; instead, it simply establishes a new minimum density. On September 5, 2012, the Planning Commission recommended project approval, voting 5-1-1 (Commissioner Arnold opposed and Commissioner Siekmann absent). One speaker gave public testimony. The Planning Commission staff report and minutes are attached. Many commissioners and the speaker expressed concern about the ability of projects to meet the proposed minimum densities, particularly mixed use projects in land use districts 1-4. In these districts, the minimum density would increase from 15 to 28 du/ac. In reply, staff noted existing Village Master Plan and Design Manual provisions that (1) allow development standards to be modified if necessary to meet minimum densities (Exhibit 3) and (2) permit density reduction below the required minimum subject to findings. This latter provision, revised to reflect the new proposed minimum densities, is included as part of the adopted Planning Commission Resolution (Exhibit 2). Additionally, proposed changes encourage the consolidation of parcels; consolidation may increase development feasibility. To further address the concerns stated and consistent with the adopted Housing Element, staff recommends insertion of additional text to clarify that the minimum density for mixed use projects shall be calculated based on fifty percent of a project's developable area. An attachment to the City Council resolution shows the proposed insertion (Attachment A to Exhibit 1). Because the additional text simply clarifies how to determine the minimum density for mixed use projects, it does not constitute a substantial modification of the amendments previously considered by the Planning Commission. Therefore, it does not require review by the Planning Commission before the City Council takes action consistent with Zoning Ordinance Section 21.52.050 B.2. At the meeting, one commissioner also felt density numbers had been arbitrarily assigned in the Village. Staff does not concur with this concern and notes the proposed minimum densities are within the density ranges already in place. Further, of the two minimum densities proposed (18 and 28 du/ac), the higher minimum density is proposed only in the districts that already have the higher maximum density. Those districts with a higher maximum density are concentrated in the core of the Village. In summary, staff is proposing no change to the established Village density scheme. An email to the Planning Commission, sent after the September 5 Planning Commission hearing, is also attached for the City Council's consideration. FISCAL IMPACT: The recommended actions require normal city costs to file an environmental notice with the County Clerk and process the Local Coastal Program Amendment through the Coastal Commission. ENVIRONMENTAL IMPACT: Staff has analyzed the project. No potentially significant impacts would result with the implementation of the amendments that were not previously examined and evaluated in the adopted Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the 2005-2010 Housing Element (CPA 03-02), dated December 22, 2009. The MND comprehensively evaluated potential environmental effects of housing facilitated by Housing Element program implementation. The attached Planning Commission resolution finds the project within the scope of the previously adopted MND and MMRP. The recommended City Council resolution incorporates this finding. Page 3 EXHIBITS: 1. City Council Resolution No. 2012-261 (MP 12-01 and LCPA 95-10(C)) 2. Planning Commission Resolution No. 6905 3. Village Master Plan and Design Manual excerpt, "Universal Standards - Development Standards Modifications" 4. Planning Commission Staff Report dated September 5, 2012 5. Planning Commission meeting minutes dated September 5, 2012 6. September 11, 2012, email to Planning Commission from Pauline Wrotkowski. 18 19 20 21 22 23 24 25 26 27 The City Council of the City of Carisbad, Califomia, does hereby resolve as EXHIBIT 1 1 RESOLUTION NO. 2012-261 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO 3 THE TEXT OF THE VILLAGE MASTER PLAN AND DESIGN MANUAL AND LOCAL COASTAL PROGRAM TO IMPLEMENT 4 PART OF PROGRAM 2.1 (ADEQUATE SITES) OF THE 2005- 2010 HOUSING ELEMENT BY INCREASING THE MINIMUM 5 DENSITIES OF ALL LAND USE DISTRICTS IDENTIFIED IN THE VILLAGE MASTER PLAN AND DESIGN MANUAL. 6 CASE NAME: VILLAGE MINIMUM DENSITIES CASE NO.: MP 12-01/LCPA 95-10(0 7 8 follows: 9 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 10 Commission did, on September 5, 2012, hold a duly noticed public hearing as prescribed by law 11 to consider MP 12-01 and LCPA 95-10(0) as referenced in Planning Commission Resolution 12 No. 6905; and 1^ WHEREAS, the Village Master Plan and Design Manual (Master Plan) also 14 serves as the Local Coastal Program for Village Area properties within the Coastal Zone; and 1^ WHEREAS, the Planning Commission adopted Planning Commission Resolution 1^ No. 6905 and recommended to the City Council approval of MP 12-01 and LCPA 95-10(0); and 1^ WHEREAS, subsequent to the Planning Commission meeting, additional wording has been proposed to the Master Plan text amendments recommended for approval by the Planning Commission to clarify how density is to be calculated for mixed use projects; and WHEREAS, mixed use projects, which often feature ground floor retail uses and upper floor residential uses, are encouraged in the Village by the Master Plan; and WHEREAS, the additional wording responds to concems expressed at the Planning Commission meeting that proposed minimum densities may be difficult to meet, particulariy for mixed use projects in Master Plan land use districts 1-4; and WHEREAS, the additional wording, which proposes that the minimum density for mixed use projects shall be calculated based on fifty percent of a project's developable area, is consistent with the calculations utilized in the adopted 2005-2012 Housing Element to determine 1 Govemment Code Section 65863, does not reduce or permit the reduction of residential density 2 on any parcel to a density beiow that which was utilized by the state Department of Housing and 3 Community Development in determining compliance with housing element law; and 4 WHEREAS, because the additional wording only clarifies how to determine 5 density for mixed use projects consistent with the adopted 2005-2012 housing element, it does 6 not constitute a substantial modification of the amendments previously considered by the 7 Planning Commission; therefore, it does not require review by the Planning Commission before 8 the City Council takes action according to Zoning Ordinance Section 21.52.050 B.2.; and 9 WHEREAS, the additional wording is shown on Attachment "A" dated October 5, 10 2012, and attached hereto; and 11 WHEREAS, the City Council of the City of Carisbad, on the 27th day of 12 November, 2012, held a duly noticed public hearing to consider said amendments to the Master 1^ Plan and Local Coastal Program; and 14 WHEREAS, at said public hearing, upon hearing and considering all testimony 1^ and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 1^ relating to the Master Plan and Local Coastal Program amendments. 1'7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 1 Q * ° of Carisbad as follows: 19 1. That the above recitations are true and correct. 20 2. That the recommendations of the Planning Commission for the approval 21 of MP 12-01 and LCPA 95-10(0) are adopted and approved, except as modified by the additional clarifying wording shown on Attachment "A" attached hereto, and that the findings of 22 the Planning Commission contained in Planning Commission Resolution No. 6905 on file with the City Cleric and incorporated herein by reference are the findings of the City Council. 23 3. That the approval of LCPA 95-10(0) shall not become effective within the 24 Coastal Zone until it is approved by the Califomia Coastal Commission and the Califomia Coastal Commission's approval becomes effective. 25 4. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carisbad Municipal Code, "Time Limits for Judicial Review," shall apply: 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 //// "NOTICE TO INTERESTED PARTIES' The fime within which judicial review of this decision must be sought is govemed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of 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 nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost 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 foliowing the date on which the record is either personally delivered or mailed to the party, or his attomey 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, City of Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008." 