HomeMy WebLinkAbout2011-12-07; Planning Commission; ; GPA 10-03|ZCA 10-04|LCPA 10-03 - H.E. PROGRAM 2.1 MINIMUM DENSITIESThe City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
ItemNo. 0
P.C. AGENDA OF: December 7, 2011
Application complete date: N/ A
Project Planner: Corey Funk
Project Engineer: N/ A
SUBJECT: GPA 10-03/ZCA 10-04/LCPA 10-03 -H.E. PROGRAM 2.1 MINIMUM
DENSITIES -A request for a determination that the project is within the scope
of a Mitigated Negative Declaration previously adopted for the 2005-2010
Housing Element (GPA 03-02) and a request for a recommendation of approval
for a General Plan Amendment, Zone Code Amendment and Local Coastal
Program Amendment to implement a portion of Housing Element Program 2.1 by
the establishment of a new minimum density in the Residential Medium-High
Density (RMH) and Residential High Density (RH) land use designations.
I. RECOMMENDATION
That the Planning Commission make a determination that the project is within the scope of a
Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA
03-02) and that the Planning Commission ADOPT Planning Commission Resolutions No. 6848,
6849, and 6850 RECOMMENDING APPROVAL of GPA 10-03, ZCA 10-04 and LCPA 10-
03, based on the findings contained therein.
II. INTRODUCTION
This proposal involves a city-initiated General Plan Amendment, Zone Code and Local Coastal
Program Amendment to implement a portion of Housing Element Program 2.1 by the
establishment of a new minimum density in the Residential Medium-High Density (RMH) and
Residential High Density (RH) land use designations. The purpose of the new minimum density
("RHNA Base Density") is to comply with Regional Housing Needs Assessment (RHNA)
requirements and state housing element law.
The proposed amendments are consistent with applicable portions of the General Plan and
maintain internal consistency within the Zoning Ordinance and the Local Coastal Program
(LCP). Carlsbad's LCP is consistent with the General Plan, but it is a separate document
containing separate land use policies and implementation measures which must also be complied
with in addition to the General Plan. With regard to the LCP amendment, the Zoning Ordinance
is the LCP implementing ordinance; therefore an LCP amendment is necessary. However, no
portion of the LCP land use plan document is being amended as no policies of the LCP are
affected by the proposed Zoning Ordinance amendments.
III. PROJECT DESCRIPTION AND BACKGROUND
State law requires each general plan to have a housing element and that it be periodically updated
to reflect a community's changing housing needs. The housing element provides an assessment ,, . .,
GP A 10-03/ZCA 10-04/LCP A 10-03 -H.E. PROGRAM 2.1 -MINIMUM DENSITIES
December 7, 2011
Pae 2
of current and future housing needs and a plan with programs designed to address those needs.
A jurisdiction's housing need is determined through the Regional Housing Needs Assessment
(RHNA), a process mandated by state law. The RHNA represents the future housing growth for
the planning period of a housing element, and is divided into four income groups based on
county Area Median Income: Very low, Low, Moderate and Above Moderate income groups.
Housing Element Program 2.1 of the 2005-2010 Housing Element includes a variety of actions
designed to ensure that adequate residential acreage at appropriate densities is available to meet
the city's RHNA. One such action is the "Minimum Densities" project, which proposes to
establish higher density minimums in order to ensure that the acreage identified by the housing
element, for the purpose of complying with state housing element law, will have density levels
that were determined to be appropriate for facilitation of housing affordable to lower and
moderate income families. Specifically the amendment proposes to increase the minimum
density from 11.5 to 12 du/ac for the RMH designation and from 19 to 20 du/ac for the RH
designation. With the related actions described below, this project achieves consistency with
Carlsbad's General Plan, Zoning Ordinance and Growth Management Program. Proposed
findings for approval of the amendment are included in the attached resolutions.
• General Plan Amendment (GPA 10-03): proposes to amend Section 11.C.l (pages 14 and
15) of the Land Use Element in order to establish the RHNA Base Density within the
density ranges allowed by the general plan. The RHNA Base Density increases the
minimum densities for the RMH and RH land use designations from 11.5 to 12 du/ac and
19 to 20 du/ac, respectively.
