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HomeMy WebLinkAbout2022-04-19; City Council; ; Housing Element Programs – Amendments to Title 18 and Title 21 of the Carlsbad Municipal Code (ZCA 2022-0001), including Local Coastal Program Amendment (LCPA 2022-0013)CA Review __RK__ Meeting Date: April 19, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Eric Lardy, Principal Planner eric.lardy@carlsbadca.gov; 442-224-9595 Subject: Housing Element Programs – Amendments to Title 18 and Title 21 of the Carlsbad Municipal Code (ZCA 2022-0001), including Local Coastal Program Amendment (LCPA 2022-0013) District: All Recommended Action That the City Council: 1. Hold a public hearing to introduce an ordinance adopting amendments to Carlsbad’s Building Code (Municipal Code Title 18) and Zoning Ordinance (Title 21) implementing certain housing programs required under the 2021-2029 Housing Element (Exhibit 1) 2. Adopt a resolution approving a Local Coastal Program Amendment to update the city’s Zoning Ordinance to implement certain housing programs required under the 2021- 2029 Housing Element (Exhibit 2) Executive Summary The 2021-2029 Housing Element serves as the city’s housing plan, which outlines activities and responsibilities that need to be taken over the next eight years to accommodate the city’s share of state housing. This item is requesting the City Council’s approval of amendments to the Carlsbad Municipal Code and Local Coastal Program to implement three program objectives outlined in the city’s Housing Element: • Clarify the current legal authority in California housing laws that the Planning Commission and City Council cannot add additional subjective conditions during review of site development plans for affordable housing • Update definitions of what can be considered mixed use in commercially designated properties • Make amendments to the Building Code to allow building professionals to self-certify less complex building permits Not implementing these programs could cause the California Department of Housing and Community Development to review and consider decertifying the city’s Housing Element, which could curtail the city’s ability to oversee the development of housing in Carlsbad. Completion of April 19, 2022 Item #7 Page 1 of 44 these programs require amendments to the Carlsbad Municipal Code and the city’s Local Coastal Program, which require the City Council’s approval. Discussion Background On April 6, 2021, the City Council approved an update to the city’s Housing Element that covers the city’s housing plans for the period from 2021 to 2029. On July 13, 2021, the state Department of Housing and Community Development certified that the Housing Element is in substantial compliance with state housing element law. The Housing Element includes a number of programs and objectives to be implemented by specified dates through the eight-year housing cycle. Three of these programs and objectives need to be completed by April or June 2022 and are presented as part of this item. Exhibit 1 shows the proposed ordinance. Exhibits 3 and 4 highlight the specific changes being proposed to the municipal code and Local Coastal Program. Program 1.6 – Development Streamlining: Objective G This objective requires the city to “Evaluate and recommend changes to guidance for Site Development Plans to the Planning Commission and City Council related to all housing projects and remove requirements that could reduce allowed density and uncertainty. Amend requirements for affordable housing accordingly.” The requirements and authorization for site development plans for affordable multi-family housing developments are included in Section 21.53.120 of the municipal code, which establishes the review authority of the Planning Commission and City Council for such projects. Over the past several years, many state laws have been passed that modify the authority of local governments to impose what are considered to be “subjective” standards. Government Code sections 65913.4 and 66300 (a) (7) establish the definition of objective design standards for recent state laws that include affordable housing requirements. (Senate Bill 35 and SB 330) During the Department of Housing and Community Development’s first review of the city’s draft Housing Element, the department wrote the city a letter on Feb. 22, 2021, (Exhibit 5) that directed the city to include specific programs to address and remove or mitigate the requirements that could limit housing supply, impact costs and create uncertainty for developers in order to have the Housing Element certified by the state. In subsequent conversations, Department of Housing staff said this program was required to be completed in the first year of the period covered by the Housing Element. The department further documented its position in its July 13, 2021, letter (Exhibit 6) certifying the city’s Housing Element, which specifically highlighted several programs the department was monitoring compliance with. The letter stated (emphasis added): Site Development Plan Process: The element notes that through the site development plan process, Planning Commission or City Council may impose special conditions or requirements that are more restrictive than the current development standards related to density, parking standards, setbacks, heights, etc., (pg. 194). HCD finds this to be a constraint to development as stricter requirements can add to costs, timing, and create uncertainty to the approval of a project. As a result, the City must implement Program 1.6 (Development Streamlining), objective g: to review and remove any special conditions from the April 19, 2022 Item #7 Page 2 of 44 site development planning process that will impact the density, cost, timing, or certainty of a projects approval by April 2022. Objective design requirements are defined by these codes as 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.” Further, subjective standards cannot be added during the hearing process that are not published ahead of time or that could reduce residential density of affordable housing projects. Under existing law, subjective standards cannot be added during the development process to any housing project; this amendment applies only to site plans for affordable housing projects. The recommended action replaces the provisions in Section 21.53.120 with statements consistent with the California Government Code’s sections on affordable housing projects and is required to comply with both state law and Housing Element Program 1.6 (g). Program 1.8 – Mixed Use: Objective C Objective C requires that the city, “Update Zoning Ordinance to define and allow both horizontal and vertical mixed-use projects.” Vertical mixed use can be defined as residential uses being allowed in the same building as commercial uses, while horizontal mixed use can be defined as separate buildings on the same site. The Land Use & Community Design Element of the city’s General Plan contains tables and descriptions regarding allowing mixed use residential in commercial zones as secondary to commercial uses at a minimum density of 15 dwelling units per acre (page 2-18). The standards for the applicable zones – C-1- Neighborhood Commercial, C-2 - General Commercial, and C-L - Local Shopping Center Zone – outline the requirements for having mixed use as a secondary use, but do not clearly define the types of mixed uses that are allowed and the limits of the mixed uses. Staff are recommending the regulations included in the Zoning Ordinance for C-1 (Section 21.26.015), C-2 (Section 21.28.015), and C-L (Section 21.31.065) be updated to incorporate these definitions and to clarify that both horizontal and vertical mixed uses are allowed consistent with the