HomeMy WebLinkAbout2022-03-02; Planning Commission; Resolution 7441
ORDINANCE NO. .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AMENDMENTS TO THE CARLSBAD MUNICIPAL
CODE TITLE 18 (BUILDING CODE) AND TITLE 21 (ZONING ORDINANCE)
IMPLEMENTING HOUSING ELEMENT PROGRAMS.
WHEREAS, the City Planner, has prepared a proposed amendment to the Zone Code and Local
Coastal Program pursuant to Chapter 21.52 of the Carlsbad Municipal Code to implement three
programs approved in the Housing Element of the General Plan; and
WHEREAS, As part of its approval of the Comprehensive General Plan Update on Sept. 22, 2015,
the City Council adopted Resolution 2015-242, certifying Environmental Impact Report (EIR) 13-02 and
adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and
Reporting Program; and
WHEREAS, on August 6, 2021 the City Council approved the city’s Housing Element by
Resolution 2021-073, which included an addendum consistent with Section 15164 of the CEQA
Guidelines to study impacts of the proposed Goals, Policies, Programs and Objectives of the Housing
Element; and
WHEREAS, the Housing Element includes Goals, Policies, Programs and Objectives that are
required to be implemented to ensure continued compliance throughout the sixth cycle of the Housing
Element to cover the period from 2021 to 2029; and
WHEREAS, On July 13, 2021 the California Department of Housing and Community
Development found the element to be in substantial compliance with all applicable laws; and
WHEREAS, on February 18, 2022, pursuant to Carlsbad Municipal Code Section 19.04.030, the
City Planner determined that the proposed amendments to the Carlsbad Municipal Code and Local
Coastal Program Update ZCA 2022-001/LCPA 2022-0013 complies with the provisions of sections 15168
and 15162 of the California Environmental Quality Act Guidelines and no further environmental review
is required. The notice was circulated for a 10-day period, which began on February 18, 2022 and ended
on February 28, 2022. The city did not receive any comment letters on the CEQA findings and
determination. The effective date and order of the city planner CEQA determination was February 28,
2022; No appeals of this determination were received in accordance with Carlsbad Municipal Code
Section 21.54.140; and
WHEREAS, on March 2, 2022, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2022-0001/ LCPA 2022-0013; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7441
recommending to the City Council that ZCA 2022-0001/ LCPA 2022-0013 be
approved; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1. The above recitations are true and correct.
2. The findings in Planning Commission Resolution No. 7441 shall also constitute the
findings of the City Council.
3. Carlsbad Municipal Code Section 18.04.045
Section 110.4 of the California Building Code is amended to read as follows:
INSPECTION AGENCIES. The building official is authorized to accept reports of approved inspection
agencies, licensed Engineers, licensed contractors or other qualified individuals, provided that such
agencies, licensed professionals or individuals satisfy the requirements as to qualifications and
reliability.
4. Carlsbad Municipal Code Section 18.20.050 is amended to read as follows:
Section 109.2 of the California Residential Code is amended to read as follows:
INSPECTION AGENCIES. The building official is authorized to accept reports of approved inspection
agencies, licensed Engineers, licensed contractors or other qualified individuals, provided such
agencies, licensed Engineers, licensed contractors or qualified individuals satisfy the requirements as
to qualifications and reliability.
5. Carlsbad Municipal Code Section 21.26.015 is amended to read as follows:
Mixed use developments that propose residential uses in combination with commercial uses shall
comply with the following requirements.
A. Residential uses are allowed either vertically, meaning within the same building, or horizontally,
meaning within a separate building on the same site. Residential uses must be Accessory to the
nonresidential uses permitted by Section 21.26.010 of this title.
B. Residential uses shall be subject to the requirements of the chapters of this title, which include
but are not limited to, Chapter 21.26, Chapter 21.44, and in the case of airspace subdivisions,
Chapter 21.47.
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per
Table 2-4 of the general plan land use and community design element, subject to approval of a
site development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the residential
density calculations and residential development restrictions in Section 21.53.230 of this title
and shall be based on 25% of the developable area. Unit yield in excess of the minimum shall
be subject to the finding in subsection 2 below. In no case shall the calculation preclude the
development of at least one dwelling unit in a mixed use development.
2. Residential uses shall be accessory to the primary commercial use of the site. Compliance with
this provision shall be evaluated as part of the site development plan.