The amendment consists primarily of (1) adding the RHNA Base Density to "Table 2:
Allowed Dwelling Units Per Acre" in the Land Use Element, which describes the general
plan designations and their allowed density ranges, and (2) additions to the discussion of
California Government Code Section 65863, which limits the city's ability to approve
housing projects at densities below those used to determine compliance with housing
element law.
• Zoning Code Amendment (ZCA 10-04): Section 21.53.230 contains the city's method
for calculating density, and ZCA 10-04 proposes to amend this section in order to be
consistent with GPA 10-03. The amendment consists of adding the proposed RHNA
Base Density to the rules governing unit yield and rounding calculations.
• Local Coastal Program Amendment (LCPA 10-03): the Zoning Ordinance is the LCP
implementing ordinance; therefore an LCP amendment is necessary.
IV. ANALYSIS
A. General Plan
General Plan Amendment (GPA 10-03) proposes to provide revisions to the General Plan Land
Use Element which contains the City's residential density requirements. This amendment will
primarily add the RHNA Base density requirements to ensure compliance with housing element
law (Government Code Section 65863). The amendment proposes to increase the minimum
GP A 10-03/ZCA 10-04/LCP A 10-03 -H.E. PROGRAM 2.1 -MINIMUM DENSITIES
December 7, 2011
Pae 3
density from 11.5 to 12 du/ac for the RMH designation and from 19 to 20 du/ac for the RH
designation, except for RH designated properties in the Beach Area Overlay Zone (BAOZ). In
the BAOZ, the minimum and GMCP densities shall apply.
General Plan Densities (in dwelling units per acre)
Designation Existing Existing Proposed Existing
Minimum GMCP RHNA Base Maximum
Density Density density Density
RMH 8.5 11.5 12 15
RH 15 19 20 23
Government Code Section 65893 limits the city's ability to approve housing projects at densities
below those used to determine compliance with housing element law. The previous housing
element utilized GMCP densities to determine compliance housing element law. For the 2005-
2010 Housing Element, the GMCP densities were used to determine compliance with housing
element law for all designations except for the RMH and RH designations, which utilized the
RHNA Base density. Densities are permitted below GMCP and RHNA Base densities, but only
if specific findings are made.
The proposed amendments are consistent with the general plan in that they implement the
housing element and do not conflict with any other portion of the general plan. In addition, they
are consistent with the following housing element goals and policies:
• Goal 2 -New housing developed with diversity of types, prices, tenures, densities and
locations, and in sufficient quantity to meet the demand of anticipated city and regional
growth.
• Policy 2.1 -ensure sufficient developable acreage in all residential densities to provide
varied housing types for households in all economic segments.
• Policy 2.2 -Allow development of sufficient new housing to meet Carlsbad's share of
the regional housing need for 2005-2010 (subsequently extended to 2013) as determined
by SANDAG and consistent with this Housing Element.
B. Zoning Ordinance and Local Coastal Program Consistency
Zone Code Amendment (ZCA 10-04) will provide minor revisions to the Carlsbad Municipal
Code (CMC) Chapter 21.53 "Uses Generally", which contains the City's method for calculating
residential density (Section 21.53.230). This amendment will add the RHNA base density to the
density unit yield calculations in order to be consistent with GP A 10-03. The amendment also
clarifies that the RHNA Base density does not apply to RH land use designations in the BAOZ.
In the BAOZ, the minimum and GMCP densities shall apply.
Local Costal Program Amendment (LCPA 10-03) is required to be processed concurrently with
the Zone Change Amendment (ZCA 10-04). The Zoning Ordinance (Title 21) is an
implementing ordinance of the City of Carlsbad Local Coastal Program; therefore, the Local
Coastal Program is required to be amended when the zoning ordinance is amended.
