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Home My WebLink About2023-10-18; Planning Commission; Resolution 7499PLANNING COMMISSION RESOLUTION NO. 7499 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE GENERAL PLAN LAND USE AND COMMUNITY DESIGN ELEMENT, INCLUDING THE LAND USE MAP; THE GENERAL PLAN PUBLIC SAFETY ELEMENT; THE ZONING ORDINANCE AND ZONING MAP; THE LOCAL COASTAL PROGRAM; AND TO THE BRESSI RANCH MASTER PLAN, FENTON CARLSBAD CENTER SPECIFIC PLAN, GREEN VALLEY MASTER PLAN, NORTH COUNTY PLAZA SPECIFIC PLAN, AND WESTFIELD CARLSBAD SPECIFIC PLAN CASE NAME: HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE CASE NO: GPA 2022-0001/ZCA 2022-0004/ZC 2022- 0001/LCPA 2022-0015/ AM END 2023-0008/ AM END 2023-0009/AMEND 2023-0010/AMEND 2023- 0011/AMEND 2023-0012 (PUB 2022-0010) WHEREAS, the City Planner has filed a verified application with the City of Carlsbad regarding amendments to the General Plan Land Use and Community Design Element (including the Land Use Map), Public Safety Element, Zoning Ordinance, Zoning Map, Local Coastal Program (including land use and zoning and policy language), Bressi Ranch Master Plan, Fenton Carlsbad Center Specific Plan, Green Valley Master Plan, North County Plaza Specific Plan, and Westfield Carlsbad Specific Plan ("project"), which affects properties citywide; and WHEREAS, as provided in Government Code Section 65350 et. seq., Section 21.38.120, Section 21.52.020, and Section 21.54.125 of the Carlsbad Municipal Code, and Public Resources Code Section 30514 and Section 13551 of the California Code of Regulations Title 14, Division 5.5, said verified application constitutes a request for a General Plan Amendment, Zoning Ordinance Amendment, Local Coastal Program Amendment, Master Plan Amendment and Specific Plan Amendment -GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022- 0015/ AMEND 2023-0008/ AMEND 2023-0009/ AMEND 2023-0010/ AMEND 2023-0011/ AMEND 2023-0012 -HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE; and WHEREAS, amendments to the Land Use and Community Design Element (GPA 2022-0001) are shown on Attachment A attached hereto; amendments to the General Plan Land Use Map and Local Coastal Program Land Use Map (GPA 2022-0001/LCPA 2022-0015) are shown on Attachment B attached hereto; and amendments to the Public Safety Element (GPA 2022- 0001) are shown on Attachment C attached hereto; and WHEREAS, amendments to the Local Coastal Program Land Use Plan East Batiquitos Lagoon/Hunt Properties Segment (LCPA 2022-0015) are shown on Attachment D attached hereto; and WHEREAS, amendments to the Zoning Ordinance and Zoning Map (ZCA 2022- 0004/ZC 2022-0001/LCPA 2022-0015) are shown as part of the draft City Council Ordinance attached hereto as Attachment E; and WHEREAS, amendments to the Bressi Ranch Master Plan (AMEND 2023-0008), Fenton Carlsbad Center Specific Plan (AMEND 2023-0009), Green Valley Master Plan (AMEND • 2023-0010/LCPA 2022-0015), North County Plaza Specific Plan (AMEND 2023-0011/LCPA 2022- 0015), and Westfield Carlsbad Specific Plan (AMEND 2023-0012) are shown as part of the draft City Council Ordinance attached hereto as Attachment F; and WHEREAS, on July 24, 2015, as part of the 2015 General Plan Update, the Planning Commission adopted Planning Commission Resolution 7114, recommending that the City Council approve density increases on certain residential properties and on non-residential properties rezoned to residential; and I " I WHEREAS, the Planning Commission recognized the density increases provided through Resolution 7114 were "substantial" and constituted an "offset" as defined by Carlsbad Municipal Code (CMC) Section 21.85.020; and WHEREAS, accordingly, and in exchange for such an offset, the Planning • Commission recommended any residential development (rental or for-sale) on those certain properties provide a minimum 20% of the total housing units on site as affordable to lower income households unless the city, at its sole discretion, approved an alternative to satisfy the lower income affordable housing requirement; and WHEREAS, on Oct. 11, 2022, the City Council, as part of a report on possible programs to help entry-level homebuyers, directed staff by minute motion to apply the "increased inclusionary housing requirements" from Planning Commission Resolution 7114 to the rezone sites; and WHEREAS, the Planning Commission did, on Oct. 18, 2023, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the amendments to the Land Use and Community Design Element (including the Land Use Map), Public Safety Element, Zoning Ordinance, Zoning Map, Local Coastal Program, Bressi Ranch Master Plan, Green Valley Master Plan, Fenton Carlsbad Center Specific Plan, North County Plaza Specific Plan, and Westfield Carlsbad Specific Plan; and WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program; and WHEREAS, the project, because it proposes land use changes in the Airport Influence Area, is subject to the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated Jan. 25, 2010, and last amended Dec. 1, 2011. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) The state-mandated six-week review period for the Local Coastal Program Amendment (LCPA 2022-0015) will start in October 2023 and will end in December 2023; any comments received in response to the LCPA notice will be reported to the City Council. C) The designation of residential land uses or density increases resulting from the project, pursuant to the approval of GPA 2022-0001/ZCA 2022-0004/ZC 2022- 0001/LCPA 2022-0015/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023- 0010/AMEND 2023-0011/AMEND 2023-0012 HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE, are substantial and constitute an "offset" as defined by Carlsbad Municipal Code Section 21.85.020. In exchange for making such offset available, the Planning Commission RECOMMENDS THAT it is appropriate to require, in accordance with Carlsbad Municipal Code Section 21.85.100, any residential development (rental or for- sale) on the properties that have received residential designations and density increases, pursuant to this project, to enter into an affordable housing agreement with the City of Carlsbad to provide a minimum of 20% of the total housing units on the site of the residential development as affordable to lower income households at 80% or below the San Diego County Area Median Income. On non-city-owned properties that have received residential designations or density increases, this affordable housing requirement may also be satisfied by the following alternatives (at the sole discretion of the City of Carlsbad and following completion of an alternate public benefit analysis): 1. A minimum of 15% of the total projects housing units shall be affordable to lower income households at 80% or below the San Diego County Area Median Income and an additional 10% shall be affordable to moderate income households at 100% or below of the San Diego County Area Median Income; or 2. A minimum of 15% of the total project housing units shall be affordable to very low-income households at 50% or below the San Diego County Area Median Income. This requirement does not apply to sites the City Council only identifies but does not rezone to help satisfy the city's Regional Housing Needs Assessment. D) That based on the evidence presented at the public hearing and based on the following findings, the Commission RECOMMENDS APPROVAL of: Findings: 1. GPA 2022-0001 as shown on Attachments A, B and C 2. ZCA 2022-0004 and ZC 2022-0001 as shown on Attachment E 3. LCPA 2022-0015 as shown on Attachments B, D, E and F 4. AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023- 0011/AMEND 2023-0012 as shown on Attachment F 1. The Planning Commission finds that the project is in conformance with the elements of the city's General Plan, based on the facts set forth in the staff report dated Oct. 18, 2023, including but not limited to the following: the project consists of designating sites for residential development and increasing allowed residential densities to comply with state law and the city's Housing Element, and the project updates the Public Safety Element for consistency with state law; the update ensures that all elements of the plan are internally consistent, as required by state law; in addition, the amendments to the Zoning Ordinance, Zoning Map, master plans and specific plans ensure consistency with the General Plan's Land Use Map and density requirements; and, the Local Coastal Program amendment ensures consistency with the General Plan Land Use Map, the Zoning Map, Zoning Ordinance, and the master plans and specific plans. 2. The project is consistent with the Citywide Facilities and Improvements Plan and all city public facility performance standards (city administrative facilities, circulation, drainage, fire, library, open space, parks, schools, sewer collection, wastewater treatment capacity, and water distribution system). 3. The proposed Zoning Map and Zoning Ordinance Amendment will provide consistency with the General Plan, in that the proposed Zoning Map changes ensure consistency with and will implement the Land Use Map changes, and the proposed zoning regulations amendment will ensure consistency with General Plan policies related to residential density and residential uses. 5. The proposed master plan and specific plan amendments will provide consistency with the General Plan, in that the proposed master plan and specific plan amendments ensure consistency with and will implement the Land Use Map changes and General Plan policies related to residential density and residential uses. 6. The proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the General Plan and Zoning Ordinance, and Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad General Plan and Zoning Ordinance and do not conflict with any coastal zone regulations or policies with which future development must comply. 7. An application for a determination of consistency with the McClellan-Palomar Airport Land Use Compatibility Plan has been filed with the San Deigo Regional Airport Authority, acting as the Airport Land Use Commission; the determination finding will be reported to the City Council. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on Oct. 18, 2023, by the following vote, to wit: AYES: Meenes, Hubinger, Lafferty, Sabellico, Stine NAYES: Kamenjarin ABSENT: Meenes ABSTAIN: PETER MERZ, Chairperso CARLSBAD PLANNING COMMISSION ERIC LARDY City Planner