HomeMy WebLinkAbout2015-07-14; City Council; 22037; Amendment City's Density Bonus Regulations to State LawCITY OF CARLSBAD-AGENDA BILL
AB# 22,037 AMENDMENT TO THE CITY'S DENSITY BONUS DEPT. DIRECTOR 6 ~I
MTG. 7/14/2015 REGULATIONS TO BE CONSISTENT WITH STATE LAW CITY ATIORNEY ).1.-1-(
DEPT. CEO CITY MANAGER 1/H\ .. ,
RECOMMENDED ACTION:
Introduce Ordinance No. CS-280 approving a Zone Code Amendment (ZCA 14-02) and adopt Resolution
No. 2015-193 approving a Local Coastal Program Amendment (LCPA 14-04) to amend Title 21 of the Carlsbad
Municipal Code to make the city's regulation of density bonuses consistent with state law.
ITEM EXPLANATION:
This project is city-initiated and consists of an amendment to the text of the Zoning Ordinance, Title 21 of the
city's Municipal Code and implementing ordinance of the city's Local Coastal Program. The purpose of the
project is to make the city's regulation of density bonuses consistent with California Assembly Bill 2222
(Nazarian) signed into law by the governor in 2014.
Since the city last updated its density bonus ordinance (2014), the state legislature made procedural changes to
density bonus law with regard to replacement of demolished dwelling units when requesting a new density
bonus and the time of density bonus agreements. The approval of this item would make the city's regulation of
density bonuses consistent with the new procedural changes in state law.
The proposed amendments are consistent with applicable portions of the General Plan and maintain internal
consistency with the Local Coastal Program (LCP). With regard to the LCP, the Zoning Ordinance is the
implementing ordinance; therefore an LCPA is necessary. However, no portion of the LCP land use plan
document is proposed to be amended.
On May 6, 2015, the Planning Commission held a public hearing to consider the proposed amendments to the
Zoning Ordinance and Local Coastal Program. The Planning Commission voted 7-0 to recommend approval of
the item on consent. The Planning Commission minutes are attached.
Amendments to Title 21 will become effective when the California Coastal Commission approves the Local
Coastal Program Amendment. Staff will submit an application for a Local Coastal Program Amendment to the
California Coastal Commission following City Council approval of the Zone Code Amendment.
FISCAL IMPACT:
The only anticipated fiscal impact would be from staff time required to complete the Local Coastal Program
Amendment process with the California Coastal Commission.
DEPARTMENT CONTACT: Carl Stiehl 760-602-4605 carl.stiehl@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC 0
DENIED 0 CONTINUED TO DATE UNKNOWN 0
CONTINUED 0 RETURNED TO STAFF 0
WITHDRAWN 0 OTHER-SEE MINUTES 0
AMENDED 0
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Density Bonus Amendment
July 14, 2015
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ENVIRONMENTAL IMPACT:
The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(B), which
exempts projects "where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment." The changes proposed by this project are procedural in
nature, are not substantial and will not significantly affect the existing development standards in the Zoning
Ordinance; therefore, the project will not result in a significant effect on the environment. A Notice of Exemption
will be filed.
EXHIBITS:
1. City Council Ordinance No. CS-280 (ZCA 14-02/LCPA 14-04)
2. City Council Resolution No. 2015-193 (LCPA 14-04)
3. Proposed Text Changes to the Zoning Ordinance (Title 21) shown in strikeout/underline format
4. Planning Commission Resolution No. 7097
5. Planning Commission Staff Report dated May 6, 2015
6. Draft Planning Commission minutes dated May 6, 2015
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EXHIBIT 1
ORDINANCE NO. CS-280
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL
CODE TO MAKE THE CITY'S REGULATION OF DENSITY BONUSES
CONSISTENT WITH STATE LAW.
CASE NAME: DENSITY BONUS AMENDMENT
CASE NO.: ZCA 14-02/LCPA 14-04
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Section 21.86.040.K of the Carlsbad Municipal Code is
added to read as follows:
K. An applicant shall be ineligible for a density bonus or any other incentives
or concessions under this chapter if the housing development is proposed on any property
that includes a parcel or parcels qn which rental dwelling units are or, if rental dwelling
units have been vacated or demolished in the five-year period preceding the application,
have been subject to a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons and families of lower-or very low-income; subject to any other form
of rent or price control through the city's valid exercise of its police power; or occupied by
lower-or very low-income households, unless the proposed housing development replaces
those units, and either of the following applies:
1. The proposed housing development, inclusive of the units replaced
pursuant to this subsection, contains affordable units at the percentages set forth in
Section 21.86.040 of this chapter .
2. Each unit in the development, exclusive of a manager's unit or units,
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3. For the purposes of this subsection, "replaces" shall mean either of
the following:
i. If any rental dwelling unit(s) is occupied on the date of
application, the proposed housing development shall provide at least the same number of
units of equivalent size or type, or both, to be made available at affordable rent or
affordable housing cost to, and occupied by, persons and families in the same or lower
income category as those households in occupancy. For unoccupied dwelling units in a
development with occupied units, the proposed housing development shall provide units
of equivalent size or type, or both, to be made available at affordable rent or affordable
housing cost to, and occupied by, persons and families in the same or lower income
category in the same proportion of affordability as the occupied units. The replacement
units shall be subject to the affordability tenure requirements specified in Section
21.86.100.
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ii. If all rental dwelling units have been vacated or demolished
within the five-year period preceding the application, the proposed housing development
shall provide at least the same number of units of equivalent size or type, or both, as existed
at the highpoint of those units (in the five-year period preceding the application). The
replacement units shall be provided at an affordable rent or affordable housing cost to, and
occupied by, persons and families in the same or lower income category as those persons
and families in occupancy at the highpoint, if known. If the incomes of the persons and
families in occupancy at the highpoint is not known, then one-half of the required units
shall be made available at affordable rent or affordable housing cost to, and occupied by,
very low-income persons and families and one-half of the required units shall be made
available for rent at affordable housing costs to, and occupied by, low-income persons and
families. The replacement units shall be subject to the affordability tenure requirements
specified in Section 21.86.100.