GP A 10-03/ZCA 10-04/LCP A 10-03 -H.E. PROGRAM 2.1 -MINIMUM DENSITIES
December 7, 2011
Pae 4
An integral component of any Zoning Ordinance amendment is a requirement to find that the
proposed amendments are internally consistent with the procedures and standards of the rest of
the existing Zoning Ordinance that is not proposed for amendment, and that it is consistent with
the Local Coastal Program. Staff has analyzed the proposed amendments and finds that the
amendments are internally consistent with the other provisions of the Zoning Ordinance not
being amended. The LCP is a land use planning document containing special policies and
regulations that supplement other city regulations, and together with city plans and policies,
govern development in the coastal zone. The LCP policies primarily address coastal issues, such
as shoreline access and protection of sensitive resources. However, no policies of the LCP are
affected, nor are any conflicts created by the proposed Zoning Ordinance amendments.
C. Growth Management
The GMCP density was used to determine dwelling unit caps of Proposition E and the Growth
Management Program. To ensure the dwelling units caps are not exceeded, Carlsbad developed
a tracking system to account for projects approved both below and above the GMCP. Projects
that have developed below the GMCP, for example, generate "excess dwelling units" that are
deposited into an "excess dwelling unit bank", and likewise, proposals above the GMCP
withdraw these excess units from the bank.
The 2005-2010 Housing Element included an analysis of its programs and their compliance with
the Growth Management Program and the excess dwelling unit bank. It anticipated that the
increase in yield resulting from projects developed at the RHNA Base Density as compared to
the GMCP density would require an allocation from the bank of 25 dwelling units, and that the
bank has sufficient excess units to cover the allocation. As such, the Minimum Densities project
would not cause the Proposition E caps to be exceeded.
V. ENVIRONMENTAL REVIEW
The proposed project falls within the scope of a previously approved Mitigated Negative
Declaration (MND) reviewed pursuant to the California Environmental Quality Act (CEQA).
Staff has analyzed the project and has concluded that no potentially significant impacts would
result with the implementation of the project that were not previously examined and evaluated in
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the
2005-2010 Housing Element (GPA 03-02), dated December 22, 2009. The MND for GPA 03-02
evaluated the potential environmental effects of implementing portions of Housing Element
Program 2.1, including the Minimum Densities project.
The proposed activities would have no effects beyond those analyzed in the MND, as they are
consistent with the program analyzed earlier. The Housing Element and its MND anticipated
future amendments to establish minimum densities of 12 du/ac and 20 du/ac for the RMH and
RH designations. The MND determined that these increases beyond the GMCP are minor and
would increase potential yield by 25 units on properties designated RMH and RH when
compared to the existing GMCP. Because the density increase is slight and affected parcels are
scattered throughout Carlsbad, the MND did not anticipate additional environmental review
would be necessary beyond what was prepared for the Housing Element. This project is within
the scope of the MND for GP A 03-02 and no further CEQA compliance is required. The MND
for GP A 03-02 is available at the Planning Department.
GP A 10-03/ZCA 10-04/LCP A 10-03 -H.E. PROGRAM 2.1 -MINIMUM DENSITIES
December 7, 2011
Pae 5
ATTACHMENTS:
1. Planning Commission Resolution No. 6848 (GPA)
2. Planning Commission Resolution No. 6849 (ZCA)
3. Planning Commission Resolution No. 6850 (LCPA)
4. Strikeout/underline version of the proposed General Plan amendment
5. Strikeout/underline version of the proposed Zoning Ordinance amendment
Carlsbad General Plan Section I1.C.1
Underline Strikeout Exhibit
Land Use Element
d. Medium-High Density (RMH): Medium-high
density residential areas intended to be
developed with two-family dwellings and
multiple-family dwellings, as well as one-
family dwellings (developed as two or more
detached units on one lot) at a density
between 8 to 15 dwelling units per acre.
Development of one-family dwellings on
individual lots may be approved with a
planned development permit, subject to the
density range of this designation.
e. High Density (RH): High-density residential
areas intended to be developed with two-
family and multiple-family dwellings, as well
as one-family dwellings (developed as two or
more detached units on one lot) at a density
between 15 to 23 dwelling units per acre.
Certain areas of the City designated for planned
communities may have several residential desig-
nations or combinations of residential designa-
tions. To accommodate good design and plan-
ning, as well as environmental and topographical
factors, planned communities shall be controlled
by a master plan.
