HomeMy WebLinkAbout2022-07-12; City Council; ; Amendments to the City’s Density Bonus Ordinance and Local Coastal Program (ZCA 2020-0001/ LCPA 2020-0005)CA Review __RK__
Meeting Date: July 12, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jennifer Jesser, Senior Planner
jennifer.jesser@carlsbadca.gov, 442-339-2637
Subject: Amendments to the City’s Density Bonus Ordinance and Local Coastal
Program (ZCA 2020-0001/ LCPA 2020-0005)
District: All
Recommended Action
Hold a public hearing and introduce an ordinance (Exhibit 1) acknowledging receipt of the
California Coastal Commission’s certification of amendments to the Local Coastal Program
(LCPA 2020-0005), including the commission’s suggested modifications to the Zoning Ordinance
and Local Coastal Program, and approving the suggested modifications.
Executive Summary
The City Council adopted Ordinance No. CS-382 on Sept. 1, 2020, to approve certain
amendments to the density bonus regulations in the city’s Zoning Ordinance and Local Coastal
Program to reflect changes in state law. (Exhibits 2 and 3). Density bonus regulations encourage
the development of affordable housing. The amendments to the Local Coastal Program, the
planning document for the state-defined coastal zone of the city, also require the approval of
the California Coastal Commission.
The commission approved the city’s amendments with minor modifications on Feb. 10, 2022.
(Exhibit 4). The city has until Aug. 10, 2022, to accept the suggested modifications.
The commission’s approval of the amendments to the Local Coastal Program (LCPA 2020-0005)
will not become effective until the commission certifies that the city has amended its Local
Coastal Program to include the commission’s suggested modifications.
Discussion
Background
California’s density bonus law (Government Code Section 65915) allows a developer to increase
the density of housing on a property above the maximum limit set by a city’s general plan.
Qualifying applicants can also receive reductions in required development standards such as
setbacks, height limits and parking requirements when such deviations are necessary to achieve
the density allowed under state law. In exchange for a density increase, a developer must
reserve a certain number of the new dwelling units for very low, low, or moderate-income
households, or for other qualifying housing types such as senior housing, for a period of not less
July 12, 2022 Item #13 Page 1 of 39
than 55 years. The requirement for a local density bonus ordinance is stipulated in the state’s
density bonus law:
Section 65915(a)(1): “A city… shall adopt an ordinance that specifies how
compliance with this section will be implemented. Failure to adopt an
ordinance shall not relieve a city… from complying with this section.”
The amendments approved by the City Council in 2020 repealed Chapter 21.86 - Density bonus
housing standards of the Municipal Code, removing language that merely repeated state
mandates and replacing it with an ordinance that instead refers to the state law while
introducing requirements and standards for processing and reviewing applications, as detailed
in the City Council staff report dated Sept. 1, 2020 (Exhibit 3).
After the City Council’s approval of the density bonus amendments, staff submitted the Local
Coastal Program amendment to the Coastal Commission and, on Nov. 19, 2020, the commission
deemed the application “filed,” or accepted. On Feb. 10, 2021, the Commission approved a
one-year extension for consideration of the city’s proposed amendments.
The commission was originally scheduled to consider the Local Coastal Program amendment in
December 2021, with commission staff recommending it be approved as submitted. However,
commission staff received a public comment letter just before the December 2021 commission
meeting regarding concerns about how density bonus projects could be precluded by the
requirements of the Local Coastal Program. (Exhibit 6) City and commission staff agreed to a
one-month postponement to coordinate how to address the public comment.
Coastal Commission’s suggested modifications
The public comment letter received by the Coastal Commission stated that requiring a density
bonus project to comply with all of the requirements of the Local Coastal Program could
preclude the city’s ability to grant incentives, concessions and waivers of development
standards for density bonus projects, as required by state law. City staff agreed and
coordinated with commission staff on a revision to the Local Coastal Program amendment
language that would be consistent with state density bonus law and the Coastal Act. The
suggested modification can be summarized as:
• Adding clarification that incentives, concessions and waivers of development standards
may be granted for density bonus projects provided the project complies with the
coastal resource protection and public access requirements of the Local Coastal
Program rather than all of the technical requirements of the Local Coastal Program.
The suggested modifications to the amendment, LCPA 2020-0005, are reflected in the attached
ordinance (Exhibit 1). A version with suggested modifications highlighted is included with the
commission’s certification letter, Exhibit 6.
Staff recommend approval of the suggested modifications because they will encourage
affordable housing projects while requiring the developer of each project to still evaluate and
avoid adverse impacts to coastal resources within the Coastal Zone, such as visual resources,
public views, sensitive biological resources like wetlands or environmentally sensitive habitat
areas, and public access to the coast.
July 12, 2022 Item #13 Page 2 of 39
If the suggested modifications are accepted, then the entire city will be covered by a single
ordinance that is consistent with state density bonus law. For the area of the city within the
Coastal Zone, if the suggested modifications are not accepted the city’s density bonus
regulations would revert to the previous ordinance and would not be in compliance with state
law.
State law overrules a city’s Zoning Ordinance but implementing density bonuses inside the
Coastal Zone would be difficult and open to challenge from applicants if the city’s ordinance
conflicts with state law.
Fiscal Analysis
There is no anticipated fiscal impact.
Next Steps
Staff present this ordinance for its second reading and the City Council’s approval at the next
City Council meeting. Staff will then submit evidence to the California Coastal Commission that
the suggested modifications were received and acted on by the City Council. At the next
regularly scheduled Coastal Commission hearing, the Executive Director of the Coastal
Commission is to make a determination that the suggested modifications have been
implemented, LCPA 2020-0005 will become effective immediately following that determination.
Environmental Evaluation
The City Planner has determined this project is exempt from the California Environmental
Quality Act consistent with in CEQA Guidelines Section 15265(a)(1), which state that CEQA does
not apply to activities and approvals conducted in accordance with the California Coastal Act
(commencing with Section 30000 of the Public Resources Code) by any local government, as
defined in Section 30109 of the Public Resources Code, that are necessary for the preparation
and adoption of a local coastal program.
Public Notification
This item was noticed in keeping with the state's Ralph M. Brown Act and available for public
viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.City Council ordinance
2.City Council Ordinance No. CS-382
3.Sept. 1, 2020, City Council staff report
4.Feb. 10, 2022, Coastal Commission staff report
5.LCPA 2020-0005 Public comment letter dated Dec. 8, 2021
6.LCPA 2020-0005 Certification letter with suggested modifications, dated Feb. 25, 2022
July 12, 2022 Item #13 Page 3 of 39
ORDINANCE NO. CS-426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL
COMMISSION'S RESOLUTION OF CERTIFICATION INCLUDING SUGGESTED
MODIFICATIONS FOR LCPA 2020-0005, AND APPROVING THE ASSOCIATED
SUGGESTED MODIFICATIONS TO THE ZONING ORDINANCE AND LOCAL
COASTAL PROGRAM
CASE NAME:
CASE NO.:
DENSITY BONUS AMENDMENTS 2020
ZCA 2020-0001/LCPA 2020-0005
WHEREAS, on Sept. 1, 2020, the City Council adopted Ordinance No. CS-382, approving ZCA
2020-0001/LCPA 2020-0005 -Density Bonus Amendments 2020; and
WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local
Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an
amendment to the Local Coastal Program; and
WHEREAS, the California Coastal Act requires Coastal Commission certification of any local
coastal program amendment; and
WHEREAS, on Feb. 10, 2022, the California Coastal Commission approved the city's Local Coastal
Program Amendment (LCPA 2020-0005); and the city received a letter dated Feb. 25, 2022 from the
California Coastal Commission that certifies (resolution of certification) the Coastal Commission's
approval of the city's Local Coastal Program amendment (LCPA 2020-0005), subject to suggested
modifications; and
WHEREAS, the California Coastal Commission's approval of LCPA 2020-0005 will not become
effective until the Commission certifies that the city has amended its Local Coastal Program pursuant
to the Commission's suggested modifications; and
WHEREAS, on July 12, 2022, the City Council held a duly noticed public hearing as prescribed by
law to consider the Coastal Commission's suggested modifications.
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.That Section 21.86.070 of the Carlsbad Municipal Code is amended to read as follows:
Exhibit 1
July 12, 2022 Item #13 Page 4 of 39
21.86.070 Local Coastal Program Consistency.
A.State Density Bonus Law provides that it shall not be construed to supersede or in any way alter
or lessen the effect or application of the California Coastal Act of 1976 (Cal. Public Resources
Code§ 30000 et seq.), and further provides that the granting of a density bonus or an incentive
shall not be interpreted, in and of itself, to require a local coastal plan amendment.
B.Development within the coastal zone that is granted a density bonus, incentive(s), waiver(s),
parking reduction(s), or commercial development bonus shall be consistent with the coastal
resource protection policies, and where applicable, the public access requirements of the
certified Carlsbad Local Coastal Program.
3.
21.86.080
That subsections A and B of Section 21.86.080 of the Carlsbad Municipal Code are
amended to read as follows:
Review Procedures.