SECTION 2: That Section 21.86.050.A of the Carlsbad Municipal Code is
amended to read as follows:
A. When an applicant requests a density bonus pursuant to Section
21.86.040(A) of this chapter, the decision-making body shall grant incentives or
concessions, subject to the following:
1. An applicant shall submit a proposal for any specific incentives or
concessions requested pursuant to this section.
2. The · decision-making body shall grant the incentive(s) or
concession(s) requested by the applicant unless, based upon substantial evidence, any of
the following findings are made in writing:
a. The incentive or concession is not required in order to
provide for affordable housing as defined in Section 21.86.020(A)(1) of this chapter.
b. The incentive or concession would have a specific adverse
impact upon public health and safety or the physical environment, or on any real property
that is listed in the California Register of Historical Resources, and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low-and moderate-income households. As
used in this paragraph, and as defined in paragraph (2) of subdivision (d) of Section 65589.5
of the California Government Code, a "specific, adverse impact" means a significant,
quantifiable, direct and unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed on the date the
application was deemed complete.
c. The incentive or concession would be contrary to state or
federal law.
3. The applicant shall receive the following number of incentives or
concessions:
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2 a. One incentive or concession for projects that include at least
ten percent of the total units for lower-income households, at least five percent for very
3 low-income households, or at least ten percent for persons and families of moderate
income in a common interest development.
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b. · Two incentives or concessions for projects that include at
least twenty percent of the total units for lower-income households, at least ten percent
for very low-income households, or at least twenty percent for persons and families of
moderate income in a common interest development.
c. Three incentives or concessions for projects that include at
least thirty percent ofthe total units for lower-income households, at least fifteen percent
for very low-income households, or at least thirty percent for persons and families of
moderate income in a common interest development.
4. An incentive or concession may include any of the following:
a. A reduction in site development standards or a modification
of zoning code or architectural design requirements (excluding State Building Standards),
that .results in identifiable, financially sufficient and actual cost reductions. A
reduction/modification to standards or requirements may include, but is not limited to, a
reduction in minimum lot size, setback requirements, and/or in the ratio of vehicular
parking spaces that would otherwise be required.
b. Approval of mixed use zoning in conjunction with the housing
15 development if: i) commercial, office, industrial or other land uses will reduce the cost of
the housing development; and ii) the commercial, office, industrial, or other land uses are
16 compatible with the housing development and the existing or planned future development
in the area where the proposed project will be located.
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c. Other regulatory incentives or concessions that result in ·
identifiable, financially sufficient and actual cost reductions.
d. The city council may, but is not required to, provide direct
financial incentives, including the provision of publicly owned land, or the waiver of fees or
dedication requirements.
5. The applicant shall show that the requested incentive(s) or
concession(s) will result in identifiable, financially sufficient, and actual cost reductions.
SECTION 3: That Section 21.86.070.1 of the Carlsbad Municipal Code is
added to read as follows:
I. An applicant shall be ineligible for a density bonuspr any other incentives
or concessions under this chapter if the condominium project is proposed on any property
that includes a parcel or parcels on which rental dwelling units are or, if rental dwelling
units have been vacated or demolished in the five-year period preceding the application,
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have been subject to a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons and families of lower or very low income; subject to any other form
of rent or price control through the city's valid exercise of its police power; or occupied by
lower-or very low-income households, unless the proposed condominium project replaces
those units, as defined in Section 21.86.040.K.3 of this chapter, and either of the following
applies:
1. The proposed condominium project, inclusive of the units replaced
pursuant to Section 21.86.040.K.3 of this chapter, contains affordable units at the
percentages set forth in Section 21.86.070.A.
2. Each unit in the development, exclusive of a manager's unit or units,
is affordable to, and occupied by, either a lower or very low income household.
SECTION 4: That Section 21.86.100 ofthe Carlsbad Municipal Code
is amended to read as follows:
21.86.100 Affordability tenure.
A. All low-and very low-income rental dwelling units that qualified the housing
project for a density bonus shall remain restricted and affordable to the designated group
for a period of at least fifty-five years, or a longer period of time if required by the
construction or mortgage financing assistance program, mortgage insurance program, or
rental subsidy program. Rents for the target dwelling unit(s) shall be set at. an affordable
rent as defined in Section 50053 of the Health and Safety Code.
B. All very low-, low-and moderate-income for-sale dwelling units that
qualified the housing project for a density bonus shall be subject to the following:
1. The initial occupant(s) of the target dwelling unit(s) shall be persons
and families of very low, low or moderate income, as required, and the units shall be
offered at an affordable housing cost as defined in Section 50052.5 of the Health and Safety
Code.
2. Unless in conflict with the requirements of another public funding
source or law, the target dwelling unit(s) shall be subject to an equity sharing agreement
that specifies:
a. Upon resale, the seller of the unit shall retain the value of any
improvements, the down payment, and the seller's proportionate share of appreciation.
b. Upon resale, the city shall recapture any initial subsidy and
24 its proportionate share of appreciation, which shall then be used within five years for any
of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety
25 Code that promote homeownership.
26 i. For the purposes of this subsection, the city's initial
subsidy shall be equal to the fair market value of the home at the time of initial sale minus
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2 the initial sale price to the moderate-income household, plus the amount of any
down payment assistance or mortgage assistance. If upon resale the market value is lower
3 than the initial market value, then the value at the time of the resale shall be used as the
initial market value.
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ii. For the purposes of this subsection, the city's
5 proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy
to the fair market value of the home at the time of initial sale.
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3. If the city provides a direct financial contribution to the housing
development through participation in cost of infrastructure, write-down of land costs, or
subsidizing the cost of construction, the target dwelling unit(s) shall remain affordable to
the designated income group for at least thirty years.
C. For rental projects, the city or its designee shall have a one-time first right
of refusal to purchase any project containing affordable units offered for sale at the end of
the minimum tenure of affordability. The first right of refusal to purchase the rental project
shall be submitted in writing to the housing and neighborhood services director. Within
ninety days of its receipt, the city shall indicate its intent to exercise the first right of refusal
for the purpose of providing affordable housing.