Land Use & Community Design Element as well as the Housing Element of the General Plan. Staff are also recommending that the Zoning Ordinance be amended to clarify that these uses are allowed as “accessory uses.” An accessory use is defined in the Zoning Ordinance as “a building, part of a building or structure, or use which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot. If an accessory building is attached to the main building by a common wall such building area is considered a part of the main building and not an accessory building or structure.” (Section 21.04.020) Because the term secondary use is not defined in the Zoning Ordinance, the proposed amendment uses the phrase accessory use, as the ordinance defines. Program 1.6 – Development Streamlining: Objective F This program requires that the city, “Expand ‘self-certification’ building permit application/inspection options for qualifying projects.” April 19, 2022 Item #7 Page 3 of 44 Staff have reviewed the requirements within the Building Code and Regulations (Title 18) and determined that amendments are required to Chapters 18.04 and 18.20 to clarify the application process and who is eligibility for the self-certification. The proposed amendments only pertain to who is eligible to inspect work; a prerequisite for allowing self-certification. They will have no impact on who is allowed to submit a building permit application; that will continue to be licensed design professionals, as defined in the California Building Code. While these changes reference licensed engineers or contractors, other certified design professionals would also be eligible. Once these changes are adopted, the Community Development Department will establish a pre-qualification process for professionals wishing to take advantage of this program. Local Coastal Program amendment By including a corresponding amendment to the city’s Local Coastal Program, this project is in conformity with the policies of Chapter 3 of the state Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment. This amendment does not change or modify any permitted land use in the Coastal Zone, and only clarifies existing process and definitions. Commission actions • On Feb. 24, 2022, San Diego County’s Airport Land Use Commission determined that the proposed amendments are consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan (Exhibit 7). • On March 2, 2022, the Planning Commission held a public hearing and recommended approval of these amendments. The Planning Commission Staff Report is included as Exhibit 8, and Resolution No 7441 is included as Exhibit 9. Conclusion Timely implementation of these three housing programs is critical for the continued consistency and provision of housing in accordance with the city’s General Plan and required for the state’s continuing certification of the city’s Housing Element. The proposed Building Code and Zoning Ordinance amendments would be consistent with the General Plan’s goals and policies. Options Adoption of the Housing Element on April 6, 2021, and subsequent certification from the Department of Housing and Community Development included these objectives. If these three programs are not adopted, it could cause the Department of Housing and Community Development to consider reviewing the continued compliance of the city’s Housing Element with state housing law, and the department has the authority to decertify it. Fiscal Analysis There is no immediate nor direct fiscal impact from approval of these amendments. Next Steps Following the City Council’s introduction of the ordinance, it will be scheduled at the City Council’s next meeting for adoption. Once it is adopted, amendments to Title 18 and the amendments to Title 21 outside of the Coastal Zone will become effective 30 days after adoption. April 19, 2022 Item #7 Page 4 of 44 Title 21 amendments relating to areas within the Coastal Zone will become effective when the California Coastal Commission approves the Local Coastal Program Amendment. Staff will submit an application to the California Coastal Commission to approve the Local Coastal Program Amendment following City Council adoption of the ordinance. Environmental Evaluation The California Environmental Quality Act, (Public Resources Code section 21000) and the CEQA Guidelines, its implementing regulations (Section 15168) set the criteria for use of a program environmental impact report for later activities to determine if an additional environmental document must be prepared. Section 15168 (c) (2) directs a program environmental impact report to use the specific process referenced in Sections 15162 through 15164, which set the criteria for determining the appropriate additional environmental documentation, if any, to be completed when there is a previously adopted negative declaration or a previously certified environmental impact report covering a project for which a subsequent discretionary action is required. The city followed these steps in its environmental evaluation of this project. As part of its approval of the Comprehensive General Plan Update on Sept. 22, 2015, the City Council adopted City Council Resolution 2015-242, certifying Environmental Impact Report 13- 02 and adopting findings of fact, a statement of overriding considerations, and a mitigation monitoring and reporting program. This is in accordance with CEQA Guidelines Section 15164(a), which says, “the lead agency...shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.” EIR 13-02 is available as part of the General Plan Update documents page of the Planning Division (Exhibit 10). Subsequently, on April 6, 2021, the City Council approved an update of the city’s Housing Element for 2021-2029 (Resolution 2021-073). This included an addendum that was consistent with Section 15164 of the CEQA Guidelines to study the impacts of the goals, policies, programs and objectives contained in the Housing Element. The addendum included an evaluation of the Housing Element’s goals, policies, programs and objectives that will be implemented throughout the eight-year period. Exhibit 11 links to the addendum and resolution. On the basis of the analysis contained in the notice of intended decision (Exhibit 12), the City Planner has determined that there are no substantial changes proposed in the project and there are no substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous environmental impact report due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. The City Planner issued a notice of intended decision with respect to the exemption. The notice was circulated to the public for a 10-day period, which began on Feb. 18, 2022, and ended on March 1, 2022, and no appeal was filed. April 19, 2022 Item #7 Page 5 of 44 Public Notification Public notices have been conducted in a variety of formats consistent with requirements of the Carlsbad Municipal Code and State of California Government Regulations. To date, no opposition to these proposed amendments has been received. Public notices for this project: • Notification when these programs were included in the Housing Element adopted by City Council on April 6, 2021 • The City Planner issued a notice of intended decision related to the CEQA determination on Feb. 18, 2022 • A public notice for the Local Coastal Program Amendment was published on Feb. 25, 2022, and the six-week review period ended on April 8, 2022 • Notification when the Planning Commission held a hearing March 2, 2022 and adopted Resolution No. 7441 recommending approval. Additionally, this staff report was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council ordinance 2. City Council resolution 3. Proposed Amendments to Title 21 (revisions highlighted) 4. Proposed Amendments to Title 18 (revisions highlighted) 5. Letter from the Department of Housing and Community Development on draft Housing Element, dated Feb. 22, 2021 6. Letter from the Department of Housing and Community Development certifying Housing Element, dated July 13, 2021 7. Airport Land Use Commission Consistency determination, dated Feb. 24, 2022 8. Planning Commission staff report, dated March 2, 2022 9. Planning Commission Resolution No. 7441 10. General Plan and Climate Action Plan Final Environmental Impact Report (EIR 13-02) 11. City Council Resolution 2021-073 and addendum attachment 12. City Planner’s California Environmental Quality Act Determination of Exemption, dated Feb. 18, 2022 April 19, 2022 Item #7 Page 6 of 44 ORDINANCE NO. CS-422 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 CERTAIN HOUSING PROGRAMS REQUIRED UNDER THE 2021-2029 HOUSING ELEMENT Exhibit 1 WHEREAS, on Aug. 6, 2021 the City Council approved the city's Housing Element, and subsequently on July 13, 2021 the California Department of Housing and Community Development found the adopted Housing Element to be in substantial compliance with applicable laws; 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, 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, 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. Resi dential 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 processe d 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 OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUTSIDE THE COASTAL ZONE: 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. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE : This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA 2022-0013, whichever occurs later; 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) April 19, 2022 Item #7 Page 11 of 44 RESOLUTION NO. 2022-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO UPDATE THE CITY'S ZONING ORDINANCE TO IMPLEMENT CERTAIN HOUSING PROGRAMS REQUIRED UNDER THE 2021-2029 HOUSING ELEMENT CASE NAME: CASE NO.: HOUSING ELEMENT PROGRAM IMPLEMENTATION ZCA 2022-0001/LCPA 2022-0013 (PUB2022-0003) Exhibit 2 WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on March 2, 2022, hold a duly noticed public hearing as prescribed by law to consider Planning Commission Resolution 7441, recommended approval of Local Coastal Program Amendment LCPA 2022-0013; and the Planning Commission adopted Planning Commission Resolution 7441 recommending to the City Council that LCPA 2022-0013 be approved; and WHEREAS, the City Council, on April 19, 2022, held a duly noticed public hearing to consider LCPA 2022-0013 as recommended by the Planning Commission; 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 relating to LCPA 2022- 0013; and WHEREAS, pursuant to California Coastal Commission regulations, a six-week public review period for LCPA 2022-0013 began on February 25, 2022 and ended on April 8, 2022; no comments were received during the review period; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for approval of LCPA 2022-0013 to amend the Carlsbad Local Coastal Program is approved, and the findings of the Planning Commission contained in Planning Commission Resolution 7441, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review," shall apply: I, "NOTICE" 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 Chanter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within 10 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 of preparation of such record, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or the party's attorney of record, if the party has one. A written request for the preparation of the record of proceedings shall be filed with the Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of April, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta. None. Norby. f2t -to ✓FAVIOLA MEDINA, City Clerk Services Manager (SEAL) EXHIBIT 3 Proposed Amendments to Title 21: The Zoning Ordinance Amend the various Zoning Code sections to read as specified below, signified as replacements, additions, or revisions to existing text. Revisions to existing text are shown in order by section number, with strikeout typeface (i.e. strikeout) illustrating deletions and underline typeface (i.e. underline) illustrating new text. The proposed changes are not intended to impair or interfere with any other existing provision of law or ordinance. A clean-copy of the proposed changes will be provided as an attachment to the resolution that is presented to Planning Commission for review and consideration. SECTION 21.53 USES GENERALLY 21.53.120 Affordable housing multi-family residential projects—Site development plan required. 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. In addition, the decision-making authority in approving a site development plan may impose special conditions or requirements which are more restrictive than the development standards in the underlying zone or elsewhere that include provisions for, but are not limited to, the following: a. Density of use; b. Compatibility with surrounding properties and land uses; c. Parking standards; April 19, 2022 Item #7 Page 14 of 44 d. Setbacks, yards, active and passive open space required as part of the entitlement process, and on-site recreational facilities; e. Height and bulk of buildings; f. Fences and walls; g. Signs; h. Additional landscaping; i. Grading, slopes and drainage; j. Time period within which the project or any phases of the project shall be completed; k. Points of ingress and egress; l. Such other conditions as deemed necessary to ensure conformity with the general plan and other adopted policies, goals or objectives of the city. C. In addition the decision-making authority may require that the developer provide public improvements either on or off the subject site as are needed to serve the proposed development or to mitigate public facilities needs or impacts created by the project. (Ord. CS-178 § CII, 2012; Ord. NS-753 § 2, 2005; Ord. NS-402 § 7, 1997; Ord. NS-207 § 6, 1992; Ord. 9826 § 1, 1987; Ord. 9804 § 5, 1986; Ord. 9767 § 1, 1985) April 19, 2022 Item #7 Page 15 of 44 SECTION 21.26 USES GENERALLY Chapter 21.26 C-1 NEIGHBORHOOD COMMERCIAL ZONE 21.26.015 Residential uses. 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 secondary Accessory to the shall be located above the ground floor of a multi-storied commercial building with one or more of the nonresidential uses permitted by Section 21.26.010 of this title located on the ground floor. 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 secondary and 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. (Ord. CS-287 § 2, 2015; Ord. CS-249 § XII, 2014; Ord. CS-191 § XIV, 2012; Ord. CS-172 § III, 2012) Chapter 21.28 C-2 GENERAL COMMERCIAL ZONE 21.28.015 Residential uses in the C-2 zone. 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 secondary Accessory to the shall be located above the ground floor of a multi-storied commercial building with one or more of the nonresidential uses permitted by Section 21.28.010 of this title located on the ground floor. 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. April 19, 2022 Item #7 Page 16 of 44 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 secondary and 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. (Ord. CS-287 § 3, 2015; Ord. CS-249 § XIII, 2014; Ord. CS-191 § XV, 2012; Ord. CS-172 § VII, 2012) Chapter 21.31 C-L LOCAL SHOPPING CENTER ZONE 21.31.065 Residential uses. 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 secondary Accessory to the shall be located above the ground floor of a multi-storied commercial building with one or more of the nonresidential uses permitted by Section 21.31.030 of this title located on the ground floor. 