A.Eligibility for Density Bonus, lncentive(s), Parking Reduction, and/or Waiver(s) for a Housing
Development. To ensure that an application for a housing development conforms with the
provisions of State Density Bonus Law and the Coastal Act, the staff report presented to the
decision-making body shall state whether the application conforms to the following
requirements of state law as applicable:
1.The housing development provides the affordable units or senior housing required by
State Density Bonus Law to be eligible for the density bonus and any incentives, parking
reduction, or waivers requested, including the replacement of units rented or formerly
rented to very-low and low income households as required by California Government
Code Section 65915, subdivision (c)(3).
2.Any requested incentive will result in identifiable and actual cost reductions to provide
for affordable housing costs or rents; except that, if a mixed-use development is
requested, the application must instead meet all of the requirements of California
Government Code Section 65915, subdivision (k)(2).
3.The development standards for which a waiver is requested would have the effect of
physically precluding the construction of a development at the densities or with the
concessions or incentives permitted by California Government Code Section 65915.
4.The housing development is eligible for any requested parking reductions under
California Government Code Section 65915, subdivision (p).
5.If the density bonus is based all or in part on donation of land, all of the requirements
included in California Government Code Section 65915, subdivision (g) have been met.
6.If the density bonus or incentive is based all or in part on the inclusion of a child care
facility, all of the requirements included in California Government Code Section 65915,
subdivision (h) have been met.
July 12, 2022 Item #13 Page 5 of 39
7.If the density bonus or incentive is based all or in part on the inclusion of affordable units
as part of a condominium conversion, all of the requirements included in California
Government Code Section 65915.5 have been met.
8.If the housing development is in the coastal zone, the development is consistent with
the coastal resource protection policies, and where applicable, the public access
requirements of the certified Carlsbad Local Coastal Program.
B.If a commercial development bonus is requested for a commercial development, the decision
making body shall make a finding that the development complies with all of the requirements
of Subsection 21.86.ll0(C), that the city has approved the partnered housing agreement, and
that the commercial development bonus has been mutually agreed upon by the city and the
commercial developer. If the project is in the coastal zone, the decision-making body shall also
find that the commercial development is consistent with the coastal resource protection
policies, and where applicable, the public access requirements of the certified Carlsbad Local
Coastal Program.
EFFECTIVE DATE: The approval of this ordinance shall not be effective until the Executive Director
of the California Coastal Commission certifies that implementation of LCPA 2020-0005 will be consistent
with the Coastal Commission's approval of LCPA 2020-0005 with suggested modifications.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 12th
day of J.!!!y, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of __, 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)
July 12, 2022 Item #13 Page 6 of 39
ORDINANCE NO. CS-382
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A ZONE CODE AMENDMENT AND A LOCAL
COASTAL PROGRAMAMENDMENTTO UPDATE THE CITY'S DENSITY BONUS
REGULATIONS TO REFLECT CHANGES IN STATE LAW.
CASE NAME:
CASE NO:
DENSITY BONUS AMENDMENTS 2020
ZCA 2020-0001/LCPA 2020-0005
WHEREAS, Sections 65915 -65918 of the California Government Code, known as State Density
Bonus Law, requires a city or county to provide a developer that proposes a housing development within
the jurisdictional boundaries of that city or county with a density bonus and other incentives or
concessions for the production of lower income housing units, or for the donation of land within the
development, if the developer agrees to construct a specified percentage of units for very low income,
low-income, or moderate-income households or qualifying residents and meets other requirements.
WHEREAS, on Oct. 9, 2019, California Governor Gavin Newsom signed Assembly Bill 1763 ("AB
1763") into law, which amended Section 65915 to further encourage and incentivize the application of
State Density Bonus Law; and
WHEREAS, SB 1763 took effect Jan. 1, 2020, and existing provisions of the City of Carlsbad
Municipal Code are inconsistent with the new law provisions; and
WHEREAS, California Government Code Section 65915(a) requires that all cities adopt an
ordinance that specifies how compliance with State Density Bonus Law will be implemented; and
WHEREAS, staff has prepared a Zone Code Amendment ZCA 2020-0001 and Local Coastal
Program Amendment LCPA2020-0005 pursuant to Chapter 21.52 of the Carlsbad Municipal Code,
Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title
14, Division 5.5; and,
WHEREAS, the Carlsbad Zone Code is the implementing ordinance of the Carlsbad Local Coastal
Program, and therefore, an amendment to the Zone Code also constitutes an amendment to the Local
Coastal Program; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program Amendment began on May 15, 2020 and ended on June 26, 2020;
and
Exhibit 2
July 12, 2022 Item #13 Page 7 of 39
WHEREAS, on May 20, 2020, the Airport Land Use Commission reviewed and found the proposed
Zone Code Amendment consistent with the adopted McClellan-Palomar Airport Land Use Compatibility
Plan; and
WHEREAS, on June 17, 2020, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2020-0001/LCPA 2020-0005; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7373
recommending to the City Council that ZCA 2020-0001/LCPA 2020-0005 be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed
by law to consider ZCA 2020-0001/LCPA 2020-0005; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors, including written public
comments, if any, related to ZCA 2020-0001/LCPA 2020-0005; and
NOW THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1. The above recitations are true and correct.
2. The findings of the Planning Commission in Planning Commission Resolution No.
7373 shall also constitute the findings of the City Council.
3. Chapter 21.86 of the Carlsbad Municipal Code is hereby repealed and replaced to
read as follows:
· Chapter 21.86 DENSITY BONUS
21.86.010 Purpose.
The public good is served when there exists in a city, housing which is appropriate for the needs of and
affordable to the public who reside within that city. There is in the City of Carlsbad a need for housing
affordable to various groups, such as lower income, moderate income and senior citizen households.
Therefore, it is in the public interest for the city to promote the construction of such additional housing
through the exercise of its powers and utilization of its resources to facilitate the development of quality
housing affordable for these types of households.
A. It is the purpose of this section to specify how compliance with Government Code Section 65915
et seq. ("State Density Bonus Law") will be implemented, as required by Government Code
Section 65915, subdivision (a).
B. It is the purpose of this section to implement the goals, objectives and policies of the Housing
Element of the city's General Plan.
July 12, 2022 Item #13 Page 8 of 39
C. It is the purpose ofthis section to provide the implementing framework, as it relates to affordable
housing density bonuses, and offer concessions and incentives for eligible housing developments
which are consistent with the city's long-standing commitment to provide for affordable housing.
21.86.020 Definitions.
The definitions found in State Density Bonus_ Li;iw shall apply to the terms contained in this section.
21.86.030 Applicability.
A housing development as defined in State Density Bonus Law shall be eligible for a density bonus and .
other regulatory incentives that are provided by State Density Bonus Law when the applicant seeks and
agrees to provide very-low, low or moderate in~ome housing units, or units intended to serve seniors,
transitional foster youth, disabled veterans, homeless persons, and lower income students in the
threshold amounts specified in State Density Bonus Law. A housing development includes only the
residential component of a mixed-use project. A commercial development as defined in Section
21.86.110 shall be eligible for a commercial development bonus as provided in Section 21.86.110.
The granting of a density bonus, incentive or concession, pursuant to this section, shall not be
interpreted, in and of itself, to require a general plan amendment, development code amendment, zone
change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance
unrelated to development standards.
21.86.040 Application Requirements.
A. Any applicant requesting a density bonus and any incentive(s), waiver(s), parking reductions, or
commercial development bonus provided by State Density Bonus Law shall submit a density
bonus report as described below concurrently with the filing of the planning application for the
first discretionary permit required for the housing development, commercial development, or
mixed-use development. The requests contained in the density bonus report shall be processed
concurrently with the planning application. The applicant shall be informed whether the
application is complete consistent with California Government Code Section 65943.
B. The density bonus report shall include the following minimum information:
1. Requested Density Bonus.
a. Summary table showing the maximum number of dwelling units permitted by the
zoning and general plan excluding any density bonus units, proposed affordable
units by income level, proposed bonus percentage, number of density bonus units
proposed, total number of dwelling units proposed on the site, and resulting
density in units per acre.
July 12, 2022 Item #13 Page 9 of 39
b. A tentative map and/or preliminary site plan, drawn to scale, showing the number
and location of all proposed units, designating the location of proposed affordable
units and density bonus units.
c. The zoning and general plan designations and assessor's parcel number(s) of the
housing development site.
d. A description of all dwelling units existing on the site in the five-year period
preceding the date of submittal of the application and identification of any units
rented in the five-year period. If dwelling units on the site are currently rented,
income and household size of all residents of currently occupied units, if known.
If any dwelling units on the site were rented in the five-year period but are not
currently rented, the income and household size of residents occupying dwelling
units when the site contained the maximum number of dwelling units, if known.
e. Description of any recorded covenant, ordinance, or law applicable to the site that
restricted rents to levels affordable to very-low or lower income households in the
five-year period preceding the date of submittal of the application.
f. If a density bonus is requested for a land donation, the location of the land to be
dedicated, proof of site control, and reasonable documentation that each of the
requirements included in California Government Code Section 65915, subdivision
(g) can be met.
2. Requested Concession(s) or lncentive(s).
In the event an application proposes concessions or incentives for a housing development
pursuant to State Density Bonus Law, the density bonus report shall include the following
minimum information for each incentive requested, shown on a site plan if appropriate:
a. The City's usual development standard and the requested development standard
or regulatory incentive.
b. Except where mixed-use zoning is proposed as a concession or incentive,
reasonable documentation to show that any requested incentive will result in
identifiable and actual cost reductions to provide for affordable housing costs or
rents.
c. If approval of mixed-use zoning is proposed, reasonable documentation that
nonresidential land uses will reduce the cost of the housing development, that the
nonresidential land uses are compatible with the housing development and the
existing or planned development in the area where the proposed housing
development will be located, and that mixed-use zoning will provide for affordable
housing costs or rents.