As part of the City's Growth Management Plan, a
dwelling unit limitation was established for each
quadrant of the City. The City shall not approve
any general plan amendment, zone change,
tentative subdivision map or other discretionary
approval for a development that could result in the
development above the limit in any quadrant. To
ensure that development does not exceed the
limit, the following growth management control
points (GMCP) in Table 2 are established for the
Land Use Element density ranges.
The City shall not approve any residential
development at a density that exceeds the growth
management control point for the applicable
density range without making the following
findings:
a. That the project will provide sufficient
additional public facilities for the density in
excess of the control point to ensure that the
adequacy of the City's public facilities plans
will not be adversely impacted.
Page 14
Attachment 4
December 7, 2011
it .,_
b. That there have been sufficient developments
approved in the quadrant at densities below
the control point so the approval will not result
in exceeding the quadrant limit.
c. All necessary public facilities required by the
City's Growth Management Program will be
constructed, or are guaranteed to be
constructed, concurrently with the need for
them created by this development and in
compliance with the adopted City standards.
Table 2:
ALLOWED DWELLING UNITS PER ACRE
General Growtll-
Plan Land Management RHNA Use Minimum G~iflt Base* Maximum
Desianation GMCP
RL 0 1.0 1.0 1.5
RLM 0 3.2 3.2 4.0
RM 4 6.0 6.0 8.0
RMH 8 11.5 12.0 15.0
RH 15 19.0 20.0 23.0 . RHNA Base, discussed below, does not aggl~ to RH
designated grogerties in the Beach Area Overla~ Zone. In the
Beach Area Overla~ Zone, the minimum and GMCP densities
shall aggl~.
The residential land use designations in Table 2
indicate MAXIMUM development unit yields. To
meet the General Plan goals and objectives,
including, but not limited to population goals and
environmental considerations, the ACTUAL yield
may be less than maximum potentials, but not
less than the minimum density of the underlying
land use designation; except, density may be
approved below the minimum of the density range
in the following circumstances:
a. When a single, one-family dwelling is
constructed on a legal lot that existed as of
October 28, 2004.
b. When a single, one-family dwelling is
constructed on a lot that was created by
consolidating two legal nonconforming lots
into one lot (this only applies to lots that are
nonconforming in lot area).
c. When a legal lot is developed with one or
more residential units that existed as of
October 28, 2004; provided, the existing units
are to remain and it is not feasible to
construct the number of additional units
Amended September 14, 2010
Land Use Element
needed to meet the minimum density without
requiring the removal of the existing units.
Pursuant to California Government Code Section
65863, the City shall not by administrative, quasi-
judicial, or legislative action, reduce, require or
permit the reduction of residential density on any
parcel to a density below that which was utilized
by the California Department of Housing and
Community Development in determining
compliance with housing element law,. For
purposes of complying with Government Code
Section 65863, the Regional Housing Needs
Assessment (RHNA) Base density for each of the
General Plan residential Land Use designations
listed in Table 2 above was utilized to determine
compliance with housing element law in the 2005-
2010 Housing Element. As such, the City shall
not reduce, require, or permit the reduction of
residential density on any parcel below its RHNA
Base density unless, the City makes written
findings supported by substantial evidence of both
of the following:
a. The reduction is consistent with the adopted
general plan, including the housing element.
b. The remaining sites identified in the housing
element are adequate to accommodate the
City's share of the regional housing need
pursuant to Government Code Section
65584, or the reduction is necessary to
ensure compliance with the dwelling unit
limitations set forth in the City's Growth
Management Program.
As noted in Table 2, the RHNA Base density does
not apply to RH designated properties in the
Beach Area Overlay Zone. In the Beach Area
Overlay Zone, the minimum and GMCP densities
shall apply.
If a reduction in residential density for any parcel
would result in the remaining sites identified in the
housing element not being adequate to
accommodate the City's share of the regional
housing need, the City may reduce the density on
that parcel provided it identifies sufficient
additional, adequate, and available sites with an
equal or greater residential density so that there is
no net loss of residential unit capacity.