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 secondary and 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. (Ord. CS-287 § 6, 2015; Ord. CS-249 § XIV, 2014; Ord. CS-191 § XVI, 2012; Ord. CS-172 § XII, 2012) April 19, 2022 Item #7 Page 17 of 44 EXHIBIT 4 Proposed Amendments to Title 18: Building Code and Regulations Amend the Building Code and regulations sections 18.04 and 18.20 to read as specified below, signified as replacements, additions, or revisions to existing text. Revisions to existing text are shown in order by section number, with strikeout typeface (i.e. strikeout) illustrating deletions and underline typeface (i.e. underline) illustrating new text. The proposed changes are not intended to impair or interfere with any other existing provision of law or ordinance. A clean-copy of the proposed changes will be provided as an attachment to the resolution that is presented to City Council for consideration. Chapter 18.04 BUILDING CODE 18.04.045 Section 110.4 amended 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. Chapter 18.20 RESIDENTIAL CODE 18.20.040 California Residential Code section 10.2 Inspection Agencies 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. April 19, 2022 Item #7 Page 18 of 44 Exhibit 5 March 2, 2022 Planning Commission Staff Report (on file in the Office of the City Clerk) April 19, 2022 Item #7 Page 19 of 44 Exhibit 6 April 19, 2022 Item #7 Page 20 of 44 PLANNING COMMISSION RESOLUTION NO. 7441 AN RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD CALIFORNIA RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO UPDATE THE CITY'S ZONING ORDINANCE TO IMPLEMENT HOUSING ELEMENT PROGRAMS CASE NAME: CASE NO.: Housing Element Program Implementation ZCA 2022~001/LCPA 2022-0013 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, 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 amendments to the Zoning Ordinance, and the Local Coastal Program Amendment are consistent with implementation of the city's General Plan and California Government Code April 19, 2022 Item #7 Page 21 of 44 related to adoption and implementation of Housing Elements, Exhibit A dated, March 2, 2022, and attached hereto DENSITY BONUS AMENDMENTS 2020-ZCA 2020-0001/LCPA 2020-0005; 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; and WHEREAS, on February 24, 2022, the Airport Land Use Commission reviewed and found that the proposed Zone Code Amendment is consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and WHEREAS, California Coastal Commission Regulations require a six-week public review period for any amendment to the Local Coastal Program; 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. as follows: A) B) C) NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad That the foregoing recitations are true and correct. At the end of the state-mandated six-week review period for the Local Coastal Program Amendment, starting on February 25, 2022 and ending on April 8, 2022, 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 Zoning Ordinance Amendments and Local Coastal Program Amendments of the HOUSING ELEMENT PROGRAM AMENDMENTS -ZCA 2022-0001/LCPA 2022-0013, based on the following findings: PC RESO NO. 7441 -2- April 19, 2022 Item #7 Page 22 of 44 Findings: Zoning Code Amendment, ZCA 2022-0001 1. ZCA 2022-0001 reflects sound principles of good planning in that it amends the Carlsbad Municipal Code to ensure consistency with state law; and, 2. ZCA 2022-0001 is consistent with the General Plan in that the proposed amendments implement objectives from General Plan Housing Element Programs 1.6 and 1.8; and, Local Coastal Program Amendment LCPA 2022-0013 3. LCPA2022-0013 is required to ensure consistency with the Zone Code; and, 4. LCPA 2022-0013 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 amendment ensures consistency with the General Plan Housing Element Programs and does not conflict with any Coastal Zone regulations, land use designations or policies, with which development must comply. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission ofthe City of Carlsbad, held on March 2, 2022, by the following vote, to wit: AYES: Commissioners Kamenjarin, Meenes, Merz, Sabellico, and Stine NOES: ABSENT: Commissioners Lafferty and Luna ABSTAIN : JOESEP STINE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7441 -3- 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 Attachment A April 19, 2022 Item #7 Page 23 of 44 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. April 19, 2022 Item #7 Page 24 of 44 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. April 19, 2022 Item #7 Page 25 of 44 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: April 19, 2022 Item #7 Page 26 of 44 AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CELIA A. BREWER, City Attorney ____________________________________ MATT HALL, Mayor _____________________________________ FAVIOLA MEDINA, City Clerk Services Manager (SEAL) April 19, 2022 Item #7 Page 27 of 44 February 24, 2022 Mr. Eric Lardy City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Re: Airport Land Use Commission Consistency Determination – Amendment to the Municipal Code for Housing Element Programs, City of Carlsbad Dear Mr. Lardy: As the Airport Land Use Commission (ALUC) for San Diego county, the San Diego County Regional Airport Authority (SDCRAA) acknowledges receipt of an application for a determination of consistency for the project described above. The area covered by this project lies within the Airport Influence Area (AIA) for the McClellan-Palomar Airport - Airport Land Use Compatibility Plan (ALUCP). ALUC staff has reviewed your application and accompanying materials and has determined that it meets our requirements for completeness. In accordance with SDCRAA Policy 8.30 and applicable provisions of the State Aeronautics Act (Cal. Pub. Util. Code §21670-21679.5), ALUC staff has determined that the proposed project is consistent with the McClellan-Palomar Airport ALUCP based upon the facts and findings summarized below: (1) The project involves amendments to the municipal code to implement three housing element programs. The amendments include clarification of the authority of the Planning Commission for affordable housing, ability to accept building plans, and the definitions of mixed use for commercial areas. No changes in land use or density/intensity are proposed. There is no actual development proposed by the project. (2)The proposed project does not involve any actual development and thus does not impact any noise exposure contours. (3)The proposed project does not involve any actual development and thus does not impact any airspace protection boundaries. Exhibit 7 April 19, 2022 Item #7 Page 28 of 44 SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY PO Box 82776 San Diego, CA 92138-2776 www.san.org/aluc AIRPORT LAND USE COMMISSION (4) The proposed project does not involve any actual development and thus does not impact any safety zones. (5) The proposed project does not involve any actual development and thus does not impact any overflight notification requirements. (6) Therefore, the proposed project is consistent with the McClellan-Palomar Airport ALUCP. (7) This determination of consistency is not a “project” as defined by the California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21065, and is not a “development” as defined by the California Coastal Act, Cal. Pub. Res. Code §30106. This determination will be reported to the ALUC at its public meeting on April 7, 2022. Any determination rendered by the ALUC is limited to the project plans and descriptions submitted with the application and is not transferable to any revision of this or any similar, future project involving a change in land use, in building or