July 12, 2022 Item #13 Page 10 of 39
3. Requested Waiver(s).
In the event an application proposes waivers of development standards for a housing
development pursuant to State Density Bonus Law, the density bonus report shall include
the following minimum information for each waiver requested on each lot, shown on a
site plan if appropriate:
a. The City's usual development standard and the requested development standard.
b. Reasonable documentation that the development standards for which a waiver is
requested will have the effect of physically precluding the construction of a
development at the densities or with the concessions or incentives permitted by
California Government Code Section 65915.
4. Requested Parking Reduction.
In the event an application proposes a parking reduction for a housing development
pursuant to California Government Code Section 65915, subdivision (p), a table showing
parking required by the zoning regulations, parking proposed under Section 65915,
subdivision (p), and reasonable documentation that the project is eligible for the
requested parking reduction.
5. Child Care Facility.
If a density bonus or incentive is requested for a child care facility in a housing
development, reasonable documentation that all of the requirements included in
California Government Code Section 65915, subdivision (h) can be met.
6. Condominium Conversion.
If a density bonus or incentive is requested for a condominium conversion, reasonable
documentation that all of the requirements included in California Government Code
Section 65915.5 can be met.
7. Commercial Development Bonus.
If a commercial development bonus is requested for a commercial development, the
application shall include the proposed partnered housing agreement and the proposed
commercial development bonus, as defined in Section 21.86.110, and reasonable
documentation that each of the standards included in Subsection 21.86.110(() has been
met.
July 12, 2022 Item #13 Page 11 of 39
8. Fee.
21.86.050
Payment of any fee in an amount set by resolution of the City Council for staff time
necessary to determine compliance of the Density Bonus Plan with State Density Bonus
Law.
Density Bonus. ·
All calculations are rounded up for any fractional numeric value in determining the total number of units
to be granted, including base density and bonus density as well as the resulting number of affordable
units needed for a given density bonus project.
A. If a housing development qualifies for a density bonus under more than one income category, or
additionally as a senior citizen housing development as defined in Chapter 21.84 and State
Density Bonus Law, or as housing intended to serve transitional foster youth, disabled veterans,
homeless persons, or lower income students, the applicant shall identify the categories under
which the density bonus would be associated and granted. Density bonuses from more than one
category can be combined up to the maximum allowed under State Density Bonus law.
B. The density bonus units shall not be included in determining the number of affordable units
required to qualify a housing development for a density bonus pursuant to State Density Bonus
Law.
C. The applicant may elect to accept a lesser percentage of density bonus than the housing
development is entitled to, or no density bonus, but no reduction will be permitted in the
percentages of required affordable units contained in California Government Code Section
65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no housing
development shall be entitled to a density bonus of more than what is authorized under State
Density Bonus Law.
21.86.060 Incentives.
A. Incentives include incentives and concessions as defined in State Density Bonus Law. The number
of incentives that may be requested shall be based upon the number the applicant is entitled to
pursuant to State Density Bonus Law.
B. Nothing in this section requires the prov1s1on of direct financial incentives for the housing
development, including, but not limited to, the provision of financial subsidies, publicly owned
land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may
choose to provide such direct financial incentives.
July 12, 2022 Item #13 Page 12 of 39
21.86.070 Local Coastal Program Consistency.
A. State Density Honus Law provides that it shall not be construed to supersede or in any way alter
or lessen the effect or application of the California Coastal Act of 1976 (Cal. Public Resources
Code § 30000 et seq.), and further provides that the granting of a density bonus or an incentive
shall not be interpreted, in and of itself, to require a local coastal plan amendment.
B. For development within the coastal zone, any requested density bonus, incentive(s), waiver(s),
parking reduction(s), or commercial development bonus shall be consistent with all applicable
requirements of the certified Carlsbad Local Coastal Program, with the exception of density.
21.86.080 Review Procedures.
All requests for density bonuses, incentives, parking reductions, waivers, or commercial development
bonuses shall be considered and acted upon by the approval body with authority to approve the
development within the timelines prescribed by California Government Code Section 65950 et seq., with
right of appeal to the City Council.
A. Eligibility for Density Bonus, lncentive(s), Parking Reduction, and/or Waiver(s) for a Housing
Development. To ensure that an application for a housing development conforms with the
provisions of State Density Bonus Law and the Coastal Act, the staff report presented to the
decision-making body shall state whether the application conforms to the following
requirements of state law as applicable:
1. The housing development provides the affordable units or senior housing required by
State Density Bonus Law to be eligible for the density bonus and any incentives, parking
reduction, or waivers requested, including the replacement of units rented or formerly
rented to very-low and low income households as required by California Government
Code Section 65915, subdivision (c)(3).
2. Any requested incentive will result in identifiable and actual cost reductions to provide
for affordable housing costs or rents; except that, if a mixed-use development is
requested, the application must instead meet all of the requirements of California
Government Code Section 65915, subdivision (k)(2).
3. The development standards for which a waiver is requested would have the effect of
physically precluding the construction of a development at the densities or with the
concessions or incentives permitted by California Government Code Section 65915.
4. The housing development is eligible for any requested parking reductions under California
Government Code Section 65915, subdivision (p).
5. If the density bonus is based all or in part on donation of land, all of the requirements
included in California Government Code Section 65915, subdivision (g) have been met.
July 12, 2022 Item #13 Page 13 of 39
6. If the density bonus or incentive is based all or in part on the inclusion of a child care
facility, all of the requirements included in California Government Code Section 65915,
subdivision (h) have been met.
7. If the density bonus or incentive is based all or in part on the inclusion of affordable units
as part of a condominium conversion, all of the requirements included in California
Government Code Section 65915.5 have been met.
8. If the housing development is in the coastal zone, the requested density bonus and any
requested incentive(s), waiver(s), or parking reduction(s) are consistent with all
applicable requirements of the certified Carlsbad Local Coastal Program, with the
exception of density.
8. If a commercial development bonus is requested for a commercial development, the decision-
making body shall make a finding that the development complies with all of the requirements
of Subsection 21.86.ll0(C), that the city has approved the partnered housing agreement, and
that the commercial development bonus has been mutually agreed upon by the city and the
commercial developer. If the project is in the coastal zone, the decision-making body shall also
find that the commercial development bonus is consistent with all applicable requirements of
the certified Carlsbad Local Coastal Program, with the exception of density.
C. The decision-making body shall grant an incentive requested by the applicant unless it makes a
written finding, based upon substantial evidence, of any of the following:
1. The proposed incentive does not result in identifiable and actual cost reductions to
provide for affordable housing costs, as defined in California Health and Safety Code
Section 50052.5, or for affordable rents, as defined in California Health and Safety Code
Section 50053; or
2. The proposed incentive would be contrary to state or federal law; or
3. The proposed incentive would have a specific, adverse impact upon public health or safety
or the physical environment or on any real property that is listed in the California Register
of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid
the specific adverse impact without rendering the housing development unaffordable to
low and moderate income households. For the purpose of this subsection, specific
adverse impact means a significant, quantifiable, direct, and unavoidable impact1 based
on objective, identified, written public health or safety standards, policies, or conditions
as they existed on the date that the.application for the housing development was deemed
complete.
D. The decision-making body shall grant the waiver of development standards requested by the
applicant unless it makes a written finding, based upon substantial evidence, of any of the
following:
July 12, 2022 Item #13 Page 14 of 39
1. The proposed waiver would be contrary to state or federal law; or
2. The proposed waiver would have an adverse impact on any real property listed in the
California Register of Historic Resources; or
3. The proposed waiver would have a specific, adverse impact upon public health or safety
or the physical environment, and there is no feasible method to satisfactorily mitigate or
avoid the specific adverse impact without rendering the housing development
unaffordable to low and moderate income households. For the purpose of this
subsection, specific adverse impact means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified, written public health or safety
standards, policies, or conditions as they existed on the date that the application for the
housing development was deemed cornplete.
E. If any density bonus, incentive, parking reduction, waiver, or commercial development bonus is
approved pursuant to this chapter, the applicant shall enter into an affordable housing
agreement or senior housing agreement with the city pursuant to Section 21.86.090.
21.86.090 Affordable Housing Agreement and Senior Housing Agreement.
A. Affordable Housing Agreement. Except where a density bonus, incentive, waiver, parking
reduction, or commercial development bonus is provided for a market-rate senior housing
development, the applicant shall enter into an affordable housing agreement with the city, in a
form approved by the city attorney, to be executed by the city manager, to ensure that the
requirements of this section are satisfied. The affordable housing agreement shall guarantee the
affordability of the affordable units for a minimum of 55 years or a longer period of time if
required by the construction or mortgage financing assistance program, mortgage insurance
program, or rental subsidy program; shall identify the type, size and location of each affordable
unit; and shall specify phasing of the affordable units in relation to the market-rate units.
B. Senior Housing Agreement. Where a density bonus, waiver, or parking reduction is provided for
a market-rate senior housing development, the applicant shall enter into a restrictive covenant
with the city, running with the land, in a form approved by the city attorney, to be executed by
the city manager, to require that the housing development be operated as "housing for older
persons" consistent with state and federal fair housing laws.