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carisbad on the 27th day of November, 2012, by the following vote to wit: AYES: NOES: Council Members Kulchin, Blackbum, Douglas None ABSENT: Council Members Hall, Packard MATT HALL, Mayor ATTEST: LORe^N^^m/d)OD. cm Cletk Karen R. Kundtz, Assistant City Clerk (SEAL) ^^^^^^^ 7 Attachment A to City Council Resolution Approving MP 12-01/LCPA 95-10(C) October 5, 2012 Amendment to the Carlsbad Village Master Plan and Design Manual • Underline and Gtrikoout text indicates changes recommended for approval by Planning Commission Resolution 6905. • Double underline and bold text indicates additional changes recommended for approval proposed subsequent to adoption of Planning Commission Resolution 6905. Changes affect only the first paragraph below. Proposed changes affect the Universal Standards section of Chapter 3, Development Standards, by amending existing "Residential Density" provisions and adding a new "Lot Consolidation" section as follows: Residential Density The properties within the Village Area do not have a residential density assigned to them for Growth Management Program compliance purposes. Therefore, the minimum and maximum densities for development that includes residential within the Village Area are set forth herein. For Land Use Districts 1-4 ofthe Village Area, the minimum densit\- shall he 28 dwelling units per acre andjhe maximum density permitted for a de\-elopmont that includcG residential shall be 35 dwelling units per acre. For Land Use Districts 5-9, the minimum densitY shall be18 dwelliim units per acre andihe maximum density t^r a dovelopmont that includoa residential shall be 23 dwelling units per acre. The minimum density tbr all land use districts with dovolopment that includes residential in the Village A r.>o rhnU hn 1S Hiv.>llina uniti. per u m Fnr mixed use projects in all land use districts, the minimum densitv shall be calculated based on fiftv percent of the developable area. A density bonus may be granted in accordance with Chapter 21.86 of the Carlsbad Municipal Code to exceed the maximum densitigsy noted above. A density increase may also be granted, on a case-by- case basis, for the purposes of providing affordable housing for low and/or moderate income households and/or when an applicant can provide acceptable evidence to the City Council that the density increase is necessary in order for the development to qualify for silver level or higher LEED Certification, or a comparable green building rating, and assist in maintaining the financial feasibility of the development and/or when the City Council determines that a project has significant public benefit or assists in meeting the goals and objectives set forth within the Village Master Plan. To approve a density above the maximums set forth herein, the following findings must be made by the City Council: 1. That the project will provide sufficient additional public facilities for the density in excess of the maximum permitted to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. 2. That there have been sufficient developments approved in the quadrant gjensiliei^elow their maximum densities Cirowth Management Conlrol Wnnis so the approval will not result in exceeding the quadrant limit. Attachment A to City Council Resolution Approving MP 12-01/LCPA 95-10(C) October 5, 2012 3. That all necessary public facilities 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. The minimum residential density for the Village shall be 4^18 or 28 dwelling units per acre, as noted above. Pursuant to Califomia Govemment Code Section 65863, the city utilized tiiese minimum densities23 dwelling unitf5 to an acre in the Village for purposes of determining the adequacy of sites to provide for affordable housing in its 2005-2010 Housing Element. As a result, to approve a development that includes residential density below either minimum23 dwelling units per acre, the following findings must be made by the City Council: 1. The reduction is consistent with the adopted General Plan, including the Housing Element. 2. The remaining sites identified in the housing element are adequate to accommodate the city's share of the regional housing need pursuant to Govemment Code Section 65584. In future Housing Elements, the density may be revised as appropriate and this section of the Village Master Plan and Design Manual shall be revised by reference accordingly. In no case shall the residential density be below the minimum of 15 dwelling units per acre. ^Pursuant to City Council Policy No. 43, Aall housing located in the Village Area qualifies for, and requires^ an allocation of excess units fi'om the Proposition E "Excess Dwelling" Unit Bank. The criteria for withdrawing units from the Excess Dwelling Unit Bank are contained in City Council PoiicvNo. 43. Lot Consolidation Because there are generally very small lots within the Village Area, it is often difficult to develop them in a financially feasible manner without lot consolidation. As a general policy, the City encourages lot consolidation within the Village Area and will assist developers, builders, and property owners to identiiy potential sites for consolidation as needed. EXHIBIT 2 ^ PLANNING COMMISSION RESOLUTION NO. 6905 ^ A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING (1) APPROVAL OF AN AMENDMENT TO THE VILLAGE 4 MASTER PLAN AND DESIGN MANUAL TO RAISE THE MINIMUM DENSITIES OF ALL LAND USE DISTRICTS IN THE CARLSBAD VILLAGE AREA AND TO ADD A 5 STATEMENT ENCOURAGING LOT CONSOLIDATION PER 2005-2010 HOUSING ELEMENT PROGRAM 2.1 AND (2) 7 THAT THE AMENDMENT IS WITHIN THE SCOPE OF THE MITIGATED NEGATIVE DECLARATION PREVIOUSLY 8 ADOPTED FOR THE 2005-2010 HOUSING ELEMENT. CASE NAME: VILLAGE MINIMUM DENSITIES CASE NO: MP 12-01/LCPA 95-lO(C) 5 9 10 11 12 WHEREAS, the City of Carlsbad has filed a verified application to amend the Village Master Plan and Design Manual that constitutes a request for a Master Plan Amendment and a Local Coastal Program Amendment as shown on Exhibit "A" dated 14 September 5, 2012, attached hereto, as provided in Zoning Ordinance Secfion 21.35.150 and 15 Public Resources Code Section 30514 and Secfion 13551 of Califomia Code of Regulafions Title 14, Division 5.5, respectively; and 17 WHEREAS, the Village Master Plan and Design Manual and the ordinances 18 that implement it serve as the Local Coastal Plan for the Village segment of the Carlsbad 2Q Local Coastal Program and also regulate land use for properties outside the Coastal Zone 21 that are within the boundaries of the Village Area; and 22 WHEREAS, said verified application implements a part of Program 2.1, Adequate Sites, of the City of Carlsbad 2005-2010 Housing Element (extended through 2012) that calls for the city to raise the minimum residential densities for all land use districts of the Village Area and encourage lot consolidation; and WHEREAS, state housing law, as expressed in Government Code Section 23 24 25 26 27 23 65583(c), requires cities to remove governmental constraints and identify sites to facilitate and encourage the development of a variety of housing for all income levels; and 8 9 10 11 12 WHEREAS, the Planning Commission did on September 5, 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 5 relating to the Master Plan Amendment and Local Coastal Program Amendment; and 7 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. 13 B) At the end of the State-mandated six-week review period for LCPA 95-10(C), starting on July 20, 2012, and ending on August 31, 2012, staff shall present to 14 the City Council a summary of the comments received. 1^ C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGE MINIMUM DENSITIES - MP 12-01/LCPA 95-10(C) based on the following findings: 16 17 18 Findings; I. The project to amend the Village Master Plan and Design Manual meets the 1^ requirements of and is in conformity with the policies of Chapter 3 of the Coastal Act in 2Q that the amendment raises minimum residential densities for all Village land use districts and encourages lot consolidation, proposes no development or new land 21 uses, and does not change or conflict with Coastal Act requirements, such as protection of biological resources and public views, with which development in the 22 coastal zone must comply. 23 2. The project does not require changes to and is consistent with the implementing 2^ ordinances of the Village segment, including Zoning Ordinance chapters 21.35, 21.41 and 21.81, which contain permit requirements, review procedures, and sign 25 standards. 