crane height, or in building area in excess of 10 percent (provided area increase does exceed ALUCP standards) of any prior ALUC determination. Any change or exceedance in these characteristics requires a new consistency determination prior to decision-making consideration by the local agency. Please contact Sid Noyce at (619) 400-2419 or snoyce@san.org if you have any questions regarding this letter. Yours truly, Ralph Redman Manager, Airport Planning cc: Amy Gonzalez, SDCRAA General Counsel Brendan Reed, SDCRAA Director, Planning and Environmental Affairs Cam Humphries, County of San Diego Airports April 19, 2022 Item #7 Page 29 of 44 SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY AIRPORT LAND USE COMMISSION STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453www.hcd.ca.gov February 22, 2021 Jeff Murphy, Director Community Development Department City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Jeff Murphy: RE: Review of Carlsbad’s 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of Carlsbad’s (City) draft housing element received for review on December 24, 2020 along with revisions on February 8, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by various communications throughout 2020 and to date. In addition, HCD considered comments from the People for Ponto, pursuant to Government Code section 65585, subdivision (c). The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes revisions needed to comply with State Housing Element Law. Government Code section 65588, subdivision (e)(4), requires a jurisdiction that failed to adopt its housing element within 120 calendar days from the statutory due date to revise its element every four years until adopting at least two consecutive revisions by the applicable due dates. The City is subject to the four-year revision requirement and has satisfied the first four-year update requirement. Provided the City adopts its 6th cycle housing element by the due date (April 15, 2021), the City will satisfy the second consecutive four-year update and return to an eight-year update cycle. Please reach out to HCD with any questions regarding timing and meeting the second four-year update requirements. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Exhibit 8 April 19, 2022 Item #7 Page 30 of 44 Jeff Murphy, Director Page 2 Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources. HCD appreciates your hard work and effort; the exemplary cooperation and diligence of the Carlsbad housing element team: including Don Neu, Jeff Murphy, Scott Donnell and Eric Lardy. We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Sohab Mehmood, of our staff, at Sohab.Mehmood@hcd.ca.gov. Sincerely, Shannan West Land Use & Planning Unit Chief Enclosure April 19, 2022 Item #7 Page 31 of 44 APPENDIX CITY OF CARLSBAD The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources. A. Housing Needs, Resources, and Constraints 1. A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (10) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584 (Gov. Code, § 65583.2(a).) The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing (Gov. Code, § 65583.2(c).). Affirmatively Furthering Fair Housing: The element does not address this requirement. The element must identify sites throughout the community to foster inclusive communities and affirmatively further fair housing. Zoning for a Variety of Housing Types: The element must demonstrate zoning for a variety of housing types, as follows: • Emergency Shelters: The element describes a zone to permit emergency shelters without discretionary action but must also evaluate the available acreage for characteristics like parcel size or potential redevelopment or reuse opportunities and describe development standards. The analysis must also address the appropriateness of allowable uses, particularly as noted on page 167, the presence of chemicals or hazardous materials and whether parking requirements are limited to staff working in the emergency shelters and do not require more parking than other residential or commercial uses in the zone. The element must include programs as appropriate based on the outcomes of this analysis. • Permanent Supportive Housing: Supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. While the element includes an indication that zoning will be amended to comply with housing laws (Program 2.13) regarding supportive housing, the element must clearly demonstrate compliance with this requirement by including specificity in the program. April 19, 2022 Item #7 Page 32 of 44 Electronic Sites Inventory: Pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housing-element/index.shtml#element for a copy of the form and instructions. Finally, the City can reach out to HCD at sitesinventory@hcd.ca.gov for technical assistance. 2. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). (Gov. Code, § 65583, subd. (a)(5).) Land Use Controls: The element must identify and analyze all relevant land use controls for impacts as potential constraints on the cost, supply, timing and approval certainty of housing. Specifically, the element must analyze: • Definition of Density: Based on communications with the City, the zoning code implements a definition of density that potentially limits the number of allowable units in a development. The element must analyze this definition and include programs as appropriate. In additions, while the element includes Program 2.3 to update zoning to implement State Density Bonus Law (Government Code section 65915), please note, pursuant to Government Code section 65915, subdivision (f), density bonus means a density increase over the maximum allowable gross residential density. • Growth Management Program: Based on communications, HCD understands the City continues to require an allocation under the Growth Management Program. Any limits on the number of land use approvals or permits involving housing development projects, including housing caps, moratorium and requiring unit allocations, must be void pursuant to Government Code section 66300, subdivision (b)(1)(D), As a result, this activity must immediately be suspended. Processing and Permit Procedures: The element indicates a Site Development Plan (SDP) is required and in some cases, the Planning Commission or City Council may impose special conditions or requirement that are more restrictive than development standards for a variety of provisions such as density, parking and other provisions that can limit the supply of housing or impact costs and approval certainty. The HCD Review of Carlsbad’s 6th Cycle Housing Element Page 4 February 22, 2021 April 19, 2022 Item #7 Page 33 of 44 element must include an analysis of this requirement and specific programs to address and remove or mitigate the requirement. Housing for Persons with Disabilities: The element shows (Table 10-34) that group homes for seven or more persons are excluded in some zones allowing residential uses (e.g., R-E, R-A, R-1 and R-2 zones). In addition, the element notes parking requirements of two space plus 1 space per three beds for residential care facilities. Both of these requirements must be evaluated as potential constraints and programs added or modified as appropriate. B. Housing Programs 1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) Programs must include definitive implementation timelines to demonstrate a “beneficial impact” in the planning period. Several programs include timelines such as “ongoing” despite having clear deliverables in the planning period. These programs must be revised with discrete timelines (e.g., annual, within 1 year). Program to be revised include: 1.5 (Flexibility in Development Standards), 1.8 (Mixed Use), 2.4 (City Initiated Development), 2.5 (Land Banking) and 2.9 (Assistance for Special Needs Populations). 