C. The executed affordable housing agreement or senior housing agreement shall be recorded
against the housing development prior to final or parcel map approval, or, where a map is not
being processed, prior to issuance of building permits for the housing development. The
affordable housing agreement or senior housing agreement shall be binding on all future owners
and successors in interest.
D. The affordable housing agreement shall include, but not be limited to, the following:
1. The number of density bonus dwelling units granted;
July 12, 2022 Item #13 Page 15 of 39
2. The number and type of affordable dwelling units
3. The unit size(s) (square footage) of target dwelling units and the number of bedrooms per
target dwelling unit;
4. The proposed location of the affordable dwelling units;
5. Schedule for production of affordable dwelling units;
6. Incentives or concessions or waivers provided by the city;
7. Where applicable, tenure and conditions governing the initial sale of the affordable units;
8. Where applicable, tenure and conditions establishing rules and procedures for qualifying
tenants, setting rental rates, filling vacancies, and operating and maintaining units for
affordable rental dwelling units
9. Marketing plan; publication and notification of availability of affordable units;
10. Compliance with federal and state laws;
11. Prohibition against discrimination;
12. Indemnification;
13. City's right to inspect units and documents;
14. Remedies.
21.86.100 Design and Quality.
A The city may not issue building permits for more than 50 percent of the market rate units until it
has issued building permits for all of the affordable units, and the city may not approve any final
inspections or certificates of occupancy for more than 50 percent of the market rate units until
it has issued final inspections or certificates of occupancy for all of the affordable units.
B. Affordable units shall be comparable in exterior appearance and overall quality of construction
to market rate units in the same housing development. Interior finishes and amenities may differ
from those provided in the market rate units, but neither the workmanship nor the products may
be of substandard or inferior quality as determined by the city.
C. The number of bedrooms of the affordable units shall at least equal the minimum number of
bedrooms of the market rate units.
21.86.110 Commercial Density Bonus.
A. The following definitions shall apply to Commercial Density Bonus:
July 12, 2022 Item #13 Page 16 of 39
1. "Commercial development" means a development project for nonresidential uses.
2. "Com.mercial development bonus" means a modification of development standards
mutually agreed upon by the city and a commercial developer and provided to a
commercial development eligible for such a bonus under Subsection 21.86.ll0(C).
Examples of a commercial development bonus include an increase in floor area ratio,
increased building height, or reduced parking.
3. "Partnered housing agreement" means an agreement approved by the city between a
commercial developer and a housing developer identifying how the commercial
development will provide housing available at affordable ownership cost or affordable
rent consistent with Subsection 21.86.ll0(C). A partnered housing agreement may
consist ofthe formation of a partnership, limited liability company, corporation, or other
entity recognized by the state in which the commercial developer and the housing
developer are each partners, members, shareholders, or other participants, or a contract
between the commercial developer and the housing developer for the development of
both the commercial development and the housing development.
B. When an applicant proposes to construct a commercial development and has entered into a
partnered housing agreement approved by the city, the city shall grant a commercial
development bonus mutually agreed upon by the developer and the city. The commercial
development bonus shall not include a reduction or waiver of fees imposed on the commercial
development to provide for affordable housing.
C. The requirements for commercial development bonus are as follows, which also be described in
the partnered housing agreement:
1. The housing development shall be located either: (A) on the site of the commercial
development; or (B) on a site within the city that is within one-half mile of a major transit
stop and is located in close proximity to public amenities, including schools and
employment centers.
2. At least 30 percent of the total units in the housing development shall be made available
at affordable ownership cost or affordable rent for low-income households, or at least 15
percent of the total units in the housing development shall be made available at
affordable ownership cost or affordable rent for very low-income households.
3. The commercial developer must agree either to directly build the affordable units; donate
a site consistent with subparagraph 1 above for the affordable units; or make a cash
payment to the housing developer for the affordable units.
D. Any approved partnered housing agreement shall be described in the city's Housing Element
annual report as required by California Government Code Section 65915.7, subdivision (k).
July 12, 2022 Item #13 Page 17 of 39
21.86.120 Interpretation.
If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state
law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent
with State Density Bonus Law.
21.86.130 lnclusionary housing.
All housing development projects are required to provide affordable housing units in accordance with
Chapter 21.85, lnclusionary Housing, of this title. If an applicant seeks to construct affordable housing
to qualify for a density bonus in accordance with the provisions of this chapter, those affordable
dwelling units provided to meet the inclusionary requirement established pursuant to Chapter 21.85 of
this title shall be counted toward satisfying the density bonus requirements of this chapter.
21.86.140 Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, the
remainder of the chapter and the application of the provision to other persons not similarly situated or
to other circumstances shall not be affected. (Ord. CS-102 § CXVI, 2010; Ord. NS-794 § 11, 2006)
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE 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 2020-0005, 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.
July 12, 2022 Item #13 Page 18 of 39
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 1st day
of September, 2020, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad
on the 15th day of September, 2020, by the following vote, to wit:
AVES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
0£~~
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City
(SEAL)
July 12, 2022 Item #13 Page 19 of 39
Exhibit 3
Sept. 1., 2020 City Council Staff Report
(on file in the Office of the City Clerk)
July 12, 2022 Item #13 Page 20 of 39
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SAN DIEGO DISTRICT OFFICE 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4402 VOICE (619) 767-2370 FAX (619) 767-2384
Th13c
Date: January 20, 2022
To: COMMISSIONERS AND INTERESTED PERSONS
From: KARL SCHWING, DEPUTY DIRECTOR, SAN DIEGO COAST DISTRICT
ERIN PRAHLER, DISTRICT SUPERVISOR, SAN DIEGO COAST DISTRICT
CARRIE BOYLE, COASTAL PLANNER, SAN DIEGO COAST DISTRICT
Subject: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR
AMENDMENT NO. LCP-6-CAR-20-0078-2 (Density Bonus Update) for
Commission Meeting of February 9-11, 2022
SYNOPSIS
The subject LCP implementation plan amendment was submitted and filed as complete on November 19, 2020. A one-year time extension was granted on February 10, 2021. As such, the last date for Commission action on this item is February 19, 2022. This
amendment request affects the City’s certified Implementation Plan only.
The subject amendment was originally scheduled for the December 2021 Commission meeting but was postponed at the City’s request in order to incorporate the suggested modifications described below.
The subject request was submitted with LCP Amendment No. LCP-6-CAR-20-0077-2
which relates to accessory dwelling unit regulations and is also scheduled for the February
2022 meeting.
SUMMARY OF AMENDMENT REQUEST
The City of Carlsbad is requesting an amendment to the City’s Zoning Ordinance, part of the certified LCP implementation plan, in order to bring the City’s density bonus regulations
into compliance with state law. Specifically, the proposed amendment would repeal and
replace Chapter 21.86 of the Municipal Code, which implements the state’s density bonus law as found in Government Code Section 65915 and sequence. The subject request was submitted in response to changes made by Assembly Bill (AB) 1763 (Chiu, 2019), which became effective on January 1, 2020. Since the subject amendment request was filed by
Commission staff in November 2020, density bonus law has been further amended by AB
2345 (Gonzalez, 2020), which became effective on January 1, 2021.
Density bonus law allows a developer of a housing project with at least five units to increase density on a property above the maximum set under a city’s local regulations. In
Exhibit 4
July 12, 2022 Item #13 Page 21 of 39
LCPA LCP-6-CAR-20-0078-2 (Density Bonus Update)
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exchange for the density increase, a percentage of the new dwelling units must be
reserved for affordable or other qualifying housing types such as senior housing. The amount of allowable increased density depends on the amount and level of affordable housing provided. The law also allows applicants to receive reductions in required development standards such as setbacks, height limits, and parking requirements in order to make a project with increased density feasible.
The major changes to the Government Code by AB 1763 and AB 2345 include: (1) the
maximum density bonus for mixed income developments was increased from 35% to 50%; (2) housing projects with 100% affordable units are now allowed a density bonus of up to 80%; and (3) for 100% affordable housing developments that are located within a half mile of a major transit stop, there are no restrictions on density, the height may be increased up
to 33 feet or three stories above existing height limits, and there are no parking
requirements.
To avoid having to amend the LCP for technical changes, the City of Carlsbad proposes to cross-reference directly to the applicable Government Code, incorporating by reference the definitions, thresholds, and standards into the certified implementation plan. Density
bonus provisions are amended frequently, and the purpose of the proposed cross-
references is to avoid having to amend provisions that have no impact on coastal resources. As proposed, Chapter 21.86 will detail requirements for the local application and review process.
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending denial of the Implementation Plan (IP) amendment as submitted,
and approval of the amendment as modified in this staff report.
The subject request was originally scheduled for the December 2021 Commission meeting. However, the City requested a postponement after the Commission received public comment asserting that the proposed IP amendment would render future density
bonus projects infeasible. Commission staff worked with City staff to modify the language, and it is Commission staff’s understanding that the City is in agreement with the suggested modifications below.
The Commission may reject IP amendments only if the amendment would be inconsistent with the certified Land Use Plan (LUP) or render the IP inadequate to carry out the LUP.
The primary concerns regarding density bonus requests are the potential impacts to coastal resources associated with the increased density and incentives and concessions granted to promote the inclusion of affordable housing into development proposals.