26 3. The project is consistent with General Plan Land Use Element Residential Goal A.l to provide a variety of housing types and density ranges to meet the diverse 27 economic requirements of residents, among other things; the amendment is also 2g consistent with a General Plan Land Use Element Village Goal A.4 to encourage a variety of complimentary uses, including residences, to enhance the Village as a place to live. PC RESO NO. 6905 -2- I 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 4. The project is required to bring the Village Master Plan and Design Manual into consistency with the General Plan Housing Element Program 2.1, which establishes objectives of amending the Village Master Plan and Design Manual to raise minimum residential densities of all Village land use districts and encourage lot consolidation. 5. By establishing minimum densities and encouraging lot consolidation consistent with Housing Element Program 2.1, the project complies with Government Code Section 65583(c), which requires cities to remove governmental constraints and identify sites to facilitate and encourage the development of a variefy of housing for all income levels. 6. The project furthers Housing Element Goal 3, which encourages sufficient new, affordable housing opportunities to meet the needs of current and future lower income households throughout Carlsbad. 7. The project is consistent with Village Master Plan and Design Manual goals and objectives to establish the Village as a qualify living environment (Goal 1) and stimulate new development (Goal 3) through increasing the number, qualify, diversify and affordabilify of housing within the Village (Objective 1.8), increasing the intensify of development (Objective 3.3) and recognizing the unique small lot conditions within the Village Area (Objective 3.1). 8. The Planning Commission has determined that: a. The project is a subsequent activity of the 2005-2010 Housing Element, for which a Mitigated Negative Declaration (CPA 03-02, SCH #2006051076) was previously adopted; b. The project is consistent with the 2005-2010 Housing Element cited above; c. The project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and d. None of the circumstances requiring a Subsequent EIR, Mitigated Negative Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist. 9. LCPA 95-10(C) shall not be effective within the Coastal Zone until approved by the California Coastal Commission and until such approval becomes effective. PC RESO NO. 6905 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City ofCarlsbad, held on September 5,2012, by the following vote, to wit AYES: Chairperson Schumacher, Commissioner Black, Commissioner L'Heureux, Commissioner Nygaard, and Commissioner Scully NOES: Commissioner Amold ABSENT: Commissioner Siekmann ABSTAIN: 1 2 3 4 5 6 7 8 9 11 MICHAEL SCHUMACHER, Chairperson ^2 CARLSBAD PLANNING COMMISSION 13 14 15 16 ATTEST: DON NEU 17 City Planner 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6905 -4- Exhibit 3 Village Master Plan & Design Manual standard modification for density (emphasis added) Univ^Biis^l StHfici^rds These standards are applicable to all development in the Village Area. Development Standard Modifications Modifications to the development standards may be permitted by the City Coxmdl in all land use districts of the Village Area for developments where the applicant can provide acceptable evidence that a requested development standard modification is 1) necessary to provide housing affordable to low and/or moderate income households, and/or 2) necessary in order for the development to qualify for silver level or higher LEED (Leadership in Energy & Environmental Design) Certification, or a comparable green building rating, and to maintain the financial feasibility of the development with such certification. Development standard modifications may also be pemiitted by the City Council if 1) the applicant can provide acceptable evidence that application of the development standards will preclude the construction of a residential development at densities at ot above the minimum set forth for the applicable land use district^ or 2) for projects that have a significant public benefit as determined by the City Council or that assist the Council in meeting the goals and objectives set forth within the Village Master Plan and Design Manual. Through Village Review permit approvals, modifications may include, but are not limited to: 1. Density 2. Parking standards 3. Building setbacks 4. Height 5. Open space General Plan All Village development projects must be consistent with aU General Plan policies, goals, and action programs. I Residential Density The properties within the Village Area do not have a residential density assigned to them for Growth Management Program compliance purposes. Therefore, the minimum and maximum densities for development that includes residential within the Village Area are set forth herein. For Land Use Districts 1-4 of the Village Area, the maximum density permitted for a development that includes residential shall be 35 dwelling units per acre. For Land Use Districts 5-9, the maximum density for a development that includes residential shall be 23 dwelling units per acre. The minimum density for all land use districts with development that includes residential in the Village Area shall be 15 dwelling units per acre. A density bonus may be granted in accordance with Chapter 21.86 of the Carlsbad Municipal Code to exceed the maximum density noted above. A density increase may also be granted, on a case-by-case basis, for the purposes of providing affordable housing for low and/or moderate income households and/or when an applicant can provide acceptable evidence to the City Council that the density increase is necessary in order for the development to qualify for silver level or higher LEED Certification, or a 98 City ofCarlsbad Village Master Plan and Design Manual Ihe City of Garlsbad Planning Division ^ EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. 0 Application complete date: N/A P.C. AGENDA OF: September 5, 2012 Project Planner: Scott Donnell Project Engineer: N/A SUBJECT: MP 12-01/LCPA 95-10(0 - VILLAGE MINIMUM DENSITIES - A request to recommend (1) approval of an amendment to the Village Master Plan and Design Manual to implement part of Program 2.1 of the 2005-2010 Housing Element, and (2) that the amendment is within the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element. I. RECOMMENDATION That the Planning Conmiission ADOPT Planning Commission Resolution No. 6905 RECOMMENDING that MP 12-01/LCPA 95-10(C) is within the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and RECOMMENDING APPROVAL of MP 12-01/LCPA 95-10(C) based on the findings contained therein. II. INTRODUCTION The city proposes to implement the part of Program 2.1 of tiie existing adopted Housing Element regarding tiie Village Master Plan and Design Manual. The proposed amendment would raise minimum residential densities and encourage lot consolidation. The amendment is needed to help the city meet its Regional Housing Needs Assessment (RHNA) for the current 2005-2012 housing cycle by facilitating residential development. RHNA is an estimate of housing needed to accommodate growth projected by income distribution, which is determined for four income categories: very low, low (together, "lower") moderate, and above moderate. While the city does not have to construct housing to meet its RHNA need, it must provide opportunities to enable this housing to be built. Those opportunities include designating land or areas of the city at densities the state considers appropriate for different income groups. Higher densities, for example, can contribute to home affordability. Implementation of Program 2.1 would raise the minimum densities in all Village land use districts; the proposed minimums could facilitate the construction of housing affordable to persons of lower incomes. In addition, recognizing tiiat the predominance of small lots in the Village Area may be an obstacle to development, Program 2.1 implementation would also be achieved by the proposed addition of a statement supporting lot consolidation. Attached is a map of the Village Review Area, its nine land use districts, and the boundary ofthe Coastal Zone. MP 12-01/LCPA 95-10(C) September 5, 2012 PAGE 2 VILLAGE MINIMUM DENSITIES Adopted by the city in 2009, the current Housing Element was certified by the state in March 2010. The Housing Element addresses Carlsbad housing needs through the end of this year. An updated Housing Element for the 2013 - 2020 housing cycle will be proposed for adoption as part of the General Plan update in early 2013. III. PROJECT DESCRIPTION AND BACKGROUND The project would implement two of three actions Program 2.1 identifies tiie city is to take regarding the Village Area: 1. Raise minimum densities 2. Encourage lot consolidation The third action, to permit standards modifications to ensure projects can meet the minimum densities, was accomplished by a previous amendment. Regarding raising minimum densities. Program 2.1 states the following: The City shall process amendments to the Village Redevelopment Master Plan and Design