SECTION 5: That Section 21.86.110.A of the Carlsbad Municipal Code is
amended to read as follows:
A. The granting of a density bonus, incentive or concession, pursuant to this
chapter, shall not be interpreted, in and of itself, to require a general plan amendment,
zone code amendment, local coastal plan amendment, zone change, other discretionary
approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to
development standards.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text
of the ordinance or a summary of the ordinance prepared by the City Attorney to be published
at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until
approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
26 Council on the 14th; 'day of __:;;.J...::;u:..:...ly,__ __ _,;, 2015, and thereafter.
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2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
3 Carlsbad on the __ day of ____ _, 2015, by the following vote, to wit:
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AVES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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RESOLUTION NO. 2015-193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM
AMENDMENT TO MAKE THE CITY'S REGULATION OF DENSITY
BONUSES CONSISTENT WITH STATE LAW.
CASE NAME:
CASE NO.:
DENSITY BONUS AMENDMENT
LCPA 14-04
EXHIBIT 2
The City Council ofthe City of Carlsbad, California, does hereby resolve as follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did on May 6, 2015, hold a duly noticed public hearing as prescribed by law to
consider the Zone Code Amendment (ZCA 14-02), and Local Coastal Program Amendment (LCPA
14-04), both of which are referenced in Planning Commission Resolution No. 7097; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution
No. 7097 recommending to the City Council that ZCA 14-02 and LCPA 14-04 be approved; and
WHEREAS, the City Council ofthe City of Carlsbad on the 14thday of~ 2015
held a duly noticed public hearing to consider the Zone Code Amendment and Local Coastal
Program Amendment; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the City Council considered all factors
related to the Local Coastal Program Amendment.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad, as follows:
1. That the foregoing recitations are true and correct.
2. That the· findings of the Planning Commission in Resolution No. 7097
constitute the findings of the City Council in this matter.
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3. That the amendment to the Local Coastal Program (LCPA 14-04), is approved
as shown in Planning Commission Resolution No. 7097, on file with the City Clerk and
incorporated herein by reference.
4. That the approval of LCPA 14-04 shall not become effective until it is approved
by the California Coastal Commission.
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision becomes final a request
for the record is filed with a deposit in an amount sufficient to cover the estimated cost or
preparation of such record, the time within which such petition may be filed in court is extended
to not later than the thirtieth day following the date on which the record is either personally
delivered or mailed to the party, or his attorney of record, if he has one. A written request for
the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad,
1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
2 of Carlsbad on the 14th day of July, 2015, by the following vote to wit:
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AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
ATIEST:
21 .86.040
DENSITY BONUS AMENDMENT
ZCA 14-02/LCPA 14-04
Attachment 2
PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21)
SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT
AMENDMENTS TO CHAPTER 21.86
RESIDENTIAL DENSITY BONUS AND INCENTIVES OR CONCESSIONS
Section 21.86.040 I
Density bonus for housing developments.
A The decision-making body shall grant one density bonus, as specified in
subsection 8 of this section, and incentives or concessions, as set forth in Section 21 .86.050 of
this chapter, when an applicant of a housing development of at least five units seeks and agrees
to construct at least any one of the following:
1. A minimum of ten percent of the total units of the housing development as
restricted and affordable to lower-income households;
2. A minimum of five percent of the total units of the housing development as
restricted and affordable to very low-income households;
3. A senior citizen housing development as defined in Section
21 .84.030(A)(7) of this title and Section 51 .3 of the California Civil Code, or mobile home park
that limits residency based on age requirements for housing for older persons pursuant to Section
798.76 or 799.5 of the California Civil Code; or
4. A minimum of ten percent of the total units in a common interest
development restricted and affordable to moderate-income households, provided that all units in
the development are offered to the public for purchase.
B. When an applicant seeks and agrees to construct a housing development meeting
the criteria specified in subsection A of this section, the decision-making body shall grant a density
bonus subject to the following:
1. The amount of density bonus to which a housing development is entitled
shall vary according to the amount by which the percentage of affordable housing units exceeds
the percentages established in subsection A of this section, as follows:
a. For housing developments meeting the criteria of subsection (A)(1)
of this section, the density bonus shall be calculated as follows:
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DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
Table A
Density Bonus for Housing Developments with Units Affordable to Low-Income
Households
Percentage of Percentage of
Low-Income Units Density Bonus to be
(Minimum 1 0% Granted (Additional
required) 1.5% density bonus
for each 1%
increase above the
1 0% minimum)
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
b. For housing developments meeting the criteria of subsection (A)(2)
of this section, the density bonus shall be calculated as follows:
Table B
Density Bonus for Housing Developments with Units Affordable to Very Low-Income
Households
Percentage of Percentage of
Very Low-Income Density
Units Bonus to be Granted
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
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DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
c. For housing developments meeting the criteria of subsection (A)(3)
of this section, the density bonus shall be twenty percent of the number of senior housing units.
d. For housing developments meeting the criteria of subsection (A)(4)
of this section, the density bonus shall be calculated as follows:
Table C
Density Bonus for Common Interest Developments with Units Affordable to Moderate-
Income
Households
Percentage of Percentage of
Moderate-Income Density Bonus
Units to be Granted
10 5
11 6
12 7
13 8
14 9
15 10
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17 12
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19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
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33 28
34 29
35 30
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0
DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
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37 32
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2. The amount of density bonus to which a housing development is ·entitled
shall not exceed thirty-five percent.
3. The applicant may elect to accept a lesser percentage of density bonus
than specified in subsection B of this section.
4. If a housing development includes a combination of target dwelling unit
types that meet two or more of the criteria specified in subsection A of this section, the applicant
shall elect one applicable density bonus.
C. When an applicant for a tentative subdivision map, parcel map, or other housing
development approval donates land to the city, in accordance with this subsection, the applicant
shall be entitled to a density bonus for the entire development, as follows:
TableD
Density Bonus for Land Donation
Percentage of Percentage of
Very Low-Income Density
Units Bonus to be
Granted
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
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five percent.
DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
25 30
26 31
27 32
28 33
29 34
30 35
1. A density bonus granted pursuant to this subsection shall not exceed thirty-
2. If an applicant seeks both the density bonus pursuant to this subsection
and subsection A of this section, both density bonuses shall be granted up to a maximum
combined density bonus of thirty-five percent.