As proposed by the City, the IP amendment would require any density bonus, incentive, concession, or waiver of development standards to be consistent with all applicable
requirements of the certified LCP, with the exception of density. However, on a site where waiving certain IP standards such as setbacks or height limits would not impact coastal resources or public access, the proposed language could prevent a density bonus project developer from receiving the incentive(s), concession(s), or waiver(s) to which they are entitled. The City of Carlsbad intends to allow deviations from the development standards
in the LCP where such modifications would not impact coastal resources.
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Staff is therefore recommending suggested modifications to clarify that a proposed density
bonus development shall be consistent with the coastal resource protection, and where applicable, the public access requirements of the certified Carlsbad LCP. Consequently, while the density of a development project could be increased beyond the numbers established as part of the underlying land use designations, the proposed development would still have to meet all coastal resource protection and public access standards of the
certified LCP. Therefore, the proposed amendment will encourage affordable housing
projects within the coastal zone while avoiding adverse impacts to community character, visual resources, public views, sensitive biological resources such as wetlands or ESHA, or public access to the coast. In addition, increases in density are not likely to create impacts. The City is well-served by alternate transit, including the downtown Village Area
transit center, Poinsettia transit station, and established bus services, as well as bikeways
and pedestrian routes, such as the Coastal Rail Trail. These existing services and amenities would accommodate smart growth and higher densities while maintaining coastal access opportunities for the broader public.
The amendment proposes to cross-reference the Government Code provisions instead of
listing the detailed density bonus provisions directly in the ordinance. Staff has reviewed
the cross-references, which mainly describe application procedures that have no effect on coastal resources. As described above, the suggested modifications include language ensuring consistency of any proposed density bonus project with the coastal resource and public access protection requirements of the certified LCP, and also require City staff to
describe this consistency in staff reports for project recommendations. Furthermore, the
Coastal Act itself cross-references state density bonus law. Therefore, Chapter 21.86, as modified, would ensure consistency with the LCP and protection of coastal resources and public access.
The appropriate motions and resolutions begin on page 5. The suggested modifications
begin on page 6. The findings for denial of the Implementation Plan Amendment as submitted begin on page 8. The findings for approval of the plan, if modified, begin on page 12.
ADDITIONAL INFORMATION
Further information on the City of Carlsbad LCP Amendment No. LCP-6-CAR-20-0078-2 may be obtained from Carrie Boyle, Coastal Planner, at (619) 767-2370 or SanDiegoCoast@coastal.ca.gov.
July 12, 2022 Item #13 Page 23 of 39
LCPA LCP-6-CAR-20-0078-2 (Density Bonus Update)
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TABLE OF CONTENTS
I. OVERVIEW ................................................................................................ 5
A. LCP HISTORY .................................................................................................... 5 B. STANDARD OF REVIEW .................................................................................... 5 C. PUBLIC PARTICIPATION ................................................................................... 5
II. MOTIONS AND RESOLUTIONS ............................................................... 5
III. SUGGESTED MODIFICATIONS ............................................................... 7
IV. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD
IMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED ................... 8
A. AMENDMENT DESCRIPTION ............................................................................ 8 B. SUMMARY FINDINGS FOR REJECTION .......................................................... 8
C. SPECIFIC FINDINGS FOR REJECTIONS .......................................................... 8
V. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD
IMPLEMENTATION PLAN AMENDMENT, IF MODIFIED ...................... 12
VI. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) ............................................................................................ 12
EXHIBITS
Exhibit 1 – Ordinance
July 12, 2022 Item #13 Page 24 of 39
LCPA LCP-6-CAR-20-0078-2 (Density Bonus Update)
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I. OVERVIEW
A. LCP HISTORY The City of Carlsbad’s certified LCP contains six geographic segments as follows: Agua
Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos
Lagoon/Hunt Properties, and Village-Barrio. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and II segments in 1980 and 1981, respectively. The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985. The East Batiquitos
Lagoon/Hunt Properties segment was certified in 1988. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. The Village LCP segment was expanded and renamed the Village-Barrio in 2019. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all segments except Agua Hedionda. The Agua Hedionda
Lagoon LCP segment is a deferred certification area until an implementation plan for that segment is certified. This amendment modifies the City’s Implementation Plan (IP) for the other five segments.
B. STANDARD OF REVIEW
Pursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning ordinances or other implementing actions, as well as their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. The Commission shall take action by a majority vote of the Commissioners
present.
C. PUBLIC PARTICIPATION The City has held Planning Commission and City Council meetings with regard to the subject amendment request. All of those local hearings were duly noticed to the public.
Notice of the subject amendment has been distributed to all known interested parties.
II. MOTIONS AND RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following resolutions and findings. The appropriate motion to introduce the resolution and a staff recommendation are provided just prior to each resolution.
1. MOTION:
I move that the Commission reject the Implementation Program Amendment No.
LCP-6-CAR-20-0078-2 for the City of Carlsbad as submitted.
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STAFF RECOMMENDATION OF REJECTION:
Staff recommends a YES vote. Passage of this motion will result in rejection of Implementation Program and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.
RESOLUTION TO DENY CERTIFICATION OF THE IMPLEMENTATION PROGRAM
AMENDMENT AS SUBMITTED:
The Commission hereby denies certification of the Implementation Program
Amendment submitted for the City of Carlsbad and adopts the findings set forth below on grounds that the Implementation Program as submitted does not conform with, and is inadequate to carry out, the provisions of the certified Land Use Plans. Certification of the Implementation Program would not meet the requirements of the
California Environmental Quality Act as there are feasible alternatives and
mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the Implementation Program as submitted.
2. MOTION:
I move that the Commission certify the Implementation Program Amendment No. LCP-6-CAR-20-0078-2 if it is modified as suggested in this staff report.
STAFF RECOMMENDATION:
Staff recommends a YES vote. Passage of this motion will result in certification of the
Implementation Program Amendment with suggested modifications and the adoption of the
following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.
RESOLUTION TO CERTIFY THE IMPLEMENTATION PROGRAM AMENDMENT WITH
SUGGESTED MODIFICATIONS:
The Commission hereby certifies the Implementation Program Amendment for the City of Carlsbad if modified as suggested and adopts the findings set forth below on grounds that the Implementation Program Amendment, with the suggested modifications, conforms with and is adequate to carry out the certified Land Use Plans. Certification of the Implementation Program Amendment if modified as suggested complies with the California
Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the Implementation Program Amendment on the environment, or 2) there are no further feasible alternatives and mitigation measures that would substantially lessen any significant adverse impacts on the environment.
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III. SUGGESTED MODIFICATIONS
Staff recommends the following suggested revisions to the proposed Implementation Plan be adopted. The underlined sections represent language that the Commission suggests be added, and the struck-out sections represent language which the Commission suggests be
deleted from the language as originally submitted.
1. Section 21.86.070 Local Coastal Program Consistency
A. State Density Bonus Law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of
1976 (Cal. Public Resources Code § 30000 et seq.), and further provides that the granting of a density bonus or an incentive shall not be interpreted, in and of itself, to require a local coastal plan amendment.
B. For dDevelopment within the coastal zone, any requested that is granted a density bonus, incentive(s), waiver(s), parking reduction(s), or commercial
development bonus shall be consistent with all applicable the coastal resource protection policies, and where applicable, the public access requirements of the certified Carlsbad Local Coastal Program, with the exception of density.
2. Section 21.86.080 Review Procedures
[. . .]
A. Eligibility for Density Bonus, Incentive(s), Parking Reduction, and/or Waiver(s)
for a Housing Development. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law and the Coastal Act, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of state law as
applicable:
1. through 7. [no change in text]
8. If the housing development is in the coastal zone, the development requested density bonus and any requested incentive(s), waiver(s), or parking reduction(s) are is consistent with all applicable the coastal
resource protection policies, and where applicable, the public access requirements of the certified Carlsbad Local Coastal Program, with the exception of density.
B. If a commercial development bonus is requested for a commercial development, the decision-making body shall make a finding that the development complies
with all of the requirements of Subsection 21.86.110(C), that the city has
approved the partnered housing agreement, and that the commercial development bonus has been mutually agreed upon by the city and the commercial developer. If the project is in the coastal zone, the decision-making body shall also find that the commercial development bonus is consistent with all
applicable the coastal resource protection policies, and where applicable, the
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public access requirements of the certified Carlsbad Local Coastal Program,
with the exception of density.
IV. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD
IMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED
A. AMENDMENT DESCRIPTION
The City of Carlsbad proposes to repeal and replace Chapter 21.86 of its Zoning Ordinance (Municipal Code), part of the certified IP, to make the City’s regulation of density bonuses consistent with recent changes in state law. The proposed revisions will incorporate by reference the definitions, thresholds, and standards in Government Code Section 65915 and sequence and will detail application requirements and the review
process for projects proposing affordable housing units in exchange for increased density
and various incentives, waivers, and concessions.
B. SUMMARY FINDINGS FOR REJECTION
The Commission is tasked with encouraging affordable housing while ensuring that coastal
resources and public access are protected. The City’s proposed language could discourage affordable housing in the coastal zone by requiring density bonus projects to comply with all technical requirements of the IP, even if those requirements do not protect coastal resources or public access at a particular site.
