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HomeMy WebLinkAbout2022-05-10; City Council; ; Adoption of Ordinance No. CS-422 – Amendments to Title 18 and Title 21 of the Carlsbad Municipal Code (ZCA 2022-0001), including Local Coastal Program Amendment (LCPA 202CA Review CKM Meeting Date: May 10, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 442-339-5989 Subject: Adoption of Ordinance No. CS-422 – Amendments to Title 18 and Title 21 of the Carlsbad Municipal Code (ZCA 2022-0001), including Local Coastal Program Amendment (LCPA 2022-0013) Districts: All Recommended Action Adopt Ordinance No. CS-422 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. Executive Summary/Discussion Ordinance No. CS-422 was introduced and first read at the City Council meeting held on April 19, 2022. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat- Patel, the City Council voted 4-0-1, with Council Member Norby absent, to introduce Ordinance No. CS-422. The second reading allows the City Council to adopt the ordinance, which will become effective 30 days after its adoption. In areas inside the Coastal Zone, the ordinance will become effective 30 days after its adoption or upon Coastal Commission approval of the local coastal program amendment, LCPA 2022-0013, whichever occurs later. Fiscal Analysis There is no immediate nor direct fiscal impact from approval of these amendments. Next Steps The City Clerk will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following 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 May 10, 2022 Item #8 Page 1 of 7 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. 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. On the basis of the analysis contained in the notice of intended decision, 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. Public Notification This item 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.Ordinance No. CS-422 May 10, 2022 Item #8 Page 2 of 7 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. 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 se parate 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 ofthis title and shall be based on 25% of the developable area. Unit yield in excess of the minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation preclude the development of at least one dwelling unit in a mixed use development. 2. Residential uses shall be accessory to the primary commercial use of the site. Compliance with this provision shall be evaluated as part of the site development plan. D. Residential uses shall include residential care facilities (serving six or fewer persons), supportive housing, and transitional housing. 8. Carlsbad Municipal Code Section 21.53.120 is amended to read as follows: A. Site Development Plan Requirement. 1. Notwithstanding anything to the contrary in this code, no building permit or other entitlement shall be issued for any multi-family residential development having more than four dwelling units or an affordable housing project of any size unless a site development plan has been approved for the project. The site development plan shall be processed pursuant to the provisions of Chapter 21.06 of this title. 2. A site development plan for a multi-family residential project (not affordable) shall not be required for any project processed pursuant to the provisions of Chapter 21.45 of this title. B. Development Standards. 1. The development (both for multi-family residential and affordable housing) shall be subject to the development standards of the zone in which the development is located and/or any applicable specific or master plan except for affordable housing projects as expressly modified by the site development plan. The site development plan for affordable housi ng 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: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor -t( FAVIOLA MEDINA, City Clerk Services Manager (SEAL)