HomeMy WebLinkAbout2015-07-24; Planning Commission; Resolution 7114
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE AN ALLOCATION FROM THE EXCESS DWELLING UNIT BANK FOR
RESIDENTIAL PROPERTIES DESCRIBED HEREIN AND FOR WHICH A
RESIDENTIAL LAND USE CHANGE IS RECOMMENDED FOR APPROVAL PER
PLANNING COMMISSION RESOLUTION NO. 7112.
CASE NAME: GENERAL PLAN UPDATE
CASE NO.: GPA 07-02
WHEREAS, the City Planner has filed a verified application with the City of Carlsbad
regarding a comprehensive update to the city’s General Plan, which affects properties citywide; and
WHEREAS, per City Council direction at its meeting of September 11, 2012 and November
5, 2013, staff utilized the Preferred Plan in the preparation of the General Plan update, and said Preferred
Plan and City Council direction included proposals to increase allowed residential densities on various
properties; and
WHEREAS, to approve any of the proposed residential density increases requires an
allocation of units from the city’s Excess Dwelling Unit Bank as established in City Council Policy No. 43;
and
WHEREAS, City Council Policy No. 43 identifies that an allocation of excess dwelling units
is an “incentive”, as defined by Carlsbad Municipal Code (CMC) Section 21.86.020.A.12 and Government
Code Section 65915(k), in that it is a regulatory concession that modifies the requirements of CMC Chapter
21.90 by permitting development with more dwelling units than otherwise permitted by the growth
management control point established in CMC Chapter 21.90; the allocation of excess dwelling units to a
property will permit more dwelling units on a site than would otherwise be allowed by the existing
underlying General Plan land use designation, which reduces land cost per dwelling unit and results in
identifiable, financially sufficient and actual cost reductions to development of the property; and
WHEREAS, City Council Policy No. 43 requires, in return for the incentive of receiving an
allocation of excess dwelling units, that a percentage of the housing units developed on a site, which has
been subject to an allocation of excess dwelling units, be provided at a cost affordable to lower income
PLANNING COMMISSION RESOLUTION NO. 7114
PC RESO NO. 7114 -2-
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households per the city’s Inclusionary Housing Ordinance (CMC Chapter 21.85) or as otherwise specified
by the decision-maker; and
Whereas, staff and the Planning Commission recommend that excess dwelling units be
allocated to properties as identified in Table A below and as further described in Attachment 8 of the
Planning Commission Staff Report dated July 18, 2015:
TABLE A – RECOMMENDED ALLOCATION OF EXCESS DWELLING UNITS
Quadrant Site Name
Assessor’s
Parcel
Number
Recommended Land Use Changes Units to be
Allocated
from EDUB From
(Existing)
To
(Recommended)
Northeast
Basin BJ 168-05-036 RLM/OS R-30/OS 94
Robertson Ranch
PA22 168-360-16 O/OS R-23/OS
(20 du/ac. min.) 98
Sunny Creek
Commercial 209-090-11 L (17.6 ac.)
L (8ac.)
R-15 (9.6 ac. @
12 du/ac. min.)
115
Northwest Marja Residential 207-101-35 RLM R-15
(12 du/ac. min.) 100
Southeast La Costa Town Square 223-060-61 O R-23 120
Southwest
Aviara Farms 212-040-56 UA R-30 224
Ponto Residential 216-140-43 UA R-23 124
Ponto Mixed Use UA GC 12
TOTAL 887
WHEREAS, the Planning Commission did on July 18, 2015, hold a duly noticed public
hearing and received public testimony and thereafter continued said public hearing to July 22, 23 and 24,
2015, 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 evidence relating to
the General Plan Amendment and proposed residential land use changes.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad that:
A) The foregoing recitations are true and correct.
B) Based on the evidence presented at the public hearing and based on the following
findings, the Planning Commission RECOMMENDS:
PC RESO NO. 7114 -3-
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1) THAT THE CITY COUNCIL APPROVE THE ALLOCATION OF EXCESS DWELLING
UNITS PER TABLE A OF THIS RESOLUTION, SUPPORTED BY THE FINDINGS
BELOW.
Findings:
1. The location and density of the sites to be allocated excess dwelling units are compatible with
existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the
sites: are within close proximity to neighborhood services (shopping, employment, parks,
schools, etc.); are not located in areas that contain significant natural or manmade hazards; are
adjacent to or near properties with similar densities.
2. The location and density of the sites are in accordance with the applicable provisions of the
General Plan and any other applicable planning document in that the allocation of excess
dwelling units will enable implementation of the land use designations proposed by the General
Plan update and the sites help to ensure the availability of sufficient land in all residential
densities to accommodate varied housing types to meet Carlsbad’s 2010-2020 Regional Housing
Needs Assessment (RHNA), as identified in the Housing Element.
3. The proposed residential land use changes comply with the findings stated in the General Plan for
projects that exceed the growth management control point for the applicable density range in
that the General Plan EIR did not identify any significant impacts to public facilities resulting
from buildout of the subject properties at the proposed densities; and future development at
the proposed densities will be subject to the city’s growth management ordinance, which
requires the provision of adequate public facilities concurrent with development; and the
proposed densities will not result in exceeding any quadrant dwelling limit.
NOW, THEREFORE, the Planning Commission of the City of Carlsbad resolves that:
A) The density increases provided in Table A herein are substantial and well above the density
bonus limits established by Carlsbad Municipal Code (CMC) Section 21.86.030.B, and constitute
an “offset” as defined by Carlsbad Municipal Code (CMC) Section 21.85.020. In exchange for
making such offset available, the city council finds it is appropriate to require, in accordance
with Carlsbad Municipal Code (CMC) Section 21.85.100, any residential development (rental or
for-sale) on the properties identified in Table A of this resolution to enter into an affordable
housing agreement with the City of Carlsbad to provide a minimum of 20 percent of the total
housing units on the site of the residential development as affordable to lower income
households at 80% or below the San Diego County Area Median Income. At the sole discretion
of the City of Carlsbad and following completion of an alternate public benefit analysis, any
residential development (rental or for-sale) on the properties identified in Table A of this
resolution may be permitted to produce affordable housing units on the site of the residential
development that meet one of the following minimum requirements as an alternative to satisfy
the lower income affordable housing requirement set forth above:
1. A minimum of 15 percent of the total projects housing units shall be affordable to lower
income households at 80% or below the San Diego County Area Median Income and an
additional 10 percent shall be affordable to moderate income households at 100% or below
of the San Diego County Area Median Income; or
PC RESO NO. 7114 -4-
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2. A minimum of 15 percent of the total project housing units shall be affordable to very low
income households at 50% or below the San Diego County Area Median Income.
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