3. An applicant shall be eligible for the density bonus described in this
subsection only if all of the following conditions are met:
a. The land is donated and transferred to the city no later than the date
of approval of the final subdivision map, parcel map or housing development application.
b. The developable acreage, zoning classification and general plan
land use designation of the land being donated are sufficient to permit construction of the units
affordable to very low-income households in an amount not less than ten percent of the number
of residential units of the proposed development.
c. The transferred land is at least one acre in size or of sufficient size
to permit development of at least forty units, and has the appropriate: 1) general plan land use
designation; 2) zoning classification with appropriate development standards for development at
the density described in paragraph (3) of subdivision (c) of Section 65583.2 of the California
Government Code, and 3) is or will be served by adequate public facilities and infrastructure.
d. The transferred land shall have all of the permits and approvals,
other than building. permits, necessary for the development of the very low-income housing units
on the transferred land, not later than the date of approval of the final subdivision map, parcel
map, or housing development, except that the city may subject the proposed development to
subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of the
California Government Code if the design is not reviewed by the city prior to the time of transfer.
e. The transferred land and the affordable units shall be subject to a
deed restriction ensuring continued affordability of the units consistent with Section 21.86.100 of
this chapter, which shall be recorded on the property at the time of the transfer.
f. The land is transferred to the city or to a housing developer
approved by the city. The city may require the applicant to identify and transfer the land to the
developer.
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. DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
g. The transferred land shall be within the boundary of the proposed
development or, if the city agrees, within one-quarter mile of the boundary of the proposed
development.
h. Prior to the approval of the final subdivision map, parcel map or
housing development application, the developer shall identify a proposed source of funding for
the very low income units.
D. In cases where an applicant requests a density bonus of more than what is
specified in this section, the city council may grant the requested additional density bonus, subject
to the following:
1. The project meets the requirements of this chapter.
2. The additional density bonus shall be considered an incentive, in
accordance with Section 21.86.050 of this chapter.
3. The city council may require some portion of the additional density bonus
units to be designated as target dwelling units.
E. The city council may grant a proportionately lower density bonus than what is
specified by this section for developments that do not meet the requirements of this chapter.
F. The density bonus dwelling units granted pursuant to this chapter shall not be
included when determining the number of housing units required by this chapter to be reserved
for income-restricted households.
G. When calculating the density bonus, or the required number of target dwelling
units, any calculations resulting in fractional units shall be rounded up to the next whole unit.
H. For the purposes of calculating a density bonus, the residential units shall be on
contiguous sites that are the subject of one development application in a housing development,
but do not have to be based upon individual subdivision maps or parcels.
I. The density bonus units shall be permitted in geographic areas of the housing
development other than the areas where the units for lower-income households are located.
J. A density bonus housing agreement shall be made a condition of the discretionary
permits (i.e., tentative maps, parcel maps, planned unit developments, condominium permits, site
development plans and redevelopment permits) for all housing developments that request a
density bonus and incentives or concessions. The relevant terms and conditions of the density
bonus housing agreement shall be filed and recorded as a deed restriction on those individual
lots or units of a project development which are designated for the location of target dwelling units.
The density bonus housing agreement shall be consistent with Section 21.86.130 of this chapter.
,tL An applicant shall be ineligible for a density bonus or any other incentives or
concessions under this chapter if the housing development is proposed on any property that
includes a parcel or parcels on which rental dwelling units are or. if rental dwelling units have been
vacated or demolished in the five-year period preceding the application. have been subject to a
recorded covenant. ordinance. or law that restricts rents to levels affordable to persons and
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DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
families of lower-or very low-income; subject to any other form of rent or price control through the
citv's valid exercise of its police power: or occupied by lower-or very low-income households.
unless the proposed housing development replaces those units. and either of the following -
applies:
1 . The proposed housing development. · inclusive of the units replaced
pursuant to this subsection. contains affordable units at the percentages set forth in Section
21.86.040 of this chapter.
2. Each unit in the development. exclusive of a manager's unit or units. is
affordable to and occupied by either a lower-or very low-income household.
3. For the purposes of this subsection. "replaces" shall mean either of the
following:
i. If any rental dwelling unit(s) is occupied on the date of application.
the proposed housing development shall provide at least the same number of units of equivalent
size or tvpe. or both. to be made available at affordable rent or affordable housing cost to. and
occupied by. persons and families in the same or lower income category as those households in
occupancy. For unoccupied dwelling units in a development with occupied units. the proposed
housing development shall provide units of equivalent size or tvpe. or both. to be made available
at affordable rent or affordable housing cost to. and occupied by. persons and families in the same
or lower income category in the same proportion of affordabilitv as the occupied units. The
replacement units shall be subject to the affordabilitv tenure requirements specified in Section
21.86.1 00.
ii. If all rental dwelling units have been vacated or demolished within
the five-year period preceding the application. the proposed housing development shall provide
at least the same number of units of equivalent size or tvpe. or both. as existed at the highpoint
of those units (in the five-year period preceding the application). The replacement units shall be
provided at an affordable rent or affordable housing cost to. and occupied by. persons and families
in the same or lower income category as those persons and families in occupancy at the highpoint.
if known. If the incomes of the persons and families in occupancy at the highpoint is not known.
then one-half of the required units shall be made available at affordable rent or affordable housing
cost to. and occupied by, very low-income persons and families and one-half of the required units
shall be made available for rent at affordable housing costs to. and occupied by. low-income
persons and families. The replacement units shall be subject to the affordabilitv tenure
requirements specified in Section 21.86.1 00.
Section 21.86.060 I
21.86.050 Incentives and concessions for housing developments.
A. When an applicant requests a density bonus pursuant to Section 21.86.040(A) of
this chapter, the decision-making body shall grant incentives or concessions, subject to the
following:
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PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
1. An applicant shall submit a proposal for any specific incentives or
concessions requested pursuant to this section.