Manual and/or other planning documents as necessary to establish, for residential projects and mixed use projects with residential components within the Village Redevelopment Area, minimum densities equal to 80% of the maximum of the density range. For land use districts 1 - 4 (density range of 15 - 35 units per acre), as specified in the Carlsbad Village Redevelopment Master Plan and Design Manual, 80% shall be 28 units per acre. For land use districts 5 - 9 (density range of 15 - 23 units per acre), 80% shall be 18 units per acre. The proposed new minimimi densities would be within the existing density range and would not change existing maximum densities, as the table below shows. Village Land Use Districts Minimum Density (du/ac)* Maximimi Density (du/ac) Village Land Use Districts Existing Proposed Existing Proposed 1-4 15 28 35 No change 5-9 15 18 23 No change *du/ac = dwelling units/acre Generally, Land Use Districts 5-9 have a lower proposed minimum density and a lower existing maximum density as they are more residentially focused, tend to transition to single-family home neighborhoods, and are outside the core of the Village Area where commercial use is emphasized. The commercial core extends between Carlsbad Boulevard and Interstate 5 and generally along Grand Avenue and Carlsbad Village Drive. Program 2.1 also calls for the city to encourage the merging pf small parcels. Based on research performed for the adopted Housing Element, the average parcel size in the Village Area is 0.40 acre. Accordingly, Program 2.1 states: MP 12-01/LCPA 95-10(C) - VILLAGE MESFIMUM DENSITIES Septembers, 2012 PAGE 3 The City will encourage the consolidation of small parcels in order to facilitate larger-scale developments. Specifically, the City will make available an inventory of vacant and underutilized properties to interested developers, market infill and redevelopment opportunities throughout tiie City, particularly in the Village Redevelopment Area and proposed Barrio Area, and meet with developers to identify and discuss potential project sites. To fulfill this part of Program 2.1, the city has already completed the inventory described, and that inventory and an accompanying map may be foxmd in the adopted Housing Element Appendix F. Further, the city's Housing and Neighborhood Services Department maintains a monthly "Real Estate Hot Sheet" that lists properties that are available for lease and for sale within the Village Area. (Please note that provisions to encourage lot consolidation in the Barrio Area are subject to separate approval and are not discussed here.) Finally, the proposed amendment would add a statement tiiat the city encourages consolidation within the Village Area and offer its assistance in identifying potential properties to merge. The basis for this assistance would be the information found in Appendix F. All proposed changes, whether to raise minimum densities or encourage the merging of properties, are contained in the "Universal Standards" section, Development Standards chapter, of the Village Master Plan and Design Manual. The changes proposed are shown on the underline and strikeout exhibit to tiie attached Planning Commission resolution. The addition of a statement encouraging lot consolidation would follow the "Residential Density" provisions proposed for amendment. IV. ANALYSIS A. General Plan The General Plan contains a fi-amework of land use and housing goals, objectives, policies and programs. Table A below summarizes how the proposed amendment complies with relevant parts of this policy fi-amework. ELEMENT STANDARD PROJECT COMPLY? Land Use (Residential Goal A. 1) A City which provides for a variety of housing types and density ranges to meet the diverse economic and social requirements of residents, yet still ensure a cohesive urban form with careful regard for compatibility while retaining the present predominance of single family residences. Proposed minimum densities of 18 and 28 du/ac are appropriate for the Village Area, which features a mix of uses, including high density housing and commercial services, in an urban setting served by transit. Proposed densities promote housing affordable to lower income households. Yes /7 MP 12-01/LCPA 95-10(C) - VILLAGE MINIMUM DENSITIES Septembers, 2012 PAGE 4 TABLE A - SUMMARY OF PROPOSED AMENDMENTS CONTINUED ELEMENT STANDARD PROJECT COMPLY? Land Use (Residential Goal A. 1) A City which provides for a variety of housing types and density ranges to meet tiie diverse economic and social requirements of residents, yet still ensure a cohesive urban form with careful regard for compatibility while retaining the present predominance of single family residences. Proposed minimum densities of 18 and 28 du/ac are appropriate for the Village Area, which features a mix of uses, including high density housing and commercial services, in an urban setting served by transit. Proposed densities promote housing affordable to lower income households. Yes Land Use (Village Goal A.4) A City that encourages a variety of complimentary uses such as a combination of residential and commercial uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The proposal does not change the uses permitted or provisionally permitted in the Village. The higher minimum densities proposed may yield increased pedestrian traffic and demand for commercial services. Yes Land Use (Village Policy/Action Program C.4) Promote inclusion of housing opportunities in the Village as part of a mixed-use concept. The proposal does not conflict with the policy to encourage mixed- use developments. As described in Housing Element Section 3, several Village Area mixed-use projects recently approved or built have densities (15 to 23 du/ac) similar to the proposed minimum densities. Yes Housing (Goal 3) Sufficient new, affordable housing opportunities in all quadrants of the city to meet the needs of current lower and moderate income households and those with special needs, and. a fair share proportion of future lower and moderate income households. The Housing Element and state Housing and Community Development Department identify the proposed densities as appropriate for helping to meet housing needs for lower income households. Yes B. Village Master Plan and Design Manual Master Plan and Design Manual Amendment Table B below summarizes how the proposed amendment complies with relevant goals and objectives of tiie Village Master Plan and Design Manual. MP 12-01/LCPA 95-10(C) September 5, 2012 PAGE 5 V ILLAGE MINIMUM DENSITIES GOAL OBJECTTV^E PROJECT COMPLY? Establish Carlsbad Village as a quality shopping, working, and living environment. (Goal 1) Increase the number, quality, diversity and affordability of housing units within the Village. (Objective 1.8) Proposed minimum densities of 18 and 28 du/ac promote housing affordable to lower and moderate income households. Yes Stimulate property improvements and new developments in the Village. (Goal 3) Establish and modify development standards as necessary and appropriate which recognize the imique small lot conditions within the Village. (Objective 3.1) Consistent with this objective, the Master Plan and Design Manual already permits standards modifications as necessary to, among other things, meet minimum densities. Recommended amendment wording to encourage lot consolidation recognizes these small lot conditions. Yes Stimulate property improvements and new developments in the Village. (Goal 3) Increase the intensity of development within the Village. (Objective 3.3) The project would permit higher minimum densities. Yes Stimulate property improvements and new developments in the Village. (Goal 3) Provide greater certainty as to acceptable land uses and development intensities. (Objective 3.5) The amendment helps meet this policy by providing more specific density ranges (that vary among districts) and encouraging property mergers. Yes Local Coastal Program Amendment The Local Coastal Program policies, which implement on a local level tiie state Coastal Act, emphasize topics such as preservation of agricultural lands and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. Because of tiie Village Area's urban nature and location away from the coast line, many of these subjects do not apply. The Village Master Plan and Design Manual serves as the Local Coastal Program in the Village area. Altiidugh the amendment would revise minimum densities within existing density ranges and encourage lot consolidation, it would otherwise not change land use or development standards and would be consistent witii Coastal Act requirements. Additionally, the amendment would not conflict with any coastal zone regulation, land use designation or policy with which development must comply. Furthermore, the proposed amendment would not exempt development from a Coastal