C. SPECIFIC FINDINGS FOR REJECTIONS The standard of review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP.
a) Purpose and Intent of the Ordinance. As described in Section 21.86.010 of the proposed IP, the purpose and intent of the City’s density bonus regulations are to promote the construction and facilitate the development of affordable housing. The ordinance implements the state density bonus law and the Housing Element of the City’s General Plan.
b) Major Provisions of the Ordinance. The ordinance repeals and replaces Chapter 21.86. These revisions are proposed in response to changes made by Assembly Bill (AB) 1763, which became effective on January 1, 2020. Since the subject amendment request was filed by Commission staff in November 2020, the density bonus law has been further amended by AB 2345, which became effective on January 1, 2021. The major changes to
the Government Code from AB 1763 and AB 2345 include: (1) the maximum density bonus for mixed income developments was increased from 35% to 50%; (2) housing projects with 100% affordable units are now allowed a density bonus of up to 80%; and (3) for 100% affordable housing developments that are located within a half mile of a major transit stop, there are no restrictions on density, the height may be increased up to 33 feet
or three stories above existing height limits, and there are no parking requirements.
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The major changes in the proposed Chapter 21.86 (Density Bonus) include the following:
• Section 21.86.20 replaces various definitions (e.g., “public transit”) with a reference to the definitions in the Government Code.
• Sections 21.86.30 and 21.86.060 replace the density bonus eligibility standards,
requirements, and allowances with references to the Government Code.
• Section 21.86.040 details the application requirements for requests for a density bonus and any incentive(s), waiver(s), parking reduction, child care facility, condominium conversion, or commercial development bonus allowed by the
Government Code.
• Section 21.86.070 maintains the existing language providing that density law provisions shall not be construed to supersede or in any way lessen the effect of application of the Coastal Act. It further clarifies that, for development within the
coastal zone, any requested density bonus, incentive(s), waiver(s), parking
reduction(s), or commercial development bonus shall be consistent with all applicable requirements of the certified LCP, with the exception of density.
• Section 21.86.080 provides review procedures as well as standards for denying a
requested incentive or waiver. To ensure that an application conforms with the
provisions of the Government Code and the Coastal Act, the staff report shall state, among other requirements, whether the application is consistent with all applicable requirements of the certified LCP, with the exception of density.
c) Adequacy of the Ordinance to Implement the Certified LUP Segments. As noted
above, the standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions of the certified LUP. The most applicable LUP policies are as follows:
Habitat Management Plan
Policy 7-1 Environmentally Sensitive Habitat Areas (ESHA) states:
Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive
habitat areas, as defined in Section 30107.5 of the Coastal Act, shall be protected against any significant disruption of habitat values, and only uses dependent upon those resources shall be allowed within those areas.
Policy 7-8 No Net Loss of Habitat states, in relevant part:
There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland, and Oak Woodland within the Coastal Zone of Carlsbad.
Policy 7-11 Buffers and Fuel Modification Zones states, in relevant part:
Buffers shall be provided between all preserved habitat areas and development. Minimum buffer areas shall be provided as follows:
a. 100 ft. for wetlands
b. 50 ft. for riparian areas
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c. 20 ft. for all other native habitats (coastal sage scrub, southern maritime
chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland). The City of Carlsbad’s certified Mello I and Mello II LUPs also include the above-cited language of Policies 7-1, 7-8, and 7-11.
Mello II
Policy 1-1 Allowable Land Uses states: Allowable uses are those that are consistent with both the General Plan and the
Local Coastal Program.
Policy 7-10 Parking states: Parking standards set forth within the City of Carlsbad Zoning Ordinance are appropriate for the future development of various land uses.
Policy 8-1 Site Development Review states: The Scenic Preservation Overlay Zone should be applied where necessary throughout the Carlsbad coastal zone to assure the maintenance of existing views and panoramas. Sites considered for development should undergo individual review
to determine if the proposed development will obstruct views or otherwise damage
the visual beauty of the area. The Planning Commission should enforce appropriate height limitations and see-through construction, as well as minimize any alterations to topography.
The City of Carlsbad’s certified Mello I LUP also includes the above-cited language of
Policy 7-10. East Batiquitos Lagoon
Policy 3 Environmentally Sensitive Habitats states, in relevant part:
The environmentally sensitive habitats (wetlands, riparian areas, and areas greater
than 25% slope) shall be preserved as open space with the following additional requirements: […]
Policy 6 Scenic and Visual Qualities states, in relevant part:
The scenic and visual qualities of the area are of great value to the region. Again, the focal point for these qualities is Batiquitos Lagoon. The viewshed to the lagoon
and from the lagoon shoreline are important resources. Many of the requirements previously established by this document address visual quality components [...]
Analysis
The Coastal Act requires the Commission to encourage affordable housing and recognizes its importance (Pub. Resources Code, § 30604(f), (g)). Furthermore, the consideration of
residential permits may directly address environmental justice issues (§ 30604(h)). More
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broadly, the encouragement of affordable housing helps maximize public access to the
coast (§§ 30001.5(c), 30210). The Government Code also preserves affordable housing in the coastal zone and requires new housing developments to provide affordable housing where feasible (§ 65590 et seq.).
However, the offering of density bonuses to applicants is tempered by the policies of the Coastal Act and relevant LCP provisions. The Government Code directly cites the Coastal
Act in that density bonus provisions may not supersede or lessen the “effect or application
of the Coastal Act.” (§ 65852.2(l)). The Coastal Act, for its part, allows a limit on the density bonus with findings that the density proposed “cannot feasibly be accommodated on the site in a manner that is in conformity with Chapter 3… or the certified local coastal program” (§ 30604(f)). In short, the Coastal Act and the Government Code work together
to encourage the Commission to approve an increase in density for affordable housing
when such housing can be accommodated in a manner otherwise consistent with the resource protection policies of the Coastal Act and the local government’s certified LCP. In previous LCP submittals regarding density bonus, staff has proposed modifications to further provide notice to applicants of these requirements, including the LCP for the City of
Carlsbad (e.g., City of Carlsbad LCPA No. 1-06D (2008); City of Carlsbad LCPA 2-09 Part
1 (2010); City of Santa Cruz LCPA No. 1-06 Part 3 (2009)). The Carlsbad LCP protects important coastal resources such as habitat, wetlands, riparian areas, views, and provides that parking requirements be compatible with uses. The
primary concerns regarding density bonus requests are the potential impacts to coastal
resources associated with the increased density and incentives and concessions granted to promote the inclusion of affordable housing into development proposals. For example, coastal resource concerns can occur when the granting of increased density would facilitate a structure that could impact public views (such as high-rise buildings) or permit a
development that could adversely affect public access (congestion or traffic due to a higher intensity type of project). In addition, incentives, concessions, waivers, or reductions in development standards could also result in adverse impacts to coastal resources. When incentives, concessions, or deviations are granted to new development adjacent to wetlands or environmentally sensitive habitat areas (ESHA), there is the possibility that
development could encroach into the sensitive habitat or result in a reduced biological buffer. If waivers were provided to the required height limit, coastal views may be impacted. If parking reductions were granted, potential impacts to public access could occur. The recent amendments (AB 1763 and AB 2345) will facilitate construction of projects with increased density, height, and in some cases, the allowance of no additional
parking requirements, that would have potential to adversely impact coastal resources.
It is therefore important that the City’s density bonus regulations explicitly require density bonus projects to comply with the LCP policies that protect coastal resources and public
access. However, as originally proposed by the City, Chapter 21.86 would require any
project seeking a density bonus to be consistent with all applicable requirements of the certified LCP. This requirement could render density bonus projects infeasible by requiring a project to comply with all development standards, even when those standards don’t protect coastal resources or public access at a particular site. For example, a proposed
density bonus project might request a waiver of the IP’s setback standards in order to
accommodate the proposed housing. Even if the City found that the reduced setbacks at a particular site would not impact coastal resources such as habitat, geologic stability, or
July 12, 2022 Item #13 Page 31 of 39
LCPA LCP-6-CAR-20-0078-2 (Density Bonus Update)
12
public views, the proposed amendment would prevent the City from approving the housing
development because it would be inconsistent with the IP’s setback requirements. Thus, the proposed language could have the unintended consequence of discouraging affordable housing in the coastal zone.
V. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD
IMPLEMENTATION PLAN AMENDMENT, IF MODIFIED
The suggested modifications would clarify that a density bonus project shall be consistent
with the coastal resource protection and, if applicable, the public access requirements of the LCP. Additionally, the City staff report presented to the decision-making body will be required to find, among other requirements, that the housing development is consistent with these specific requirements of the certified LCP. Commission staff therefore expects that future density bonus projects will be thoroughly analyzed by the City for consistency
with the coastal resource and public access protection policies in the LCP, and any
approvals will be based on substantial evidence of this LCP consistency as described in City staff reports. Through the inclusion of this requirement, any density bonus or affordable housing project will not be approved if the development includes significant coastal resource impacts similar to those described above. Thus, the modified language
will enable density bonus projects to be implemented in the coastal zone while avoiding
impacts to coastal resources and public access.
The proposed amendments cross-reference sections in the Government Code that, for the most part, describe application requirements for the developer proposing a density bonus project. The Government Code provisions are largely procedural and do not affect coastal
resources. Furthermore, the Coastal Act itself cross-references the density bonus
provisions in the Government Code. While the Commission does not typically authorize language that would automatically incorporate changes into an LCP without an LCP amendment, in this limited circumstance, staff recommends certification of the cross-references as well as the overall amendment as modified. Additionally, as discussed
above, the Coastal Act, the Government Code, and particular LCP provisions work in
tandem to ensure a density bonus project avoids impacts to coastal resources.