2. The decision-making body shall grant the incentive(s) or concession(s)
requested by the applicant unless, based upon substantial evidence, any of the following findings
are made in writing:
a. The incentive or concession is not required in order to provide for
affordable housing as defined in Section 21.86.020(A)(1) of this chapter.
b. The incentive or concession would have a specific adverse impact
upon public health and safety or the physical environment, or on any real property that is listed in
the California Register of Historical Resources, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without rendering the development
unaffordable to low-and moderate-income households. As used in this paragraph, and as defined
in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, a
"specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based
on objective, identified written public health or safety standards, policies, or conditions as they
. existed on the date the application was deemed complete.
c. The incentive or concession would be contrary to state or federal
law.
3. The applicant shall receive the following number of incentives or
concessions:
a. One incentive or concession for projects that include at least ten
percent of the total units for lower-income households, at least five percent for very low-income
households, or at least ten percent for persons and families of moderate income in a common
interest development.
b. Two incentives or concessions for projects that include at least
twenty percent of the total units for lower-income households, at least ten percent for very low-
income households, or at least twenty percent for persons and families of moderate income in a
common interest development.
c. Three incentives or concessions for projects that include at least
thirty percent of the total units for lower-income households, at least fifteen percent for very low-
income households, or at least thirty percent for persons and families of moderate income in a
common interest development.
4. An incentive or concession may include any of the following:
a. A reduction in site development standards or a modification of
zoning code or architectural design requirements (excluding State Building Standards), that
results in identifiable, financially sufficient and actual cost reductions. A reduction/modification to
standards or requirements may include, but is not limited to, a reduction in minimum lot size,
setback requirements, and/or in the ratio of vehicular parking spaces that would otherwise be
required.
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DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
b. Approval of mixed use zoning in conjunction with the housing
development if: i) commercial, office, industrial or other land uses will reduce the cost of the
housing development; and ii) the commercial, office, industrial, or other land uses are compatible
with the housing development and the existing or planned future development in the area where
the proposed project will be located.
c. Other regulatory incentives or concessions that result in identifiable,
financially sufficient and actual cost reductions.
d. The city council may, but is not required to, provide direct financial
incentives, including the provision of publicly owned land, or the waiver of fees or dedication
requirements.
5. The applicant shall show that the requested incentive(s) or concession(s)
will result in identifiable, financially sufficient, and actual cost reductions.
seetiorf21.e6~.oro I
21.86.070 Density bonus and incentives for condominium conversions.
A. When an applicant proposes to convert apartments to condominiums, the decision-
making body shall grant either a density bonus or other incentives of equivalent financial value,
as set forth in Section 21.86.050(A) of this chapter, if the applicant agrees to provide the following:
1. A minimum of thirty-three percent of the total units of the proposed
condominium conversion project as restricted and affordable to low-income or moderate-income
households; or
2. A minimum offifteen percent ofthe total units of the proposed condominium
conversion project as restricted and affordable to lower-income households.
B. For purposes of this section "density bonus" means an increase in units of twenty-
five percent over the number of apartments, to be provided within the existing structure or
structures proposed for conversion.
C. For purposes of this section, "other incentives of equivalent financial value" shall
not be construed to require the city to provide monetary compensation, but may include the waiver
or reduction of requirements that might otherwise apply to the proposed condominium conversion
project.
D. The density bonus dwelling units shall not be included when determining the
number of housing units required to be reserved for income-restricted households.
E. When calculating the density bonus, or the required number of target dwelling
units, any calculations resulting in fractional units shall be rounded up to the next whole unit.
F. Nothing in this section shall be construed to require that the city approve a proposal
to convert apartments to condominiums.
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DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
G. An applicant/developer proposing to convert apartments to condominiums shall be
ineligible for a density bonus or other incentives urider this section if the apartments proposed for
conversion constitute a housing development for which a density bonus or other incentives were
provided under Sections 21.86.040 and 21.86.050 of this chapter.
H. A density bonus housing agreement shall be made a condition of the discretionary
permits (tentative maps, parcel maps, planned unit developments and condominium permits) for
all condominium conversion proposals that request a density bonus or other incentives. The
relevant terms and conditions of the density bonus housing agreement shall be filed and recorded
as a deed restriction on those individual lots or units of a project development which are
designated for the location of target dwelling units. The density bonus housing agreement shall
be consistent with Section 21.86.130 of this chapter.
I. An applicant shall be ineligible for a density bonus or any other incentives or
concessions under this chapter if the condominium project is proposed on any property that
includes a parcel or parcels on which rental dwelling units are or. if rental dwelling units have been
vacated or demolished in the five-year period preceding the application. have been subject to a
recorded covenant. ordinance. or law that restricts rents to levels affordable to persons and
families of lower or very low income: subject to any other form of rent or price control through the
city's valid exercise of its police power; or occupied by lower-or very low-income households.
unless the proposed condominium project replaces those units. as defined in Section
21.86.040.K.3 of this chapter. and either of the following applies:
1. The proposed condominium project. inclusive of the units replaced
pursuant to Section 21.86.040.K.3 of this chapter. contains affordable units at the percentages
set forth in Section 21.86.070.A.
2. Each unit in the development. exclusive of a manager's unit or units. is
affordable to. and occupied by, either a lower or very low income household.
• ·. Section 21.86.100 I
21.86.100 Affordability tenure.
A. All low-and very low-income rental dwelling units that qualified the housing
project for a density bonus shall remain restricted and affordable to the designated group for a
period of at least ~fiftv-five years, or a longer period of time if required by the construction or
mortgage financing assistance program, mortgage insurance program, or rental subsidy
program. Rents for the target dwelling unit(s) shall be set at an affordable rent as defined in
Section 50053 of the Health and Safety Code.
B. All very low-. low-and moderate-income for-sale dwelling units that qualified the
housing project for direotly related to the reoei~t of a density bonus for a GORlRlon interest
develo~Rlent shall be subject to the following:
1. The initial occupant(s) of the target dwelling unit(s) shall be persons and
families of verv low. low or moderate income, as required. and the units shall be offered at an
affordable housing cost that does not exseeEI the allowable housing ex~enses for a Rloderate
insoRle householdas defined in Section 50052.5 of the Health and Safety Code.