2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) HCD Review of Carlsbad’s 6th Cycle Housing Element Page 3 February 22, 2021 April 19, 2022 Item #7 Page 34 of 44 As noted in the Finding A1, the element does not include a complete analysis. Based on the results, programs may need to be added, or revised. In addition: City-owned Sites: The element identifies several city-owned sites that are essential to demonstrating adequate sites to accommodate the housing needs of lower income households. As a result, the element must include specific commitment with timelines to encourage development on the City owned site. Actions include additional incentives, schedule for development, significant outreach with developers of affordability housing, reducing fees and seeking financing or supporting applications for funding. Water and Sewer Priority: Given the City controls most water service, the element must include a specific program to establish written procedures to grant priority to developments with units affordable to lower-income households. 3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650). (Gov. Code, § 65583, subd. (c)(3).) As noted in the Finding A2, the element does not include a complete analysis and based on the results of a complete analysis, may need to add or revise programs. 4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. (Gov. Code, § 65583, subd. (c)(10)(A)). While the element lists statewide impediments to fair housing, the element must also list and prioritize contributing factors to fair housing issues that are specifically tailored to Carlsbad. Contributing factors create, contribute to, perpetuate, or increase the severity of fair housing issues and are fundamental to adequate goals HCD Review of Carlsbad’s 6th Cycle Housing Element Page 4 February 22, 2021 April 19, 2022 Item #7 Page 35 of 44 and actions. Examples include community opposition to affordable housing, land use and zoning laws, lack of regional cooperation, location and type or lack of affordable housing and lack of public or private investment in areas of opportunity or affordable housing choices. HCD will send additional examples under separate cover. Based on the outcome of a complete analysis, the element should include actions to enhance housing mobility strategies and encourage development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protect existing residents from displacement. The element includes many meaningful actions such as expanding housing choices in high opportunity areas through the City’s inclusionary requirement and promoting access to opportunity such as safe routes to school in the Village and Barrio Master Plan areas, However, the element should include additional actions to enhance housing mobility, encourage place-based strategies to revitalize communities and protect existing residents from displacement. Several programs could be enhanced to assist in meeting these requirements, including : Programs 2.7 (Section 8 Housing Choice Vouchers and Similar Housing Cost Offsets), 2.8 (Assistance for Homebuyer Down Payment and Closing Cost), 3.1 (Pursue State and Federal Funding), 3.3 (Mobilehome Park Preservation), 3.4 (Acquisition/Rehabilitation/Retention of Rental Housing), 3.5 (Rehabilitation of Owner-Occupied Housing) and 4.1 (Fair Housing Services). Also, the element should include specific action to protect existing residents from displacement in the Village and Barrio areas. HCD welcomes the opportunity to discuss additional actions with the City. C. Quantified Objectives A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing. It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low-income, that can be constructed, rehabilitated, and conserved over a five-year time period. (Gov. Code, § 65583, subd. (b).) While the element includes quantified objectives for new construction (Table 4-1), it must include additional quantified objectives for rehabilitation and conservation and preservation by income group, including extremely low-income households. HCD Review of Carlsbad’s 6th Cycle Housing Element Page 5 February 22, 2021 April 19, 2022 Item #7 Page 36 of 44 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453www.hcd.ca.gov July 13, 2021 Scott Chadwick, City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Scott Chadwick: RE: Review of Carlsbad’s 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Carlsbad’s (City) housing element adopted on April 6, 2021 and received for review on April 15, 2021. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. HCD considered comments from the People for Ponto and the San Diego Housing Federation pursuant to Government Code section 65585, subdivision (c). HCD is pleased to find the adopted housing element in substantial compliance with State Housing Element Law (Article 10.6 of the Gov. Code). The adopted element addresses the statutory requirements described in HCD’s February 22, 2021 review. HCD’s finding was based on, among other reasons, several programs that remove constraints on housing and effectuate affirmatively further fair housing (AFFH) policies and practices. Additionally, the City must continue timely and effective implementation of programs such as Program 1.3 (Alternative Housing), Program 1.6 (Development Streamlining), Program 2.7 (Section 8 Housing Choice Vouchers and Similar Housing Cost Offsets) and Program 4.3 (Anti-Segregation in Housing Implementation). The City must monitor the effectiveness of these, and other programs, and make adjustments, as appropriate, as part of its Annual Progress Report to HCD. Specifically, HCD notes the following: •Group Homes for Seven or More: The element notes that group homes forseven or more persons (also referred to as large residential care facilities) arepermitted differently than groups homes for six or fewer persons and areconditionally permitted in only a few zones (pg. 167). Additionally, the elementnotes that residential care facilities must provide one parking space for every three beds. HCD finds the permitting and parking requirements to beconstraints for developing and providing access to housing for persons withdisabilities. As such, the City must implement Program 1.3 (Alternative Exhibit 9 April 19, 2022 Item #7 Page 37 of 44 Scott Chadwick, City Manager Page 2 Housing), objective g: to review and amend the Carlsbad zoning ordinance or allow group homes of seven or more in the same manner as group homes of six or fewer; allow group homes in all residential zones; and remove constraints, including parking constraints, to housing for persons with disabilities by April 2023 • Site Development Plan Process: The element notes that through the site development plan process, Planning Commission or City Council may impose special conditions or requirements that are more restrictive than the current development standards related to density, parking standards, setbacks, heights, etc., (pg. 194). HCD finds this to be a constraint to development as stricter requirements can add to costs, timing, and create uncertainty to the approval of a project. As a result, the City must implement Program 1.6 (Development Streamlining), objective g: to review and remove any special conditions from the site development planning process that will impact the density, cost, timing, or certainty of a projects approval by April 2022. • AFFH – Mobility Enhancement: As part of addressing Assembly Bill (AB) 686 (Chapter 958, Statues of 2018) AFFH requirements, jurisdictions must include goals, policies, and a schedule of actions that will have a beneficial impact during the planning period. Specifically, the element identified Program 2.7 (Section 8 Housing Choice