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Home My WebLink About2017-01-24; City Council; ; Adopt Ordinance No. CS-311 amending Title 21 (Zoning Ordinance) to make the City's Density Bonus Regulations consistent with State Law.CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: January 24, 2017 Mayor and City Council <./Kevin Crawford, City Manage�11 Sheila Cobian, City Clerk Services Manager Sheila.cobian@carlsbadca.gov 760-434-2917 CA Review (I(__ Subject: Adopt Ordinance No. CS-311 amending Title 21 (Zoning Ordinance) to make the City's Density Bonus Regulations consistent with State Law. Recommended Action Adopt Ordinance No. CS-311 amending Title 21 (Zoning Ordinance) to make the City's Density Bonus Regulations con.sistent with State Law. Executive Summary /Discussion Ordinance No. CS-311 was introduced and first read at the City Council meeting held on January 10, 2017. The City Council voted 5/0 to introduce the Ordinance. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. Fiscal Analysis There is no anticipated fiscal impact. Next Steps The City Clerk will have the ordinance or a summary of the ordinance published in a newspaper of general circulation within fifteen days following adoption of the ordinance. Environmental Evaluation (CEQA) The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), 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 to the Zoning Ordinance proposed by this project are to implement state density bonus law parking development standards adopted by the state legislature that were effective in state law at the beginning of 2016. A development project may already invoke the reduced parking standards in the law; the city is merely revising the standards in our Zoning Ordinance to be consistent with the updated state law. The proposed changes are not substantial as they implement state law development standards which may already be applied to projects; therefore, the project will not result in a significant effect on the environment and is not subject to CEQA. A Notice of Exemption will be filed. Public Notification The City Clerk will have the ordinance or a summary of the ordinance published within fifteen days, if adopted. Exhibits 1.Ordinance No. CS-311 Item #8 January 24, 2017 Page 1 of 5 ORDINANCE NO. CS-311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 21 (ZONING ORDINANCE) TO MAKE THE CITY'S DENSITY BONUS REGULATIONS CONSISTENT WITH STATE LAW. CASE NAME: CASE NO.: DENSITY BONUS AMENDMENT ZCA 16-02/LCPA 16-01 EXHIBIT 1 WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an amendment to the Local Coastal Program; and WHEREAS, the City Planner has prepared a Zoning Ordinance Amendment (ZCA 16-02)/Local Coastal Program Amendment (LCPA 16-01) pursuant to Section 21.52.020 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5; and WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review period for the Local Coastal Program Amendment began on August 26, 2016 and ended on October 7, 2016;and WHEREAS, on September 21, 2016, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 16-02/LCPA 16-01; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7198 recommending to the City Council that ZCA 16-02/LCPA 16-01 be approved; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider the ZCA 16-02/LCPA 16-01; 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, including written public comments, if any, related to ZCA 16-02/LCPA 16-01; and WHEREAS, the findings of the Planning Commission in Resolution No. 7198 constitute the findings of the City Council in this matter. NOW THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1.That Section 21.86.090 of the Carlsbad Municipal Code is amended to read as follows: Item #8 January 24, 2017 Page 2 of 5 21.86.090 Density bonus housing standards. EXHIBIT 1 A.Required target dwelling units shall be constructed concurrent with market-rate dwelling units unless both the final decision-making authority of the city and the developer/applicant agree within the density bonus housing agreement to an alternative schedule for development. B.Whenever feasible, target dwelling units and density bonus dwelling units should be built on-site (within the boundary of the proposed development) and, whenever reasonably possible, be distributed throughout the project site. C.Whenever feasible, target dwelling units should be located on sites that are in proximity to, or will provide access to, employment opportunities, urban services, or major roads or other transportation and commuter rail facilities (i.e., freeways, bus lines) and that are compatible with adjacent land uses. D.Whenever feasible, target dwelling units should vary in size and number of bedrooms, in response to affordable housing demand priorities of the city. E.Density bonus projects shall comply with all applicable development standards, except those which may be modified as an incentive or concession, or as otherwise provided for in this chapter. In addition, all units must conform to the requirements of the applicable building and housing codes. The design of the target dwelling units shall be reasonably consistent or compatible with the design of the total project development in terms of appearance, materials and finished quality. F.No building permit shall be issued, nor any development approval granted, for a development which does not meet the requirements of this chapter. No target dwelling unit shall be rented or sold except in accordance with this chapter. G.Upon the request of the applicant, the parking ratio (inclusive of handicap and guest parking) for a housing development that conforms to the requirements of Section 21.86.040(A) of this chapter shall not exceed the ratios specified in Table E or as noted, below. If the applicant does not request the parking ratios specified in this section or the project does not conform to the requirements of Section 21.86.040(A) of this chapter, the parking standards specified in Chapter 21.44 of this code shall apply. 1.If a development includes the maximum percentage of low-or very low income units provided for in Section 21.86.040(A) and is located within one-half mile of a major transit stop, as defined in the state Public Resources Code (subdivision (b) of Section 21155), and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds 0.5 spaces per bedroom. For purposes of this subsection, a development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. 2.If a development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in state Health and Safety Code (section 50052.5), then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following ratios: a.If the development is located within one-half mile of a major transit stop, as defined in state Public Resources Code (subdivision (b) of Section 21155), and there is unobstructed access to the major transit stop from the development, the ratio shall not exceed 0.5 spaces per unit. b.If the development is a for-rent housing development for individuals who are 62 years of age or older that complies with state Civil Code (sections 51.2 and 51.3), the ratio shall Item #8 January 24, 2017 Page 3 of 5 EXHIBIT 1 not exceed 0.5 spaces per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. c.If the development is a special needs housing development, as defined in state Health and Safety Code (section 51312), the ratio shall not exceed 0.3 spaces per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. 3.If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded down to the next whole number. 4.For purposes of this section, a housing development may provide "on-site" parking through tandem parking or uncovered parking, but not through on-street parking. 5.The applicant may request parking incentives or concessions beyond those provided in this section, subject to the findings specified in Section 21.86.050(A)(2) of this chapter. 6.Notwithstanding subsections G.1 and G.2 of this section, if the city or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the city may impose a higher vehicular parking ratio not to exceed the ratio described in Table E, based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market rate and subsidized developments, and the lower rates of car ownership for low-and very low income individuals, including seniors and special needs individuals. The city shall pay the costs of any new study. The city shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio. Table E Parking Ratio for Housing Developments Dwelling Unit Size On-Site Parking Ratio 0-1 bedrooms 1 space per unit 2-3 bedrooms 2 spaces per unit 4 or more bedrooms 2.5 spaces per unit 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 LCPA 16-01 is approved by the California Coastal Commission.) Item #8 January 24, 2017 Page 4 of 5