Page 10
DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
2. Unless in conflict with·the requirements of another public funding source
or law, the target dwelling unit(s) shall be subject to an equity sharing agreement that specifies:
a. Upon resale, the seller of the unit shall retain the value of any
improvements, the down payment, and the seller's proportionate share of appreciation.
b. Upon resale, the city shall recapture any initial subsidy and its
proportionate share of appreciation, which shall then be used within five years for any of the
purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that
promote homeownership.
i. For the purposes of this subsection, the city's initial
subsidy shall be equal to the fair market value of the home at the time of initial sale minus the
initial sale price to the moderate-income household, plus the amount of any downpayment
assistance or mortgage assistance. If upon resale the market value is lower than the initial
market value, then the value at the time of the resale shall be used as the initial market value.
ii. For the purposes of this subsection, the city's proportionate
share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market
value of the home at the time of initial sale.
3. If the city provides a direct financial contribution to a common interest the
housing development through participation in cost of infrastructure, write-down of land costs, or
subsidizing the cost of construction, the target dwelling unit(s) shall remain affordable to the
designated income group for at least thirty years.
C. For rental projects, the city or its designee shall have a one-time first right of
refusal to purchase any project containing affordable units offered for sale at the end of the
minimum tenure of affordability. The first right of refusal to purchase the rental project shall be
submitted in writing to the housing and neighborhood services director. Within ninety days of its
receipt, the city shall indicate its intent to exercise the first right of refusal for the purpose of
providing affordable housing.
Section 21.86.11 o I
21.86.110 Application process.
A. The granting of a density bonus, incentive or concession, pursuant to this
chapter, shall not be interpreted, in and of itself, to require a general plan amendment, zone
code amendment, local coastal plan amendment, zone change ... E*-Dther discretionary approval ...
or the waiver of a city ordinance or provisions of a city ordinance unrelated to development
standards.
B. Preliminary Application. A preliminary application may be submitted prior to the
submittal of any formal development application for a housing project that includes a request for
a density bonus, incentive(s) or concession(s). The preliminary application should include the
following information:
Page 11
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DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
. 1. A brief description of the proposal including the number of target dwelling
units and density bonus units proposed;
2. The zoning, general plan designations and assessors parcel number(s) of
the project site;
3. A site plan, drawn to scale, which includes: building footprints, driveway
and parking layout, existing contours and proposed grading;
4. A letter identifying what specific density bonus, incentives or concessions
(e.g., standards modifications, additional density bonus, or fee waiver, etc.) are being requested
of the city; and
5. The planning division shall provide to an applicant/developer, a letter that
identifies project issues of concern and the procedures for compliance with this chapter.
C. Formal Application. A request for a density bonus, incentive(s) or concession(s),
pursuant to this chapter, does not require a discretionary approval. The request shall be
processed as part of the development applications for a housing development, as otherwise
required in other sections of this code (e.g., site development plan, tentative map, parcel map,
planned unit development, conditional use permit, redevelopment permit, etc.).
1. If the project involves a request for direct financial incentives from the city,
then any action by the planning commission on the application shall be advisory only, and the
city council shall have the authority to make the final decision on any discretionary permits
related to the project.
2. The following information shall be included with the development
application(s) required for the project:
a. A legal description of the total site proposed for development of
the target dwelling units including a statement of present ownership and present and proposed
zoning;
b. A letter signed by the present owner stating what specific density
bonus, incentives, or concessions (e.g., standards modifications, additional density bonus, or
fee waiver, etc.) are being requested from the city;
c. A detailed vicinity map showing the project location and such
details as the location of the nearest commercial retail, transit stop, potential employment
locations, park or recreation facilities or other social or community service facilities;
d. Site plans, designating the total number of units proposed on the
site, including the number and location of target dwelling units and density bonus dwelling units,
and supporting plans per the application submittal requirements;
e. In the case of a request for any incentive(s) or concession(s), a
pro forma for the proposed project to justify the request, in accordance with the provisions of
Section 21.86.050 of this chapter;
Page 12
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DENSITY BONUS AMENDMENT (ZCA 14-02/LCPA 14-04)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
f. In the case of a request for a waiver or reduction of development
standards, pursuant to Section 21.86.060 of this chapter, evidence that the development
standard being waived or reduced will have the effect of physically precluding the construction
of the development at the densities or with the concessions or incentives permitted by this
chapter;
g. In the case of a condominium conversion request, a report
documenting the following information for each unit proposed to be converted:
i. The monthly income of tenants of each unit throughout the
prior year,
ii. The monthly rent for each unit throughout the prior year,
and
iii. Vacancy information for each unit throughout the prior
year.
Page 13
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PLANNING COMMISSION RESOLUTION NO. 7097
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE
AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENTTO MAKE
THE CITY'S DENSITY BONUS REGULATIONS CONSISTENT WITH STATE
LAW.
CASE NAME: DENSITY BONUS AMENDMENT
CASE NO: ZCA 14-02/LCPA 14-04
WHEREAS, the City Planner has prepared a proposed Zone Code Amendment pursuant to
Section 21.52.020 ofthe Carlsbad Municipal Code to amend the city's Zoning Ordinance to make the city's
density bonus regulations consistent with state law; and
WHEREAS, California State law requires that the Local Coastal Program, General Plan, and
Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as
provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title
14, Division 5.5; and
WHEREAS, the proposed Zone Code Amendment and Local Coastal Program Amendment
are set forth in the draft City Council Ordinance, Exhibit "X" dated May 6, 2015, and attached hereto
DENSITY BONUS AMENDMENT-ZCA 14-02/LCPA 14-04; and
WHEREAS, State Coastal Guidelines requires a six-week public review period for any
amendment to the Local Coastal Program; and
WHEREAS, the Planning Commission did on May 6, 2015, hold a duly noticed public
hearing as prescribed by law to consider said request for a proposed Zone Code Amendment and Local
Coastal Program Amendment; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Zone Code Amendment and Local Coastal Program Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B)
C)
At the end of the state-mandated six-week review period for the Local Coastal Program
Amendment, starting on April10, 2015, and ending on May 22, 2015, staff shall present
to the City Council a summary of the comments received.
