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Home My WebLink About2022-07-19; City Council; ; Adoption of Ordinance No. CS-426 – Amending Carlsbad Municipal Code Title 21, Density Bonus Ordinance and Local Coastal Program (ZCA 2020-0001/ LCPA 2020-0005)CA Review CKM Meeting Date: July 19, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 442-339-5989 Subject: Adoption of Ordinance No. CS-426 – Amending Carlsbad Municipal Code Title 21, Density Bonus Ordinance and Local Coastal Program (ZCA 2020- 0001/ LCPA 2020-0005) Districts: All Recommended Action Adopt Ordinance No. CS-426 Amending Carlsbad Municipal Code Title 21, Chapter 86 Density Bonus Ordinance and Local Coastal Program. Executive Summary/Discussion Ordinance No. CS-426 was introduced and first read at the City Council meeting held on July 12, 2022. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the City Council voted 4-0-1, with Council Member Norby absent, to introduce Ordinance No. CS- 426.The second reading allows the City Council to adopt the ordinance, which will become effective 30 days after its adoption. In areas inside the Coastal Zone, the ordinance will become effective 30 days after its adoption or upon Coastal Commission approval of the local coastal program amendment, LCPA 2020-0005, whichever occurs later. Fiscal Analysis There is no anticipated fiscal impact. Next Steps The City Clerk will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinances. 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. July 19, 2022 Item #10 Page 1 of 5 Public Notification This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1.Ordinance No. CS-426 July 19, 2022 Item #10 Page 2 of 5 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: DENSITY BONUS AMENDMENTS 2020 CASE NO.: 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: July 19, 2022 Item #10 Page 3 of 5 EXHIBIT 1 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 8 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 co·astal 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 �y 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. Item #10 July 19, 2022 Page 4 of 5 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, al11 of the requirements included in California Government Code Section 65915.5 have b.een met. 8.If the housing development is in the ,coastal :zone, the development is consistent with the coastal resource protection IPOilides, .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 d.evellopment 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 cons1istent with the coastal resource protection policies, and where applicable, the public access re,qui:rements 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 imp1lementation 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 l\.1eeting of the Carlsbad City Council on the 12th day of July, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of MY, 2022, by the follow1ing vot,e, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta. None. Norby. APPROVED AS TO FORM AND LEGALITY: �IL. H.�1 t?�! u4 L A-'lh:J, fTv CELIA A. BREWER, City Attorney MATT HALL, Mayor f4A{,, fr FAVIOLA MEDINA, City Clerk Services Manager (SEAL) July 19, 2022 Item #10 Page 5 of 5