The City shall be solely responsible for
compliance with Government Code Section
65863, unless a project applicant requests in his
Page 15
or her initial application, as submitted, a density
that would result in the remaining sites in the
housing element not being adequate to
accommodate the City's share of the regional
housing need. In that case, the City may require
the project applicant to comply with Government
Code Section 65863. For the purposes of
determining or requiring compliance with
Government Code Section 65863, the submission
of an application does not depend on the
application being deemed complete or being
accepted by the City.
Government Code Section 65863 does not apply
to parcels that, prior to January 1, 2003, were
either 1) subject to a development agreement, or
2) parcels for which an application for a
subdivision map had been submitted.
Residential density shall be determined based on
a number of dwelling units per developable acre
of property. The following lands are considered
to be undevelopable and shall be excluded from
density calculations:
a. Beaches;
b. Permanent bodies of water;
c. Floodways;
d. Slopes with an inclination of greater than
40%;
e. Significant wetlands;
f. Significant riparian woodland habitats;
g. Land subject to major power . transmission
easements;
h. • Land upon which other significant
environmental features as determined by the
environmental review process for a project
are located; and
i. Railroad track beds.
No residential development shall occur on the
lands listed above; however, the City Council may
permit limited development of such property, if
wh.en considering the property as a whole, the
prohibition against development would constitute
an unconstitutional deprivation of property.
Development on slopes with an inclination of 25%
to 40% shall be permitted if designed to minimize
the grading and comply with the slope
development provisions of the hillside ordinance
and the Carlsbad Local Coastal Program.
However, only 50% of the area shall be used for
density calculations.
Amended September 14, 2010
ATTACHMENT 5
ZCA 10-04/LCP A 10-03
H.E. PROGRAM 2.1 -MINIMUM DENSITIES
STRIKE-OUT/UNDERLINE
Section 21.53.230 (Uses Generally, Residential density calculations, residential development restrictions
on open space and environmentally sensitive lands) is proposed to be amended as follows:
21.53.230 Residential density calculations, residential development restrictions on open
space and environmentally sensitive lands.
(a) For the purposes of Titles 20 and 21 of this code, residential density shall be
determined based on the number of dwelling units per developable acre of property.
(b) The following lands are considered to be undevelopable and shall be excluded
from density calculation:
(1) Beaches;
(2) Permanent bodies of water;
(3) Floodways:
( 4) Natural slopes with an inclination of greater than forty percent except as permitted
pursuant to Section 21.95.120(B) of this code;
(5) Significant wetlands;
( 6) Significant riparian or woodland habitats;
(7) Land subject to major power transmission easements;
(8) Land upon which other significant environmental features as determined by the
environmental review process for a project are located;
(9) Railroad track beds.
( c) No residential development shall occur on any property listed in subsection (b ).
Subject to the provisions of Chapters 21.33 and 21.110, the city council may permit limited
development of such property if, when considering the property as a whole, the prohibition
against development would constitute an unconstitutional deprivation of property. The planning
commission or city council, whichever is the final decision-making body for a residential
development may permit accessory facilities, including, but not limited to, recreational facilities,
view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 21.110)
and on land subject to major power transmission easements.
(d) No more than fifty percent of the portion of a site containing twenty-five to forty
percent slopes may be utilized for calculating allowable residential density. Residential
development on slopes with an inclination of twenty-five to forty percent, inclusive, shall be
designed to minimize the amount of grading necessary to accommodate the project. For projects
within the coastal zone, the grading provisions of the Carlsbad local coastal program and
Chapters 21.38 and 21.203 of the municipal code shall apply.
(e) The potential unit yield for a property, based on the minimum, growth
management control point (GMCP), Regional Housing Needs Assessment (RHNA) Base, or
maximum density of the applicable general plan land use designation, shall be subject to the
following:
( 1) Equation used to determine unit yield: developable lot area (in acres) x density =
unit yield.