Development Permit that is not otherwise exempt. A Coastal Development Permit will still be required for applicable development and discretionary review would ensure that the proposed development is consistent with the policies of tiie Local Coastal Program. By processing this MP 12-01/LCPA 95-10(C) - VILLAGE MINIMUM DENSITIES Septembers, 2012 PAGE 6 Local Coastal Program Amendment, consistency between tiie Village Master Plan and Design Manual and Local Coastal Program would be maintained. C. Airport Land Use Compatibility Plan The Village Review Area is outside the Airport Influence Area of the McClellan-Palomar Airport Land Use Compatibility Plan. Therefore, a consistency analysis is unnecessary. D. Growth Management As with all development in Carlsbad, housing constructed in tiie Village Area would need to comply witii Grovs^h Management standards. In 2007, tiie City Council approved tiie current density ranges for the Village Area (15-23 du/ac for Land Use Districts 1-4 and 15-35 du/ac for Land Use Districts 5-9). Previously, the maximum permitted density in the Village Area was 23 du/ac. The 2007 approval was based on analysis that the 937 additional units that could result from new and higher density ranges would remain consistent witii growth projections and that no significant improvements would be required to public infrastructure. (This analysis considered a maximum density of 45 du/ac in Land Use Districts 5-9; tiie 2007 approval reduced this to the present maximum of 3 5 du/ac.) To determine the dwelling unit yield that would result from projects constructed at tiie proposed minimum densities of 18 and 28 du/ac, staff conducted an intensive study of all Village Area parcels. The results of this analysis, contained in Appendix F of the adopted Housing Element, determined that 875 units could result if projects were constructed at tiie proposed density minimums, a yield below that considered in the 2007 approval. Unlike residentially-designated properties elsewhere, properties within the Village Area do not have a residential designation assigned to them for Grov^^ Management Program compliance purposes. This means Village Area properties have no unit allocation and no Growth Management Control Point. Therefore, approval of residences in tiie Village Area always requires a withdrawal of units from the Excess Dwelling Unit Bank. The Excess Dwelling Unit Bank receives allocations of units from projects city-wide that are approved at densities below their Growth Management Control Point or that convert from a residential to non-residential land use designation. Over time, these imits accumulate and become available for use by other projects. Other projects that may need allocations, for example, include a residential development in the Village Area or a project proposing a density above the Growth Management Control Point. The allocation of all units from the bank is regulated by City Council PoHcy 43. As of May 31, 2012, the Excess Dwelling Unit Bank had a balance of 3,003 units. These units are available to residential development throughout Carlsbad, subject to the cap on dwelling units applicable to each quadrant. Analysis performed as part of the adopted Housing Element and tiie more recent Envision Carlsbad General Plan Update reveal the Excess Dwelling Unit Bank balance is adequate to supply the 875 unit yield determined by the Housing Element for the Village Area. ) ") MP 12-01/LCPA 95-10(C) - VILLAGE MINIMUM DENSITIES Septembers, 2012 PAGE 7 Recommended changes regarding Excess Dwelling Unit Bank allocations for Village Area projects are proposed so it is clear withdrawals are subject to the criteria contained in City Council Policy 43. Changes to the findings required of projects that propose densities above Village Area maximums are proposed as well to match the standard findings used elsewhere in the city. V. ENVIRONMENTAL REVIEW Staff has analyzed the project and has concluded that no potentially significant impacts would result with tiie implementation of the amendment tiiat were not previously examined and evaluated in the adopted Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for tiie 2005-2010 Housing Element (GPA 03-02), dated December 22, 2009. The MND for GPA 03-02 comprehensively evaluated the potential environmental effects of future housing faciHtated by implementation of Housing Element programs. Regarding tiie amendment in particular, tiie MND noted tiie proposed minimum densities are within existing Village Master Plan and Design Manual density ranges and would result in fewer units (875) than units anticipated to result (937) from adoption of those density ranges in 2007. Since adoption of density ranges was subject to environmental review that included analysis of the potential environmental impacts of tiie 937 units, the MND concluded additional environmental review is not required to implement Program 2.1 changes to the Village Master Plan and Design Manual. The attached Planning Commission resolution finds the project within tiie scope of the previously adopted MND and MMRP. The MND and MMRP are available for review on the city's website and at the Planning Department. ATTACHMENTS: 1. Planning Commission Resolution No. 6905 2. Village Area Land Use Districts map PACIFIC. .OQEAU ••.••PtrEW'. City of Carlsbad Village Area Land Use Districts EXHIBIT 5 Planning Commission Minutes September 5,2012 Page 2 1. MP 12-01/LCPA 95-10(0 - VILLAGE MINIMUM DENSITIES - A request to recommend (1) approval of an amendment to the Village Master Plan and Design Manual to implement part of Program 2.1 of the 2005-2010 Housing Element, and (2) that the amendment is within the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element. Mr. Neu introduced Agenda Item 1 and stated Senior Planner Scott Donnell would make the staff presentation. Chairperson Schumacher opened the public hearing on Agenda Item 1. Mr. Donnell gave a brief presentation and stated he would be available to answer any questions. Chairperson Schumacher acknowledged receipt of an errata sheet for Agenda Item 1. Chairperson Schumacher asked if there were any questions of Staff. Chairperson Schumacher asked what would happen if a developer were to propose a project which has 20 dwelling units per acre, which would be higher than the existing minimum but not as high as the proposed minimum number of dwelling units, and if additional work or studies would be required of the developer. He asked if situations such as that would actually dissuade people from proposing development in the Village. Commissioner Schumacher further asked if there is a way to work with developers or applicants that is not able to meet the new higher minimum. Mr. Donnell stated yes and that is already acknowledged in the Village Master Plan. There is a standard that permits modification of development standards, particularly in the cases where a developer is struggling to meet the minimum densities including these new proposed densities. In such situations. Staff can work with developers to try to achieve that new minimum; however it is acknowledged that in some situations particularly with very small lots, that even with a standards modifications it may not be possible to achieve the minimum density. In those cases, some of the proposed text amendments would allow densities below the minimum subject to the making of additional findings. Commissioner L'Heureux asked about the densities of two projects in downtown Encinitas. Mr. Donnell stated he did not have a number for density for those projects; however he gave density numbers for projects in Carlsbad. He stated that the Village by the Sea project, which is a mixed use project, has a density of just under 23 units per acre. Commissioner L'Heureux asked about density for the project on Laguna Drive across from Maxton Brown Park. Mr. Donnell stated he was not sure for that project but would suspect it is under 20 units per acre. Ms. Mobaldi stated that in regards to the question about density, the government code provides that if a project is approved and it is below the minimum density then there has to be a finding that the density that was not accommodated, because the project went below the minimum, can be accommodated somewhere else at other sites. In other words, the state's Housing and Community Development Department does not want a net loss of density. Commissioner Nygaard inquired if the additional density could be placed in the Excess Dwelling Unit Bank (EDU). Ms. Mobaldi stated the EDU is not applicable in the Village area; however those units would need to be accounted for and there would need to be other sites that could accommodate those units that were not used to accomplish the minimum density. Chairperson Schumacher asked if that would trigger additional work on the part of the