Vouchers and Similar Housing Cost Offsets), objective d, and Program 4.3 (Anti-Segregation in Housing Implementation), objective f, as mobility strategies. Implementing these programs is essential to removing barriers to housing in areas of opportunity and strategically enhancing access. • Rezoning: The element includes the rezone program needed to identify adequate sites to accommodate the City’s regional housing need allocation (RHNA) for lower-income households. Program 1.1 (Provide Adequate Sites to Accommodate the RHNA) commits to rezone at least 108 acres with a minimum density of 30 units per acre by April 2024 to accommodate a shortfall capacity of 1,397 units to meet the lower-income RHNA. The program also commits to rezone sufficient capacity to accommodate 327 units for moderate income RHNA. Encinas Creek Apartments: The housing element relies on the pending development of the Encinas Creek Apartments (which is now referenced as 4k Apartments in the applicant’s SB 330 submittal), to accommodate 63 units of the City’s RHNA for lower- income households and 64 units of the City’s RHNA for above-moderate households (pg. B-15). Sites and projects that are being counted towards RHNA must have existing or planned access to infrastructure to ensure development during the planning period. Timely implementation of access to infrastructure, including roads, is critical to ensure the project can be developed within the planning period. April 19, 2022 Item #7 Page 38 of 44 Scott Chadwick, City Manager Page 3 The City must report on progress toward implementing all of the programs identified in the housing element pursuant to Government Code section 65400. Failure to act consistently with the programs noted above, may trigger a review by HCD pursuant to Government Code Section 65585, subdivision (i) and may impact the City’s housing element compliance status. Government Code section 65588, subdivision (e)(4), requires a jurisdiction that failed to adopt its housing element within 120 calendar days from the statutory due date to revise its element every four years until adopting at least two consecutive revisions by the applicable due dates. The City has adopted its housing element before the due date of April 15, 2021, and as such has met the second four-year update requirement. The City is no longer subject to the four-year revision requirements and may resume an eight- year update schedule. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, including as part of the implementation of programs described above, the City must continue to engage the community. Public participation should include a wide range of approaches and participants, including organizations that represent lower-income and special-needs households. The process should make information regularly available while considering and addressing comments where appropriate. For your information, some other elements of the general plan must be updated on or before the next adoption of the housing element. The safety and conservation elements of the general plan must include analysis and policies regarding fire and flood hazard management (Gov. Code, § 65302, subd. (g).). Also, the land-use element must address disadvantaged communities HCD urges the City to consider these timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at: http://opr.ca.gov/docs/SB244_Technical_Advisory.pdf and http://opr.ca.gov/docs/Final_6.26.15.pdf. Please note the City now meets specific requirements for state-funding programs designed to reward local governments for compliance with State Housing Element Law. For example, HCD’s Affordable Housing and Sustainable Communities program and CalTrans’ SB1 grant program consider housing element compliance in their review process. The CalTrans’ SB 1 grant program also considers annual progress report submissions. Please see HCD’s website for specific information about funding programs at http://www.hcd.ca.gov/grants-funding/active-funding/index.shtml and Caltrans’ website at http://www.dot.ca.gov/hq/tpp/grants.html. April 19, 2022 Item #7 Page 39 of 44 Scott Chadwick, City Manager Page 4 HCD appreciates the hard work, cooperation, and diligence the Carlsbad housing element team, including Don Neu, Jeff Murphy, Scott Donnell, Brenna Weatherby, Eric Lardy, and Rick Rust provided. HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Sohab Mehmood, of our staff, at Sohab.Mehmood@hcd.ca.gov. Sincerely, Shannan West Land Use & Planning Unit Chief April 19, 2022 Item #7 Page 40 of 44 Exhibit 10 General Plan and Climate Action Plan Final EIR (EIR 13-02) April 19, 2022 Item #7 Page 41 of 44 Exhibit 11 City Council Resolution 2021-073 and addendum attachment (on file in the Office of the City Clerk) April 19, 2022 Item #7 Page 42 of 44 Revised 07/21 CEQA DETERMINATION OF EXEMPTION Subject: This California Environmental Quality Act (CEQA) Determination of Exemption is in compliance with Carlsbad Municipal Code Section 19.04.060. An appeal to this determination must be filed in writing with the required fee within ten (10) calendar days of the City Planner’s decision consistent with Carlsbad Municipal Code Section 21.54.140. City Planner Decision Date: Feb. 18, 2022 Project Number and Title: ZCA 2022-0001/LCPA 2022-0013 – Housing Element Programs – Building and Zoning Ordinance Update Project Location - Specific: Citywide Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Amendments to the Carlsbad Municipal Code Title 18, the Building Code, and Title 21, The Zoning Ordinance, to implement three program objectives outlined in the city’s Housing Element adopted on April 6, 2021. Amendments include clarification of authority for Affordable Housing Projects, Definition of mixed use, and authorities to accept plans in the building code. Includes Local Coastal Program Amendment for consistency. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: City of Carlsbad, Community Development Department Name of Applicant: Eric Lardy, Principal Planner Applicant’s Address: 1635 Faraday Avenue, Carlsbad, CA 92008 Applicant’s Telephone Number: 442-224-9595 Name of Applicant/Identity of person undertaking the project (if different from the applicant above): N/A Exempt Status: (Check One) Ministerial (Section 21080(b)(1); 15268); Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Categorical Exemption - State type and section number: Statutory Exemptions - State code number: Common Sense Exemption (Section 15061(b)(3)) Criteria for Subsequent EIR (Section 15162 & 15168(c)(2)) Reasons why project is exempt: Pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Section 15168 set the criteria for use of a Program Environmental Impact Report (EIR) for later activities to determine if an additional environmental document must be prepared prepared. Section 15168 (c) (2) directs a Program EIR to utilize the specific process referenced in Sections 15162 through 15164 that forth the criteria for determining the appropriate additional environmental documentation, if any, to be completed when there is a previously adopted Negative Declaration (ND) or a previously certified EIR covering the project for which a subsequent discretionary action is required. Exhibit 12 April 19, 2022 Item #7 Page 43 of 44 □ □ □ □ □ □ ~ Revised 07/21 As part of its approval of the Comprehensive General Plan Update on Sept. 22, 2015, the City Council adopted Resolution 2015-242, certifying EIR 13-02 and adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. EIR 13-02 is available as part of the General Plan Update documents page of the Planning Division at https://www.carlsbadca.gov/services/depts/planning/update/documents.asp Subsequently, on April 6, 2021 the City Council approved an update of the city’s Housing Element