That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of DENSITY BONUS AMENDMENT-ZCA 14-02/LCPA 14-04,
based on the following findings:
Findings:
1.
2.
3.
4.
That the proposed Zone Code Amendment ZCA 14-02 is consistent with the General Plan in that
the proposed amendments do not conflict with any goal, objective, or policy of the General
Plan, and amendments to the city's density bonus regulations to be consistent with state law
will further the goals and objectives of the General Plan.
That the proposed Zone Code Amendment reflects sound principles of good planning.
That the proposed Local Coastal Program Amendment meets the requirements of, and is in
conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the
Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments
ensure consistency with the Carlsbad Zoning Ordinance and state density bonus law, and does
not conflict with any coastal zone regulations, land use designations or policies, with which
development must comply.
That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into
consistency with the proposed Zone Code Amendment (ZCA 14-02).
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, held on May 6, 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Scully, Commissioners Anderson, Black, L'Heureux,
Montgomery, Segall and Siekmann
24 VI! T lA SCULLY, Chairperson
CARLSBAD PLANNING COMMISSION
25
ATIEST:
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DON NEU
28 City Planner
PC RESO NO. 7097 -2-
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: May 6, 2015
ltemNo. 8
Application complete date: N/ A
Project Planner: Carl Stiehl
Project Engineer: N/A
SUBJECT: ZCA 14-02/LCPA 14-04-DENSITY BONUS AMENDMENT-A request for recommendation
of approval of a Zone Code Amendment and Local Coastal Program Amendment to make
the city's density bonus regulations consistent with state law.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7097 RECOMMENDING
APPROVAL of ZCA 14-02 and LCPA 14-04 based on the findings contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This project is a city-initiated Zone Code Amendment and Local Coastal Program (LCP) Amendment
consisting of amendments to the city's density bonus regulations (Municipal Code Chapter 21.86). The
primary purpose of this project is to make the city's regulations pertaining to density bonuses consistent
with California Assembly Bill 2222 (Nazarian), which was approved by the Governor on September 27,
2014.
With regard to the LCP, the Zoning Ordinance is the implementing ordinance of the Local Coastal Program
(LCP); therefore an LCP amendment is necessary. However, no portion ofthe LCP land use plan document
is proposed to be amended.
Ill. ANALYSIS
The proposed amendments to the Zoning Ordinance are provided in strikethrough/underline format
(Attachment 2) and are summarized and analyzed as follows:
A. Summary Assembly Bill 2222 (Nazarian):
1. If a density bonus is requested for a proposed housing development/condominium
conversion on property where income-restricted affordable rental dwelling units are located,
or occupied by lower or very low income households, including such rental units that have
been vacated or demolished in the five-year period preceding the application, and such rental
units would be replaced by the proposed development, AB 2222 prohibits an applicant from
receiving a density bonus (and related incentives and waivers); unless, the proposed housing
development or condominium project would, at a minimum, maintain at least the same
number of affordable housing units at the same level of affordability.
2. AB 2222 also increases the required tenure of affordability from 30 years or longer to 55 years
or longer for all lower-and very low-income rental units that qualified an applicant for a
density bonus.
~~---~-~---~--~~------~---------
ZCA 14-02/LCPA 14-04-DENSITY BONUS AMENDMENT
May 6, 2015
Page 2
3. AB2222 also adds lower-and very-low income households to the tenure restrictions
applicable to for-sale dwelling units (i.e., initial occupant of the for-sale units that qualified an
applicant for a density bonus must be persons and families of very low-, low-and moderate
income; and the units shall be subject to an equity sharing agreement that applies upon resale
of the units).
The proposed amendments do not substantially change the requirements of the Zoning Ordinance and
increase the city's ability to retain affordable housing when related to the granting of a density bonus.
The amendments are necessary to implement state law consistent with the requirements established by
Assembly Bill 2222, and are consistent with applicable portions of the General Plan, other sections of the
Zoning Ordinance that are not being amended, and maintains consistency with the LCP.
IV. ENVIRONMENTAL REVIEW
The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(B),
which exempts projects "where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment." The changes proposed by this project are
procedural in nature, are not substantial and will not significantly affect the existing development
standards in the Zoning Ordinance; therefore, the project will not result in a significant effect on the
environment. A Notice of Exemption will be filed.
ATTACHMENTS:
1. Planning Commission Resolution No. 7097 (ZCA 14-02/LCPA 14-04)
2. Proposed Text Changes to the Zoning Ordinance (Title 21) Shown in Strikethrough/Underline Format
Planning Commission Minutes May 6, 2015 Page2
MOTION
ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner L'Heureux
to approve the minutes of the Regular Meeting of April 15, 2015.
VOTE: 7-0
AYES: Chairperson Scully, Commissioner Anderson, Commissioner Black, Commissioner
L'Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner
Siekmann,
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
None.
PLANNING COMMISSION PUBLIC HEARING
Chairperson Scully asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item
3.
3. ZCA 14-02/LCPA 14-04 -DENSITY BONUS AMENDMENT - A request for
recommendation of approval of a Zone Code Amendment and Local Coastal Program
Amendment to make the city's density bonus regulations consistent with state law.
Mr. Neu stated Agenda Item 3 would normally be heard in a public hearing context; however, the project
appears to be minor and routine in nature with no outstanding issues and Staff recommends approval. He
recommended that the public hearing be opened and closed, and that the Commission proceed with a vote
as a consent item. Staff would be available to respond to questions if the Commission or someone from
the public wished to comment on Agenda Item 3.
Chairperson Scully asked if any member of the audience wished to address Agenda Item 3. Seeing none,
she opened and closed public testimony.
MOTION
ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner L'Heureux
that the Planning Commission approve Agenda Item 3.
VOTE: 7-0
AYES: Chairperson Scully, Commissioner Anderson, Commissioner Black, and
Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and
Commissioner Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Scully closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item
and opened the public hearing on Agenda Item 1.
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
ro: c~c~~
DATE OF PUBLIC HEA~ING: 7/tlf(t 5 .
SUBJECT: D&rcSc-/:j &flu 5 . ~~ ~ ·
LOCATION: Ldflo Gu---(5~ [I( (Vje-DA've.