property owner or if the property owner would then be responsible for finding a site or sites able to accommodate the units. Mr. Donnell stated that he believed state law has a provision that places the burden on the land owner. Typically though that is something the applicant and staff can work together to identify other sites. Commissioner Scully asked where the number of 28 came from. Mr. Donnell stated that in working with the Housing Element consultant and Staff with the Housing and Neighborhood Services Department, Staff needed to identify sites that the state would accept as being acceptable for lower income housing. Staff knew the Village area was an area of the city where density was acceptable rather than other parts of the city. The figure of 28 units per acre was used because it was a percentage of the existing maximum density. Mr. Donnell stated that that percentage was a formula or a means for the state to find J13 Planning Commission Minutes September 5,2012 Page 3 a new minimum density acceptable. He further commented that the figure of 25 units per acre may have been acceptable however there was a requirement to go higher than 25. Commissioner Scully asked what the reality is of the sites reaching the minimum density of 28 or larger. Mr. Donnell stated that it is tough to say because there has not been a lot of development of late in the Village. He stated that he does suspect that for a property owner to reach the minimum density there will need to be standards modifications made. Commissioner Scully asked if there have been any consolidation of properties now that there is something in the pipeline. Mr. Donnell stated that there have been preliminary reviews in the past, which are informal proposals, which were at very high densities. Mr. Donnell stated that merging of parcels in the Village is actually very rare because so many of the properties are owned by different owners and some ofthe properties have been held in a family for generations. Mr. Neu commented that the density increase would allow smaller sites to have two or three units where previously the density would only allow one unit. Commissioner Nygaard asked what the impact is if the Commission does not move forward with this. Mr. Neu stated that if the program was not implemented, the City would have to make up the units that were projected to come out of the program in another means, either through designating specific sites or developing another program that may affect other properties. Mr. Neu stated that Staff is starting work on the new housing element that will run from 2013-2020. This current element was extending beyond the 2010 horizon. Staff would prefer not to have to go back and redo an old element while starting on the new one. Commissioner L'Heureux asked if the new housing element would have further requests to increase densities in the Village area beyond what is currently proposed. Mr. Neu responded he did not believe so. He stated many of the sites, as seen in the Draft Preferred Land Use Plan for Envision Carlsbad, are being planned to meet the new housing requirement. Mr. Neu stated that he did not believe the City's current housing element compliance track involves going back to the Village and increasing the density. If anything, because the city anticipates a certain ability to create units out of the Village, the City can count those units for the new element. Commissioner L'Heureux said that the actions tonight would set the density level in the Village area through 2020. Mr. Neu stated yes. Chairperson Schumacher asked how density is calculated on sites such as Paon which is a mixed used project with a restaurant, office and residential units. Mr. Donnell stated that the density is calculated by simply taking the acreage of the site and dividing the number of units by that acreage. It would be treated as a fully residential site. Chairperson Schumacher asked if this action tonight would dissuade developers from proposing mixed use projects in the Village. Mr. Donnell stated he did not believe so because the emphasis in the Village is mixed use. In fact, when the Housing Element considered what the density yield would be from these higher densities, it was based on a mixed use arrangement. Mr. Donnell stated that in addition to that, when Council adopted changes to the Village standards in 2007, the Council entertained having a density going up to 45 units per acre. What was ultimately approved was 35 units per acre but as part of that change the Council also modified standards such as building height, setbacks, and lot coverage, to recognize that that higher density was coming and to help accommodate it. Commissioner Black asked about lot merging of many lots in the Village. Mr. Donnell stated he does not feel the vision or standards of the Village would allow for a "superblock" type of development. If such a project were to occur than the project would have to be designed to look more like individual projects in order to maintain that pedestrian scale and that smaller feel that is in the Village. Chairperson Schumacher asked if there were any further questions of Staff. Seeing none, he asked if there were any members ofthe audience who wished to speak on Agenda Item 1. Chairperson Schumacher opened public testimony. Lucinda Vigne, 3880 Hibiscus Circle and owner of a site on State Street, asked for clarification regarding the proposal. She stated the new minimum density proposed is too high. Chairperson Schumacher asked if there were any other members of the audience who wished to speak on Agenda Item 1. Seeing none, he closed public testimony. Ji4 CORRECTED Planning Commission Minutes September 5,2012 Page 4 Ms. Mobaldi clarified that the densities have already been approved by the City Council with the approval of the Housing Element 2005-2010. This was a part of Program 2.1. This is merely the implementation, changing the documents to reflect what has been approved in the General Plan. Chairperson Schumacher stated he is concerned that the City is creating a hurdle for property owners and/or developers for reaching the minimum densities and additional studies or reports, and costs being put on the land owner. He asked if there is a way that when an applicant proposes a project that will not be able to meet the minimum density that there will be a path on how to the applicant can work with the City on how to achieve that and how to rebalance those numbers. Mr. Neu stated that the Commission recently approved minimum densities throughout the city for the RH and RMH land use designations. Findings have successfully been made for several projects to be below the minimum required density. He further stated that he believes the City will still have the ability and the flexibility on sites, particularly the smaller parcels, to have a way where the land owner does not have to meet the minimum density should it be shown to be infeasible. Staff has not had to ask applicants for additional studies as most of the time Staff can review the site, the project design and the product, and review the other development standards in order to make a determination. Commissioner L'Heureux asked if the property owner will have to find another site in the Village to make up the difference in units if the minimum is not reached. Mr. Neu stated that the requirement has not been implemented in that strict of a manner. State law requires that you show that by reducing the density on a particular property that there are adequate sites elsewhere in the city to make up the difference. The City has relied heavily on the Excess Dwelling Unit Bank, in that any particular residential or non-residential site can request dwelling units and through the density increase process or redesignation to residential could conceivably be allocated units. One of the issues that the city is running up against with the update to the General Plan is that there are more people asking for units than the City has dwelling units with the Growth Management caps. Practically speaking there does not seem to be an insurmountable problem right now. It is more of an issue being able to accommodate housing when the demand is higher for attached product Mr. Neu further stated that to date the City has not asked a developer to go out and Identify a specific site. If the City gets closer to running out of available sites, then Staff might take a harder line at some point in the future. Commissioner L'Heureux asked if it is possible that as there are fewer units in the Excess Dwelling Unit Bank that projects are denied because enough units are not being proposed. Mr. Neu stated he supposed that could be possible however that the city is a ways from that in terms of available land left in the city. He stated that some level of review is necessary so that the City is