for the 6th cycle (2021 – 2029) by Resolution 2021-073, which included an Addendum consistent with Section 15164 of the CEQA Guidelines to study impacts of the Goals, Policies, Programs and Objectives contained in the Housing Element. On July 13, 2021 the California Department of Housing and Community Development found the element to be in substantial compliance with all applicable laws. The Addendum and resolution are available at: 2021-04-06; City Council; Resolution 2021-073 (carlsbadca.gov) The Addendum included an evaluation of the Housing Element Goals, Policies, Programs and Objectives that will be implemented throughout the eight-year housing cycle. Additionally, the Housing Element did not include any changes to Land Uses in the General Plan or Zoning Ordinance. Of the three objectives that are proposed as part of this action, two of which are administrative in nature and will not have any potential for impact to the environment by clarification of the authorities of the Planning Commission to provide only objective standards [Objective 1.6 (G)], and through changing authorities in the Building Code to allow online submittals of plans [Objective 1.6 (F)]. The third objective makes changes to definitions applicable to mixed use in the C-1, C-2 and C-3 zones through implementation of Objective 1.8 (C). The proposed addition of definitions clarifies what is allowed but will not result in any increase in the density or intensity of the maximum residential or commercial use that is allowed through the General Plan. The definition breaks no new legal ground and is within the scope of the of the Addendum. During adoption of the General Plan, EIR 13-02 considered and evaluated all land use impacts for the components of the proposed project, and studied the maximum intensity of commercial and residential allowed on all C-1, C-2 and C-3 zones, and as such the modification and addition of definitions for horizontal and vertical mixed use are consistent with that evaluation. The Addendum evaluated all direct and indirect impacts, in addition to cumulative impacts, that would result from Housing Element implementation. All of the proposed amendments to the Carlsbad Municipal Code all fall under the scope of the Addendum and are internally consistent with other provisions of the code, and the land use regulations and requirements set forth in the city’s General Plan and Local Coastal Program. As these programs were considered in the April 6, 2021 Addendum, there are no cumulative impacts that have not been considered and studied, and there are no unanticipated environmental impacts or changes in circumstances. Additionally, there is no "new information of substantial importance" as that term is used in CEQA Guidelines Section 15162(a)(3) and none of the triggers for a subsequent/supplemental EIR apply. Therefore, the Addendum to the EIR and certified EIR are adequate without modification. On the basis of this analysis, the City Planner has determined that there are no substantial changes proposed in the project and there are no substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. Lead Agency Contact Person: Eric Lardy, Principal Planner Telephone: 442-224-9595 2/18/2022 Mike Strong, Assistant Director of Community Development Date April 19, 2022 Item #7 Page 44 of 44 Eric Lardy, Principal Planner Community Development April 19, 2022 Housing Element Programs: Building and Zoning Ordinance Update {city of Carlsbad TODAY’S PRESENTATION •Overview •Sixth Cycle Housing Element (April 2021) •Summary of Proposed Amendments •Recommendation •Next Steps ITEM 7: HOUSING ELEMENT PROGRAMS { City of Carlsbad OVERVIEW •Implement 3 Housing Element Programs •Amends the Carlsbad Zoning Ordinance and Building Code •Local Coastal Program Amendment ITEM 7: HOUSING ELEMENT PROGRAMS { City of Carlsbad Sixth Cycle Housing Element (2021-2029) ITEM 7: HOUSING ELEMENT PROGRAMS City of Carlsbad: Housing Element Update -OUR HOME OUR FUTURE Very Low and Low-Income RHNA Sites Inventory (ciryof Carlsbad C-23 (cityof Carlsbad Goals Policies Programs Objectives Structure of Housing Element ITEM 7: HOUSING ELEMENT PROGRAMS ooo c3 ( City of Carlsbad Summary of Proposed Amendments ITEM 7: HOUSING ELEMENT PROGRAMSATTACHMENT 2 ll'roposed Amendments to Title 21: The zoning Ordinance Amend the various Zoni1 or revisfo.ns ta existing ti strikeout type fa CE! (i.e. s new text. The proposed provi.s.fon of low or or:diJ A dean-copy of the pro; prese.n ted ta Plonni"'} C S'ECTIION 21.S3 USI 21.53.120 Affordatlle hM A Site DE!Yelapment I 1. Nol:withstand shall be issue 11.m·its er an a1 -1pproved for ;provisions of~ 2. A site dellelo; ,required for a El. Development Stan, 1. The developrr the deYelopr, <\PPlicable sp< by the site de allow less reSl prcwided that of the city, it , coastal zone. c llocal coastal f for the site d ,regu irements 1unlformly ver and !knowable submittal. Th On/inance, G, the State ol Be e.lapFReftt !h a t~e ae , f:er, l3iut are P.E :i Dan,i:t¾'of 1 I!. !;a111,~atilaili e. P·a rtei11g sta1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL Of THE CITY Of CARLSBAD, CALIFORNIA, ADOPTING AMENDMENTS TO THE CARLSBAD M UNICIPAL CODE TITLE 18 (BUILDING CODE) AND TITLE 21 (ZONING ORDINANCE) IMPLEM ENTING CERTAIN HOUSING PROGRAMS REQUIRED UNDER THE 2021-2029 HOUSING ELEMENT Exhibit 1 WHEREAS, on Aug. 6, 2021 the City Council approved the city's Housing Element, and subsequently on July 13, 2021 the California Department of Housing and Community Development found the adopted Housing Element to be in substantial compliance with applicable laws; 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, 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, on March 2, 2022, the Planning Commission held a duly noticed public hearing a, prescribed by law to consider ZCA 2022-0001/ LCPA 2022-0013; and WHEREAS, the Plannin,g Commission adopted Planning Commission Re.solution 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: The above recitations are true and correct. 1. 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 aut horized to accept reports of approved inspection agencies, licensed Engineers, licensed contractors or other qualified individual.s, 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 rea d as follows: Section 109.2 of the California Residential Code is amended to read as follows: April 19, 2022 Item #7 Page 7 of 44 {city of Carlsbad TITLE 21: SECTION 21.53 •Implements Program 1.6 (Objective G) •Clarifies authority related to Site Development Plans •Consistent with state law •Standards must be Objective and published ahead of time ITEM 7: HOUSING ELEMENT PROGRAMS { City of Carlsbad TITLE 21: MIXED USE •Implements Program 1.8 (Objective C) •Defines “Horizontal” and “Vertical” Mixed Use •Applies to three Commercial Zones (C-1, C-2 and C-L) •No change to intensity or any specific property ITEM 7: HOUSING ELEMENT PROGRAMS ~E.SIO!N !AL. { City of Carlsbad TITLE 18: SELF-CERTIFICATION •Implements Program 1.6 (Objective F) •Enables the city to accept self-certification for qualifying projects. •Presented as informational purposes ITEM 7: HOUSING ELEMENT PROGRAMS { City of Carlsbad Next Steps •Continue to implement other programs on schedule •Program 1.1 is the rezoning program ITEM 7: HOUSING ELEMENT PROGRAMS (cityof Carlsbad PUBLIC OUTREACH •Feb. 18: Notice of CEQA Determination •Feb. 25: Local Coastal Program Amendment Notice •March 2: Planning Commission Hearing ITEM 7: HOUSING ELEMENT PROGRAMS { City of Carlsbad PROPOSED ACTION That the City Council: 1.Introduce Amendments to Carlsbad Municipal Code (Building Code and Zoning Ordinance) 2.Adopt a resolution approving Local Coastal Program Amendment ITEM 7: HOUSING ELEMENT PROGRAMS { City of Carlsbad