VI. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
Section 21080.9 of the California Environmental Quality Act (CEQA) exempts local government from the requirement of preparing an environmental impact report (EIR) in
connection with its local coastal program. The Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP submission.
The City determined that the subject LCP amendment is exempt from environmental
review pursuant to CEQA Section 15061(b)(3) [no potential for causing a significant effect
on the environment]. Nevertheless, the Commission is required in an LCP submittal or, as in this case, an LCP amendment submittal, to find that the LCP, or LCP, as amended,
July 12, 2022 Item #13 Page 32 of 39
LCPA LCP-6-CAR-20-0078-2 (Density Bonus Update)
13
does conform with CEQA provisions. In this particular case, the LCP amendment as
proposed will not have any significant adverse effects on the environment and no significant coastal resource impacts are anticipated. The proposed amendment specifies how the City will comply with and implement state law governing density bonuses. Any proposed non-exempt development seeking a density bonus of any kind within the coastal zone would still need to acquire a coastal development permit and such development
would need to comply with all resource protection measures, including, but not limited to,
buffers from sensitive habitats and wetlands and geological setbacks. Therefore, the Commission finds that the subject IP as proposed conforms to CEQA.
July 12, 2022 Item #13 Page 33 of 39
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SAN DIEGO DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
VOICE (619) 767-2370
FAX (619) 767-2384 F17c
LCP-6-CAR-20-0078-2 (DENSITY BONUS UPDATE)
DECEMBER 17, 2021
CORRESPONDENCE
EXHIBIT 5
July 12, 2022 Item #13 Page 34 of 39
Public Comment on December 2021 Agenda Item Friday 17c - City of Carlsbad LCP
Amendment No. LCP-6-CAR-20-0078-2 (Density Bonus Update)
Christopher Pederson <cpedersonlaw@gmail.com>
Wed 12/8/2021 12:41 PM
To: SanDiegoCoast@Coastal <SanDiegoCoast@coastal.ca.gov>
Cc: Ainsworth, John@Coastal <John.Ainsworth@coastal.ca.gov>; Schwing, Karl@Coastal <Karl.Schwing@coastal.ca.gov>;
Prahler, Erin@Coastal <Erin.Prahler@coastal.ca.gov>; Boyle, Carrie@Coastal <carrie.boyle@coastal.ca.gov>; Warren,
Louise@Coastal <Louise.Warren@coastal.ca.gov>
Dear Chair Padilla and Commissioners:
The Commission should reject the City of Carlsbad density bonus LCP amendment as submitted and
certify it with a suggested modification allowing the approval of incentives and concessions for density
bonus projects so long as they are consistent with Carlsbad’s certified LUP.
As submitted, the City’s proposed LCP amendment requires any incentives or concessions for density
bonus projects to be fully consistent with all the technical requirements of the LCP regardless of whether
those technical requirements as applied to a particular project are necessary for the protection of coastal
resources or to ensure compliance with the certified LUP. Thus, for example, a density bonus project
could not request exceptions from certified implementation program (“IP”) requirements regarding
setbacks or height even if the project would not impair any coastal views and have no effect on sensitive
habitat or coastal bluffs.
By prohibiting exceptions to technical requirements in the IP even when they are unnecessary to protect
coastal resources or to ensure compliance with the LUP, the LCP amendment is likely to render projects
that include affordable housing infeasible. This is incompatible with the Coastal Act mandate to
encourage housing opportunities for low and moderate income persons. (Pub. Resources Code, §
30604(f).)
The Commission can fulfill its obligation to encourage affordable housing while also protecting coastal
resources by adopting a suggested modification that would allow incentives and concessions for density
bonus projects so long as they comply with the certified LUP. By facilitating more affordable housing in
the coastal zone, this would also advance Coastal Act policies to maximize public access for all and to
promote environmental justice. (See Pub. Resources Code, §§ 30013, 30210, 30604(h).)
The Commission should also encourage local governments that are considering density bonus LCP
amendments in the future to propose combined LUP and IP amendments. This would allow maximum
flexibility for the approval of density bonuses, incentives, and concessions while also ensuring full
compliance with the Chapter 3 policies of the Coastal Act.
Thank you for your consideration of my comments.
Sincerely,
Christopher Pederson
July 12, 2022 Item #13 Page 35 of 39
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SAN DIEGO DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
VOICE (619) 767-2370 FAX (619) 767-2384
February 25, 2022
Corey Funk
City of Carlsbad
Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Certification of City of Carlsbad LCP Amendment No. LCP-6-CAR-20-0078-2
Dear Mr. Funk:
On February 20, 2022, the California Coastal Commission approved the above referenced
amendment to the City of Carlsbad Local Coastal Program (LCP). The amendment
involves revisions to the City’s Zoning Ordinance to make the City’s regulation of density
bonuses consistent with recent changes in state law.
The Commission approved the LCP amendment with suggested modifications that clarify
that a proposed density bonus development shall be consistent with the coastal resource
protection, and where applicable, the public access requirements of the certified Carlsbad
LCP. The attached modifications contain the specific changes adopted by the Coastal
Commission.
Before the amendment request can become effectively certified, the Executive Director
must determine that implementation of the approved amendment will be consistent with
the Commission’s certification order. This is necessary because the amendment was
certified with suggested modifications.
In order for the Executive Director to make this determination, the local government must
formally acknowledge receipt of the Commission’s resolution of certification, including any
terms or suggested modifications; and take any formal action which is required to satisfy
them, such as revised plan policies, rezonings or other ordinance revisions. This
certification must also include production of new LCP Implementation Plan Chapter 21.86
demonstrating that the amendment, as approved by the Commission and accepted by the
City, will be incorporated into the City’s certified Local Coastal Program immediately upon
concurrence by the Commission of the Executive Director’s determination. The local
government’s action must be completely consistent with the Commission’s certification
order; if you are considering any change from what is presented in the attached suggested
modifications, you should contact this office immediately.
EXHIBIT 6
July 12, 2022 Item #13 Page 36 of 39
February 25, 2022
Page 2
2
The Commission’s certification order remains valid for six months from the date of its
action; therefore, it is necessary for the City of Carlsbad to take the necessary steps within
six months. If you believe that the City of Carlsbad will need additional time, you may
request up to a one-year time extension but such an extension must be granted by the
Coastal Commission at a subsequent hearing. As soon as the necessary documentation
is received in this office and accepted, the Executive Director will report his/her
determination to the Commission at its next regularly scheduled public hearing. If you
have any questions about the Commission’s action or this final certification procedure,
please contact our office. Thank you and the other staff members who worked on this
planning effort. We remain available to assist you and your staff in any way possible to
continue the successful implementation of the local coastal program.
Sincerely,
For:
Diana Lilly
Coastal Program Manager
July 12, 2022 Item #13 Page 37 of 39
February 25, 2022
Page 3
3
CITY OF CARLSBAD LCP AMENDMENT NO. LCP-6-CAR-20-0077-2
DENSITY BONUS UPDATE
SUGGESTED MODIFICATIONS ADOPTED BY COASTAL COMMISSION
(ON FEBRUARY 10, 2022)
1. Section 21.86.070 Local Coastal Program Consistency
A. State Density Bonus Law provides that it shall not be construed to supersede or
in any way alter or lessen the effect or application of the California Coastal Act of
1976 (Cal. Public Resources Code § 30000 et seq.), and further provides that
the granting of a density bonus or an incentive shall not be interpreted, in and of
itself, to require a local coastal plan amendment.
B. For dDevelopment within the coastal zone, any requested that is granted a
density bonus, incentive(s), waiver(s), parking reduction(s), or commercial
development bonus shall be consistent with all applicable the coastal resource
protection policies, and where applicable, the public access requirements of the
certified Carlsbad Local Coastal Program, with the exception of density.
2. Section 21.86.080 Review Procedures
[. . .]
A. Eligibility for Density Bonus, Incentive(s), Parking Reduction, and/or Waiver(s)
for a Housing Development. To ensure that an application for a housing
development conforms with the provisions of State Density Bonus Law and the
Coastal Act, the staff report presented to the decision-making body shall state
whether the application conforms to the following requirements of state law as
applicable:
1. through 7. [no change in text]
8. If the housing development is in the coastal zone, the development
requested density bonus and any requested incentive(s), waiver(s), or
parking reduction(s) are is consistent with all applicable the coastal
resource protection policies, and where applicable, the public access
requirements of the certified Carlsbad Local Coastal Program, with the
exception of density.
B. If a commercial development bonus is requested for a commercial development,
the decision-making body shall make a finding that the development complies
with all of the requirements of Subsection 21.86.110(C), that the city has
approved the partnered housing agreement, and that the commercial
development bonus has been mutually agreed upon by the city and the
commercial developer. If the project is in the coastal zone, the decision-making
body shall also find that the commercial development bonus is consistent with all
applicable the coastal resource protection policies, and where applicable, the
July 12, 2022 Item #13 Page 38 of 39
February 25, 2022
Page 4
4
public access requirements of the certified Carlsbad Local Coastal Program,
with the exception of density.