not abandoning the idea that the minimum is the target and that there is flexibility to go below the minimum but Staff would want to make sure that there is rationale to make the finding to go below the minimum. Commissioner L'Heureux asked if that by adopting the language it does not require a certain product type, any price cap or any requirement that low income housing be constructed. Mr. Neu stated that the requirement for income restricted housing is as it is today in the Inclusionary Housing Ordinance. As the housing program has been administered, there are options for onsite or offsite housing, and there are quite a few options for specific sites. DISCUSSION Commissioner Nygaard stated that no one wants to see increased density anywhere but that is not the vision of the State. She stated that it is very important for the City to have a certified Housing Element. If the City does not have a certified housing element, the City would have a huge amount of problems. She feels that density does belong around transportation centers such as in the Village. The densities have already been approved by City Council, however it is important for the Council to hear the Commission's concerns regarding how difficult these densities will be to achieve. Commissioner Arnold stated that he knows the Commission is mainly being asked to give a stamp of approval onto something the City Council has already authorized, a zoning increase or a density increase, but in light of that, the Commission's vate is basically very symbolic. His symbolic vote is going to be no because he believes that there are too many problems that the City has to look at. The City wants to encourage mixed use and here the City is holding people who want to build a restaurant and maybe a boutique to the same standards as a purely residential building. Also, down the road it could cause the City to question a development because the City is not hitting these very high minimum units that are being set with this action. Planning Commission Minutes September 5,2012 Page 5 What the Commission is doing, in essence, by approving this is making it more difficult for private developers to do something that makes sense to them with their property. He understands that the state is breathing down the city's back and the City does have a lot of requirements that have to be met there but he believes this is the wrong thing to do so he is not going to support this proposal. Commissioner L'Heureux stated that this is a situation where reality is bumping up against concepts. It bothers him that the City has arbitrarily taken the areas in the Village and applied the density numbers, particularly in Area 9. He stated he is concerned about the unintended consequences, and he understands the dilemma the City is in regarding the housing element. Commissioner L'Heureux will vote to approve the changes but encouraged staff to look at Area 9 where it surrounds the transit station. Commissioner Scully stated she has voiced her opinion on the Housing Element many times on many different occasions. She concurs with her fellow Commissioners in that the project will create issues further down the road. Commissioner Scully stated she will not approve this item particularly for Areas 1- 4. It is not what is right for Carlsbad. Commissioner Black stated that the density increase has been thrown at the City. If the units do not go in the Village, then the units would need to go elsewhere in the City. He feels that the increased density in the Village is appropriate and he can support the project Chairperson Schumacher stated that the numbers have already been established, however through the implementation of the policy it could backfire and discourage development. He would like to have language added that is more assertive in acknowledging that densities may need to be transferred. Applicants need to be aware that the City will work with them to help achieve the densities. Commissioner Nygaard agreed that language should be added to the resolution. Ms. Mobaldi suggested proposed language stating that projects proposed at less than minimum density may be considered if findings can be made in accordance with the Government Code. That acknowledges that a project can be proposed that is below the minimum density, and it also acknowledges the state law which mandates that certain findings be made to approve a lower density. Commissioner Scully stated she would support the additional language as long as it was very clear that applicants had options. Commissioner L'Heureux asked if the city attorney had the particular Government Code section. Ms. Mobaldi stated she could provide the correct code section later. The code section she is referring to provides that if a project is approved below the minimum density, then the Council or the decision making body, has to make a finding that those units which were not built can be built somewhere else in the City so there no net loss of density. Commissioner L'Heureux stated he wanted to make sure that was citywide and not specifically in the Village. Ms. Mobaldi stated it would not be limited to the Village. Mr. Neu added that the issue which makes it difficult in terms of getting the city's Housing Element certified is that if there is too much flexibility, then the state looks at it as if it is not really a standard the city is trying to meet. There is a minimum density that the state considers as providing housing that is at more affordable levels. Mr. Neu stated that the City has built in a fair amount of flexibility but it still has to be meaningful enough that the State will look at it and believe that there will be enough units produced around that density level to achieve the target Ms. Mobaldi stated that an excerpt from the City of Carlsbad Village Master Plan and Design Manual already includes those findings found in Government Code 65863, which provides that the City has to find that the reduction in density is consistent with the adopted General Plan including the Housing Element and secondly that 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. Ms. Mobaldi stated the City would have to show sites in the city where the required density can be accommodated. Chairperson Schumacher asked if there are properties available to accommodate units if a project was proposed and it is, for example, ten units below the minimum density. Ms. Mobaldi stated that at this stage in time, there is enough land left in the city that is vacant or is underutilized to accommodate additional units; however it is a constantly evolving state of affairs and at some point in time, it may change. Chairperson Schumacher asked if the additional language could be crafted to encourage mixed use as opposed to specifically trying to meet the Regional Housing Needs Assessment numbers. Ms. Planning Commission Minutes September 5,2012 Page 6 Mobaldi stated that in terms of mixed use, the Village Master Plan and Design Manual already has language encouraging mixed use development along with other development guidelines. The Commission has not seen many of those projects because the Design Review Board used to review projects in the Village until fairly recently. In terms of the density numbers the City has to have language that satisfies the city's commitments with regard to Housing Element Program 2.1. Commissioner Scully asked if the additional language is not being proposed now. Chairperson Schumacher stated the language is already included in the Village Master Plan and Design Manual. Mr. Donnell pointed out that the language is also included in the staff report as Exhibit A. Chairperson Schumacher asked Mr. Donnell if there would be an ability to accommodate the units in the Village from projects that could meet the minimum density. Mr. Donnell stated because projects in the Village tend to be smaller, he believes the potential is greater to accommodate units in the Village for projects that might not meet the minimum density because of redevelopment opportunities. In the Housing Element there are a number of parcels which show underutilization and the potential to redevelop. Commissioner Black commented that everything gets shifted and asked what happens to all of the reserve units at the end. Mr. Neu stated that in the end there should not be just one project responsible for a large number of units. Every housing element the city goes through the Regional Housing Needs Allocation (RHNA), each jurisdiction in the county is given a number of units based on what SANDAG deems an available amount of land amongst other things. SANDAG has other objectives with the RHNA in that each jurisdiction is providing its fair share of lower income housing. There are jurisdictions in the county that have more than the county average of lower income housing which is 40%. Carlsbad