D. Residential uses shall include residential care facilities (serving six or fewer persons), supportive
housing, and transitional housing.
6. Carlsbad Municipal Code Section 21.28.015 is amended to read as follows:
Mixed use developments that propose residential uses in combination with commercial uses shall
comply with the following requirements.
A. Residential uses are allowed either vertically, meaning within the same building, or horizontally,
meaning within a separate building on the same site. Residential uses must be Accessory to the
nonresidential uses permitted by Section 21.28.010 of this title.
B. Residential uses shall be subject to the requirements of the chapters of this title, which include
but are not limited to, Chapter 21.28, Chapter 21.44, and in the case of airspace subdivisions,
Chapter 21.47.
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per
Table 2-4 of the general plan land use and community design element, subject to approval of a
site development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the residential
density calculations and residential development restrictions in Section 21.53.230 of this title
and shall be based on 25% of the developable area. Unit yield in excess of the minimum shall
be subject to the finding in subsection 2 below. In no case shall the calculation preclude the
development of at least one dwelling unit in a mixed use development.
2. Residential uses shall be accessory to the primary commercial use of the site. Compliance with
this provision shall be evaluated as part of the site development plan.
D. Residential uses shall include residential care facilities (serving six or fewer persons), supportive
housing, and transitional housing.
7. Carlsbad Municipal Code Section 21.31.015 is amended to read as follows:
Mixed use developments that propose residential uses in combination with commercial uses shall
comply with the following requirements.
A. Residential uses are allowed either vertically, meaning within the same building, or horizontally,
meaning within a separate building on the same site. Residential uses must be Accessory to the
nonresidential uses permitted by Section 21.31.030 of this title.
B. Residential uses shall be subject to the requirements of the chapters of this title, which include
but are not limited to, Chapter 21.31, Chapter 21.44, and in the case of airspace subdivisions,
Chapter 21.47.
C. Residential uses shall be constructed at a minimum density of 15 dwelling units per acre, per
Table 2-4 of the general plan land use and community design element, subject to approval of a
site development plan processed in accordance with Chapter 21.06 of this title.
1. Density and yield of residential uses shall be determined consistent with the residential
density calculations and residential development restrictions in Section 21.53.230 of this title
and shall be based on 25% of the developable area. Unit yield in excess of the minimum shall
be subject to the finding in subsection 2 below. In no case shall the calculation preclude the
development of at least one dwelling unit in a mixed use development.
2. Residential uses shall be accessory to the primary commercial use of the site. Compliance with
this provision shall be evaluated as part of the site development plan.
D. Residential uses shall include residential care facilities (serving six or fewer persons), supportive
housing, and transitional housing.
8. Carlsbad Municipal Code Section 21.53.120 is amended to read as follows:
A. Site Development Plan Requirement.
1. Notwithstanding anything to the contrary in this code, no building permit or other entitlement
shall be issued for any multi-family residential development having more than four dwelling
units or an affordable housing project of any size unless a site development plan has been
approved for the project. The site development plan shall be processed pursuant to the
provisions of Chapter 21.06 of this title.
2. A site development plan for a multi-family residential project (not affordable) shall not be
required for any project processed pursuant to the provisions of Chapter 21.45 of this title.
B. Development Standards.
1. The development (both for multi-family residential and affordable housing) shall be
subject to the development standards of the zone in which the development is located and/or
any applicable specific or master plan except for affordable housing projects as expressly
modified by the site development plan. The site development plan for affordable housing
projects may allow less restrictive development standards than specified in the underlying
zone or elsewhere provided that the project is in conformity with the general plan and
adopted policies and goals of the city, it would have no detrimental effect on public health,
safety and welfare, and, in the coastal zone, any project processed pursuant to this chapter
shall be consistent with all certified local coastal program provisions, with the exception of
density. The decision making authority for the site development plan and any other associated
permits can only require objective requirements that involve no personal or subjective
judgment by a public official and are uniformly verifiable by reference to an external and
uniform benchmark or criterion available and knowable by both the development applicant or
proponent and the public official before submittal. These standards were published in
advance and consistent with The Zoning Ordinance, General Plan, any applicable Master or
Specific Plan, and the Government Code of the State of California.
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.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 19th
day of April 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of May 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CELIA A. BREWER, City Attorney
____________________________________
MATT HALL, Mayor
_____________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)