July 12, 2022 Item #13 Page 39 of 39
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING: ~ /;4-,,jdQ d).{A
SUBJECT: kkns~ C>uoo S, a vr,su,c{). :)o2fl
LOCATION: B'i200 Carlsbad Village Drive, Carlsbad, CA 92008
D Other: ------------------
DATE POSTED TO CITY WEBSITE {,pf 3o/ ~ .;2_a
DATE NOTICES MAILED TO PROPERTY OWNERS: l..o/-:}s:)/'J.o~
NUMBER MAILED: tf(p
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: @C,TY CLERK'S OFFICE □OTHER _______ _
,_j ~ --1.12/snl@:JQ
Signature Date
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _
CJ/' Coast News on l,d[J.5?/~
PUBLICATION DATE: Union Tribune --------------
Coast News __ -')__,_.._/....,J /'"""""'d-E?~"---'-""~ ..... ;l-<~-----
1 declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: ~TY CLERK'S OFFICE □ OTHER _______ _
Signature
(_p(J7/ :Jo~
Date
Attachments: 1) Mailing Labels
2) Notice w/ attachments
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City
of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad,
California, at 5 p.m. on Tuesday, July 12, 2022, to consider approving amendments to the city's Density
Bonus Ordinance {ZCA 2020-0001/ LCPA 2020-0005), and more particularly described as:
Introduction of an ordinance acknowledging receipt of the California Coastal
Commission's resolution of certification of amendments to the Local Coastal Program
{LCPA 2020-0005), including the commission's suggested modificati.ons to the Zoning
Ordinance and Local Coastal Program.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies
of the staff report will be available by Friday, July 8, 2022. If you have any questions, please contact Eric
Lardy in the Planning Division at {442)339-2712 or eric.lardy@carlsbadca.gov. The meeting can be viewed
online at https://www.carlsbadca.gov/city-hall/meetings-agendas or on the City's cable channel. In
addition, written comments may be submitted to the City Council at or prior to the hearing via U.S. Mail
to the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or via er.nail
to clerk@carlsbadca.gov.
If you challenge the amendments to the Zoning Ordinance and Local Coastal Program in court, you may
be limited to raising only those issues you or someone else raised at the public hearing described in this
notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, and at or prior to the public hearing.
CASE FILE: ZCA 2020-0001/ LCPA 2020-0005
CASE NAME: Density Bonus Amendments 2020
PUBLISH: July 1, 2022
CITY OF CARLSBAD
CITY COUNCIL
AVERY 5160. :
AXELSON & CORN ATTORNEYS ATLAW
SUITE 201
160 CHESTERFIELD DRIVE
ENCINITAS CA 92007
CA COASTAL COMMISSION
7575 METROPOLITAN DRIVE
STE.103
SAN DIEGO, CA 92108
CHANNEL ISLANDS NATL PARK
SUPERINTENDENT'S OFFICE
1901SPINNAKER DRIVE
VENTURA CA 93001
COUNTY OF SD SUPERVISOR
ROOM 335
1600 PACIFIC
SAN DIEGO CA 92101
DEPT OF HOUSING & URBAN DEV REGION
IX
ENVIRONMENTAL OFFICER
300 North Los Angeles Street Suite 40541
LOS ANGELES CA 90012 I
WATER RESOURCES CONTROL BOARD
PO BOX 100
SACRAMENTO CA 95801
EDWIN ROMERO,CHAIRPERSON
1095 BARONA ROAD
LAKESIDE CA92040
SD COUNTY PLANNING &LAND USE DEPT
SUITE 310
5510 OVERLAND AVENUE
SAN DIEGO CA 92123-1239
US ARMY CORPS OFENGINEER
SUITE 1101
915 WILSHIRE BOULEVARD
LOS ANGELES CA 90017
U.S. BUREAU OF RECLAMATION
SOUTHERN CALIFORNIA AREA OFFICE ($CAO)
SUITE A
27226VIAINDUSTRIA
TEMECULA CA 92590
I
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BUREAU OF INDIAN AFFAIRS
2800 COTTAGE WAY
SACRAMENTO CA 95825
CADEPTOFFISH & WILDLIFE
ATTN CHRISTINE BECK
3883 RUFFIN ROAD
SAN DIEGO CA92123
CITY OF ENCINITAS
505 S VULCAN AVENUE
ENCINITAS CA 92024
DEPT OF FOOD & AGRICULTURE
AGRICULTURAL RESOURCES
ROOM 100
1220 N STREET
SACRAMENTO CA 95814
DEPT OF JUSTICE
DEPT OF A TTY GEN
SUITE 1800
600 WEST BROADWAY
SAN DIEGO CA 92101
MARINE RESOURCES REG DR & G ENV
SERVICES $PR
SUITE J
4665 LAMPSON AVENUE
LOS ALAMITOS CA 90720-5139
SAN FRANCISCO BAY CONSERV & DEV
COM
375 BEALE STREET SUITE 510
SAN FRANCISCO CA 94105-2177
SDGE
83 15 CENTURY PARK COURT
SAN DIEGO CA 92123
USARMY CORPS OF ENG INEERS
REGULATORY DIVISION
SUITE 100
5900 LA PLACE COURT
CARLSBAD CA 92008
US FISH & WILDLIFE SERVICES
2800 COTTAGE WAY
SUITE W -2605
SACRAMENTO CA 95825
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BUSINESS, TRANS& HSGAGENCY
UNIT#3508
915 CAPITOL MALL
SACRAMENTO CA 95814-4801
CA DEPT OF TRANSPORTATION DISTRICT 11
DIVISION OF PLANNING/DEVELOPMENT REVIEW
4050 TAYLOR STREET, MS-240 SAN
DIEGO CA 92110
COASTAL CONSERVANCY
1515 CLAY STREET, 10TH FLOOR
OAKLAND, CA 94612
DEPT OF FORESTRY ENV COORD
PO BOX 944246
SACRAMENTO CA 94244-2460
FAA WESTERN-PACIFIC REGI ON
777 S. AVIATION BLVD., SUITE 150
El SUGUNDO, CA 90245
OFF OF PLANNING & RESEARCH
OFF OF LOCAL GOV AFFAIRS
1400 10TH STREET
SACRAMENTO CA 95814-5502
SANDAG EXECUTIVE DIRECTOR
SUITE 800
1ST INTERNATIONAL PLAZA
401 B STREET
SAN DIEGO CA 92101
US BUREAU OF LAND MGMT
SUITE ROOM W
2800 COTTAGE WAY
SACRAMENTO CA 95825
USDA RURAL DEVELOPMENT
DEPT 4169
430 G STREET
DAVIS CA 95606
USARMYCORPSOFENGINEERS
STE 100
5900 LA PLACE CT
CARLSBAD CA 92008
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80 I MISSION AVE
OCEANSIDE CA 92054
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5950 EL CAMINO REAL
CARLSBAD CA 92008
REGIONAL WATER QUALITY CONTROL
BOARD -SAN DIEGO REGION
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
SAN DIEGO COUNTY WATER AUTHORITY
4677 OVERLAND
SAN DIEGO CA 92123
SAN DIEGO AIR POLLUTION CONTROL
DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
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OLIVENHAIN MUNICIPAL WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CARLSBAD UNIFIED SCHOOL DISTRICT
6225 EL CAMINO REAL
CARLSBAD CA 92011
PLANNING DIRECTOR
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069
SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AV
SAN MARCOS CA 92069
CITY PLANNER
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
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LEUCADIA WATER DISTRICT
1960 LA COSTA AV
CARLSBAD CA 92009
US FISH & WILDLIFE
STE 250
2177 SALK AV
CARLSBAD CA 92008
PLANNING DIRECTOR
CITY OF VISTA
600 EUCALYPTUS
VISTA CA 92084
SAN DIEGUITO UNION HIGH
SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
ENCINITAS UNIFIED SCHOOL DISTRICT
101RANCHOSANTAFERD
ENCINITAS CA 92024
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PROPOSED ACTION
Introduce an ordinance acknowledging receipt
of and approving the California Coastal
Commission’s suggested modifications to the
city’s Density Bonus Ordinance.
ITEM 13: DENSITY BONUS MODIFICATIONS
{ City of
Carlsbad
BACKGROUND
•Sept. 2020 City Council approved update to
Density Bonus Ordinance
•Density bonus law
o Density increase in exchange for affordable
housing
o Waivers from development standards
ITEM 13: DENSITY BONUS MODIFICATIONS
{ City of
Carlsbad
COASTAL COMMISSION
•Nov. 2020 submittal to Coastal Commission
•Comment letter identified concern
o Meet all provisions of Local Coastal Program
o Limits ability to grant waiver of standards
•Modification to comply with state law
ITEM 13: DENSITY BONUS MODIFICATIONS
{ City of
Carlsbad
COASTAL COMMISSION
•Feb. 2022 Coastal Commission approval
•Suggested modification
o Incentives, concessions, waivers allowed
o Protect coastal resources and public access
•City acceptance required before effective
ITEM 13: DENSITY BONUS MODIFICATIONS
{ City of
Carlsbad
STAFF RECOMMENDATION
Introduce an ordinance acknowledging receipt
of and approving the California Coastal
Commission’s suggested modifications to the
city’s Density Bonus Ordinance.
ITEM 13: DENSITY BONUS MODIFICATIONS
{ City of
Carlsbad