D~ TE ~OTICES MAILED TO PROPE.RTY OWNERS: _] /t~ +--~../...!::::5:::____ __ _
NUMBER MAILED: c:::( 1-f-
I declare under penalty of peljury under the laws of the State of California that I am
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CITY CLERK'S OFFICE
fMt·£~
· (Signature)
SENT TO FOR PUBLICATION VtA E-MAIL TO:·, ifuni?n Tribune . ~~ ~C .
. IT Coast News · V""
PUBLICATION DATE: Union Tribune. __ 2+· 7/__3:::::::...,/'--L(-=5:::..· ~------
/17
Coast News. __ ---...~-:j-r---=3~7f-/r~5:_. ____ ~--
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and
co~ct ·
Date: 6h.3ftS ~I
Attachments: 1) Mailing Labels
2) Notice w/ attachments
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(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
This space is for the County Clerk's Filing Stamp
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~ the Coun~ afure~id: I am over ~~~~~~F~~~~~~~~~~~~~~~~~~~~
eighteen years and not a pa~ to or int NOTICE OF PUBLIC HEARING
the above-entitled matter. I am the prin
of the printer of
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Formerly known as the North Coun~ Ti
UT North Coun~ and which newspaper ~
adjudicated as a newspaper of general c
by the Superior Court of the Coun~ of S
State of California, for the Ci~ of Ocea
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on the following dates, to-wit:
July 03rd, 2015
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that
the City Council of the City of Carlsbad will hold a public hearing at the Council
Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on
Tuesday, July 14, 2015, to consider approval of a Zone Code Amendment
and Local Coastal Program Amendment to make the city's density bonus
regulations consistent with state law.
Whereas, on May 6, 2015 the City of Carlsbad Planning Commission voted 7-0 to recommend
approval of a Zone Code Amendment and Local Coastal Program Amendment to make the city's
density bonus regulations consistent with state law.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing.
Copies of the agenda bill will be available on and a~er July 10, 2015. If you have any questions,
please contact Carl Stiehl in the Planning Division at (760) 602-4605 or carl.stiehl@carlsbadca.gov.
If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment in court,
you may be limited to raising only those issues you or someone else raised at the public hearing
descnbed in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City
Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: ZCA 14-02/LCPA 14-04
CASE NAME: DENSITY BONUS AMENDMENT
I certify (or declare) under penal~ of pe PUBLISH: July 3. 2015
the foregoing is true and correct.
Dated at Oceanside, California
On This 06th, of July 2015
Jane Allshouse
The San Diego Union Tribune
Legal Advertising
CITY OF CARLSBAD
CITY COUNCIL
==========~~~~~==========~~~=======--==-~~~----------------~-------
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council
of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village
Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 14, 2015, to consider approval of a
Zone Code Amendment and Local Coastal Program Amendment to make the city's density bonus
regulations consistent with state law.
Whereas, on May 6, 2015 the City of Carlsbad Planning Commission voted 7-0 to recommend
approval of a Zone Code Amendment and Local Coastal Program Amendment to make the city's
density bonus regulations consistent with state law.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing.
Copies of the agenda bill will be available on and after July 10, 2015. If you have any questions,
please contact Carl Stiehl in the Planning Division at (760) 602-4605 or
carl.stiehl@carlsbadca.gov.
If you challenge the Zone Code Amendment and/or Local Coastal Program Amend~ent in court,
you may be limited to raising only those issues you or someone else raised at the public hearing
described in thi.s notice or in written correspondence delivered to the City of Carlsbad, Attn: City
Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: ZCA 14-02/LCPA 14-04
CASE NAME: DENSITY BONUS AMENDMENT
PUBLISH: July 3, 2015
CITY OF CARLSBAD
CITY COUNCIL
E~ Peel® Labels
Use Avery® Template 5160®
CARLSBAD UNIFIED SCHOOL DISTRICT
6225 EL CAMINO REAL
CARLSBAD CA 92011
SAN DIEGUITO SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
CITY OF VISTA
200 CIVIC CENTER DR
VISTA CA 92084
STATE OF CALIFORNIA
DEPT OF FISH AND WILDLIFE
3883 RUFFIN RD
SAN DIEGO CA 92123
SAN DIEGO LAFCO
STE 200
9335 HAZARD WAY
SAN DIEGO CA 92123
U.S. FISH & WILDLIFE
STE 250
2177 SALK AV
CARLSBAD CA 92011
CARLSBAD CHAMBER OF COMMERCE
5934 PRIESTLEY DR
: CARLSBAD CA 92008
City Clerk
City of Carlsbad
1290 Carlsbad Village Dr.
Carlsbad, CA 92008
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SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICOAV
SAN MARCOS CA 92069
LEUCADIA WASTE WATER DISTRICT
TIM JOCHEN
1960 LA COSTA AV
CARLSBAD CA 92009
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
REGIONAL WATER QUALITY CONTROL
BOARD
STE 100
2375 NORTHSIDE DR
SAN DIEGO CA 92108-2700
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD
-SAN DIEGO CA 92131
CA COASTAL COMMISSION
ATIN KANANI BROWN
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
MICHAEL MCSWEENEY-BIA SD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
SANDAG
401 11 8 11 St
SAN DIEGO,
STE 800
CA 92101
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ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
OLIVENHAIN WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND URBAN
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SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
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I 1
Density Bonus Amendment
ZCA 14-02/LCPA 14-04
Carl Stiehl
July 14, 2015
Density Bonus Amendment
Assembly Bill 2222 (Nazarian, Los Angeles)
•Signed September 27, 2014
•Effective January 1, 2015
•Issue: developers demo’ing affordable units
2
Density Bonus Amendment
Procedural changes:
A.Replace or maintain affordable units in conversions
or new developments (demo’ing old units)
B. Increase the tenure of affordability from 30 years
or longer to 55 years or longer
3
Recommendation
That the City Council INTRODUCE Ordinance
CS-280 APPROVING a Zone Code Amendment
(ZCA 14-02)and ADOPT Resolution No.2015-
193 APPROVING a Local Coastal Program
Amendment (LCPA 14-04)to amend Title 21
of city code to make the city’s regulation of
density bonuses consistent with state law.