ATTACHMENT 5
ZCA 10-04/LCP A 10-03
H.E. PROGRAM 2.1 -MINIMUM DENSITIES
STRIKE-OUT /UNDERLINE
Section 21.53 .230 (Uses Generally, Residential density calculations, residential development restrictions
on open space and environmentally sensitive lands) is proposed to be amended as follows:
21.53.230 Residential density calculations, residential development restrictions on open
space and environmentally sensitive lands.
(a) For the purposes of Titles 20 and 21 of this code, residential density shall be
determined based on the number of dwelling units per developable acre of property.
(b) The following lands are considered to be undevelopable and shall be excluded
from density calculation:
(1) Beaches;
(2) Permanent bodies of water;
(3) Floodways:
( 4) Natural slopes with an inclination of greater than forty percent except as permitted
pursuant to Section 21.95.120(B) of this code;
(5) Significant wetlands;
( 6) Significant riparian or woodland habitats;
(7) Land subject to major power transmission easements;
(8) Land upon which other significant environmental features as determined by the
environmental review process for a project are located;
(9) Railroad track beds.
(c) No residential development shall occur on any property listed in subsection (b).
Subject to the provisions of Chapters 21.33 and 21.110, the city council may permit limited
development of such property if, when considering the property as a whole, the prohibition
against development would constitute an unconstitutional deprivation of property. The planning
commission or city council, whichever is the final decision-making body for a residential
development may permit accessory facilities, including, but not limited to, recreational facilities,
view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 21.110)
and on land subject to major power transmission easements.
( d) No more than fifty percent of the portion of a site containing twenty-five to forty
percent slopes may be utilized for calculating allowable residential density. Residential
development on slopes with an inclination of twenty-five to forty percent, inclusive, shall be
designed to minimize the amount of grading necessary to accommodate the project. For projects
within the coastal zone, the grading provisions of the Carlsbad local coastal program and
Chapters 21.38 and 21.203 of the municipal code shall apply.
(e) The potential unit yield for a property, b_ased on the minimum, growth
management control point (GMCP), Regional Housing Needs Assessment (RHNA) Base, or
maximum density of the applicable general plan land use designation, shall be subject to the
following:
(1) Equation used to determine unit yield: developable lot area (in acres) x density=
unit yield.
ATTACHMENT 5
(A) "Density" used in this calculation is the minimum, GMCP, RHNA Base. or
maximum density of the applicable general plan land use designation;
(B) The resulting unit yield shall be subject to Table A, below.
(2) For purposes of this section:
(A) "Rounded-up" means rounding the fractional unit yield up to the next whole unit;
and
(B) "Rounded-down" means rounding the fractional unit yield down to the previous
whole unit, but not less than one unit.
(3) The information contained in Table A, below, shall not preclude the city from
approving residential densities above the GMCP, RHNA Base. or maximum density of the
applicable land use designation, subject to adopted city policies and regulations.
TABLE A
UNIT YIELD ROUNDING
Density Used for Calculation Unit Yield Includes a Provisions for Unit Yield
MINIMUM
GMCP
RHNA Base4
MAXIMUM
NeteNotes:
1)
2)
3)
4)
Rounding
fractional unit of .5 or greater SHALL be rounded-up. 1
fractional unit below .5 MAY be rounded-down. 2
fractional unit of .5 or greater MAY be rounded-up. 3
fractional unit below .5 SHALL be rounded-down.
fractional unit of .5 or greater SHALL be rounded-ug. 1. .1
fractional unit below .5 SHALL be rounded-down. 2
fractional unit SHALL be rounded-down.
Unless the project density is allowed below the minimum of the density range,
pursuant to the General Plan.
Unit yields rounded-down pursuant to this provision that result in a density below
either the minimum density or the RHNA Base density of the applicable land use
designation shall be considered consistent with the General Plan.-See footnote 4
for the limitations on agglving the RHNA Base density.
Subject to a fractional and/or whole unit allocation from the "excess dwelling unit
bank.!.'.: and provided the maximum density of the applicable land use designation
is not exceeded.
The RHNA Base section in Table A does not applv to RH General Plan land use
designations in the Beach Area Overlay Zone. In the Beach Area Overlay Zone,
the minimum and GMCP densities shall apgly.