is one of four jurisdictions that has less than the average amount. Mr. Neu further stated that either as a region the county can accept a lower number or the region will keep getting numbers that are larger and the jurisdictions will be asked to increase the densities in the built areas of the community. As a region, generally speaking, there is an effort to put more development in the coastal areas or the more developed parts of the county as opposed to the eastern parts of the county. Mr. Neu stated that what staff foresees in a future housing element cycle is that the city may reach a point where it is right up against the growth management dwelling unit cap. Chairperson Schumacher hopes staff continues to help applicants with their projects in the Village area. He stated he can support the project MOTION ACTION: Motion by Commissioner Black, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6905 recommending that MP 12- 01/LCPA 95-10(C) is within the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and recommending approval of MP 12-01/LCPA 95-10(C) based on the findings contained therein. VOTE: 5-1-1 AYES: Chairperson Schumacher, Commissioner Black, Commissioner L'Heureux, Commissioner Nygaard and Commissioner Scully NOES: Commissioner Arnold ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 1 and thanked Staff for their presentations. COMMISSION COMMENTS None. <A1 City of Carlsbad Village Area Land Use Districts EXHIBIT 6 Scott Donnell From: Bridget Desmarals on behalf of Planning Sent: Tuesday, September 11, 2012 3:06 PM To: Scott Donnell Subject: FW: zoning From: paul ine wrotkowski rmailto:pwrotkowski@yahoo.coml Sent: Tuesday, September 11, 2012 2:43 PM To: Planning Subject: zoning To Planning Commision, I live in downtown Carlsbad for 23 years and I love it. I agree that State st. need improvment and development. Those auto repear, tune up and the other stores don'.t belong to the beach area but low income hausing? those will bring crime and drug activities to this area. Better build some senior citizen hausing and nice condominiums. Also increasing density so high is bad idea. Planning people and developers don't live in 3 story low income hausing. Maybe they will try how it is. How about parking? Its very bad already. I know they will built under ground parking. Also low income people won't bring busines to dowtown area, they cannot affort it. They shop in Walmart if they can affort anyway. I want the city of Carlsbad to do something with the ghost hause on the comer of Jefferson and Arbucle Circle. This hause is a fire hazard and a shame to Carlsbad. Weeds are overgrown, is dirty and ugly. Please take my remarks under your consideration and dont build low income hausing in downown. Police have already full hands to fight crime. Thank you. Paulina Wrotkowski 0^ NQTICE 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 Counci^ham 120O Carlsbad Village Drive, Carisbad, California, at 6:00 p.m. on Tuesday, to consider approval of (1) an amendment to the Village Master Plan and Design Manual and Local Coastal Program to implement part of Program 2.1 of the 2005-2010 Housing Element, and (2) that the amendment is within the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element. The amendment would raise the minimum density of each Village Master Plan and Design Manual land use district. Whereas on September 5, 2012 the City of Carisbad Planning Commission voted 5-1-1 to recommend (1) approval of an amendment to the Village Master Plan and Design Manual and Local Coastal Program to implement part of Program 2.1 of the 2005-2010 Housing Element, and (2) that the amendment is within the scope of the Mitigated Negative Declaration previously adopted forthe 2005-2010 Housing Element. Those persons wishing to speak on this proposal are cordiallyinvite^o attend the public hearing. Copies of the agenda bill will be available on and after WKKttm-1 no^«\V"^ questions, please contact Scott Donnell in the Planning Division at (760) 602-4618 or scott.donneipcarisbadca.qov. If you challenge the Master Plan 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 Carisbad, Attn: City Clerk's Office, 1200 Carisbad Village Drive, Carisbad, CA 92008, at or prior to the public hearing. CASE FILE: MP 12-01/LCPA 95-10(C) CASE NAME: VILLAGE MINIMUM DENSITIES PUBLISH: CITY OF CARLSBAD CITY COUNCIL Easy Peel® li^eli Use Avery® Template 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 • Feed Paper Bend along line to expose Pop-Up Edge^ SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 MVCI'fY^ 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 200 CIVIC CENTER DR 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 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 REGIONAL WATER QUALITY STE 100" 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 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 LUCINDA AND THOMAS VIGNE 3880 HIBISCUS CIRCLE 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 qabarit AVERY® 5160® Sens fharaement Repliez k la hachure afin de j rtv6ler le rebord Pop-UpT«« J www.avery.com 1-800-GO-AVHRY Easy Peel® S^bels Use Avery® Template 5160® Bend along line to { expose Pop-Up Edge^** AVERY® 5160® BARONA GROU P OF THE CAPITAN GRANDE EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE CA 92040 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 CA DEPT OF TRANSPORTATION DISTRICT 11 - DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CANNEL ISLANDS NATL PARK SUPERINTENDENTS OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG POBOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF FISH & GAME ENV SERV DIV POBOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220 N ST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD POBOX 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 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 UMPSON AVE LOSAUMITOSCA 907205139 FED AVIATION ADMIN WESTERN REG POBOX 92007 LOS ANGELES CA OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS POBOX 3044 SACRAMENTO CA 958123044 FEDERAL ENERGY REGULATORY COMMISSION 1001ST ST., STE 2300 SAN FRANCISCO CA 941053084 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401 EST 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 ST FL17 SAN FRANCISCO CA 94103 US BUREAU OF U\ND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECULA CA 92590 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 Itiquettes faciles h peler UtIlisez te qabarit AVERY® 51 • Sens de charaement Repliez h la hachure afin de { r^v^ler le rebord Pop-U ,?'** ! www.avery.com 1-800-GO-AVERY Easy P«er4.abel5 I k —• Bend along line to j j-iir e.r,rir^ «5t«o» • Use Avery® Template 5160® j Feed Paper - expose Pop-Up Edge™ j \^ cif Sl^Qw j WATER RESOURCES CONTROL BOARD POBOX 100 SACRAMENTO CA 95801 itiquettes fadles ^ peler | 5-^. Ha Repliez 4 la hachure afin de | ww^avery^jsm ; Utilisez le qabarit AVERY® 5160® ! °r_x r6v6ier ie r»hovd POO-UHTM I 1 jMin-<;n-AVFnv • Village Minimum Densities Scott Donnell November 27, 2012 Proposed Amendment •Implements adopted Housing Element •Affects Village Master Plan & Design Manual •Complies with prior environmental review Proposed Amendment •Raises minimum residential densities •Affects all land use districts •Encourages lot consolidation PACIFIC OCEAN PINE ELEMENTARY SCHOOL BUENA VISTA LAGOON ResidentialSupport CarlsbadVillage Center FreewayCommercialSupport Hispanic Mixed UseSupport OfficeSupport ServiceCommercial Support Tourism Support 1 9 84 7 3 2 6 5 CARL S B A D VI L L A G E D R CARLSBAD BLBEEC H A V OAK A V LAGUNA DR MAGNOLIA AV H O P E A V CHES T N U T A V C H E S T N U T A V HAR D ING S T DAVIS PL PI O PI CO DRBASSWOOD AV CHRIS TI A N S E N W Y WALN U T A V PALM A V S T A T E S T OAK A V WALN U T A VWA SH I N G TO N S TOC E A N S T HOME A V C A M E L L IA P L AVOCA D O L NELMWOOD STPACIFI C A V WAS H I NG TO N S T LINCO L N S T ROOS E V E L T S T MA D I S O N S T T Y L E R S T G A R F IE LD S T STRATFORD LN LAGUNA DR MA D I SON S T PINE A V EUREKA PLOAK A V J E F F ER S O N S T OCEAN S T Village Area Land Use Districts 600 0 Feet J:\Requests2010Plus\ComEconDev\Planning\4850972_12 C i t y o f C a r l s b a d Proposed Minimum Densities Village Land Use Districts Minimum Density (units/acre) Maximum Density (units/acre) Existing Proposed Existing Proposed 1-4 15 28 35 No change 5-9 15 18 23 No change *For Mixed Use projects, density based on 50% of lot area Proposed Lot Merger Statement •Encourages consolidation of small parcels •Indicates city assistance in identifying potential sites Consistency with Standards •General Plan •Village Master Plan and Design Manual •Local Coastal Program City Council adopt Resolution No. 2012-261, approving amendments to the Village Master Plan and Design Manual (MP 12-01) and the Local Coastal Program (LCPA 95-10(C) Recommendation