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Home My WebLink About1997-02-05; Planning Commission; ; ZCA 91-05A|ZCA 91-06A|ZCA 92-02A|ZCA 92-04A|ZCA 93-05A|LCPA 93-01A|LCPA 95-01A - COASTAL COMMISSION MODIFICATIONS TO CARLSBAD AFFORDABLE HOUSING ZONING PRO-VISIONS AND LEXHIBIT 10 'l'ue ..,,cy of CARLSBAD Planning 'Oepartment A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: February 5, 1997 ItemNo. @ Application complete date: n/a Project Planner: Chris DeCerbo Project Engineer: N/ A ~- SUBJECT: ZCA 91-05(A)/ZCA 91-06(A)/ZCA 92-02(A)/ZCA 92-04(A)/ZCA 93-05(A)/ LCP A 93-0l(A)/LCPA 95-0HA) -COAST AL COMMISSION MODIFICA- TIONS TO CARLSBAD AFFORDABLE HOUSING ZONING PRO- VISIONS AND LOCAL COASTAL PROGRAM LAND USE PLAN AFFORDABLE HOUSING POLICIES -A request for approval of amendments to affordable housing provisions of the zoning code and affordable housing policies of the local coastal program land use plans to accept modifications made by the California Coastal Commission. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4041, 4042, 4043, 4044, 4045, 4046 and 4047 RECOMMENDING APPROVAL of ZCA 91-0S(A), ZCA 91-06(A), ZCA 92-02(A), ZCA 92-04(A), ZCA 93-0S(A), LCPA 93-02(A), and LCPA 95-0l(A) based on the findings contained therein. II. INTRODUCTION The California Coastal Commission made several modifications to affordable housing provisions of the City's zoning code and affordable housing policies of the City's local coastal program land use plans in their action to approve associated local coastal program amendments. The suggested modifications are clarifications to the City's affordable housing ordinances and affordable housing land use plan policies and are consistent with the purpose, intent and other provisions of the affordable housing ordinances and land use plan policies. III. PROJECT DESCRIPTION AND BACKGROUND In October of 1991, the Carlsbad City Council approved a major amendment to it's Housing Element (GPA 90-08) to add new policies to encourage and enable the development of affordable housing within the City. As a consequence of this major Housing Element amendment, the State Department of Housing and Community Development (HCD) formally certified the City's Housing Element in May of 1992. Subsequent to the certification by the State, the Carlsbad City Council approved: 1) several affordable housing zone code amendments (adoption of new affordable housing ordinances) to implement the new Housing Element policies and 2) several local coastal program amendments (LCPAs) to adopt the above noted zone code amendments as the implementing zoning for the City's Local Coastal Program (LCP) and add affordable housing policies to the City's six Local Coastal Program land use plans (LUP). The zone code amendments and local coastal program amendments included the following: - ZCA 91-05(A)/ZCA 91-06(AJ, 4-'CA 92-02(A)/ZCA 92-04(A)/ZCA. 9)-v5(A)/LCPA 93-02(A)/ LCPA 95-0l(A)-COASTAL MODIFICATIONS/AFFORDABLE HOUSING FEBRUARY 5, 1997 PAGE2 -Density Bonus Ordinance; ZCA 91-05 ZCA 91-06 ZCA 92-02 ZCA 92-04 ZCA 93-05 LCPA 93-02 LCPA 95-01 - -Inclusionary Housing Ordinance; -Standards Modifications and Density Increases; -Second Dwelling Units; -Senior Citizen Housing; Density Increase LUP Policy Density Bonus, Inclusionary Housing, Second Dwelling Units, and Senior Citizen Housing LUP Policy and Density Bonus, Inclusionary Housing and Density Increase LCP Implementing Zoning. The local coastal program amendments were subsequently submitted to the California Coastal Commission. On August 14, 1996 the California Coastal Commission approved the local coastal program amendments with suggested modifications. Since the modifications are to the Zoning Ordinance and to the Local Coastal Program Land Use Plan policies, a number of zone code amendments and local coastal program amendments are being processed to enable the City to effectuate the acknowledgment and acceptance of the suggested modifications. IV. ANALYSIS Suggested modifications approved by the California Coastal Commission which necessitate these zone code am~ndments and local coastal program amendments address two items. The first modification is to add a provision to each of the affordable housing ordinances and affordable housing LUP policies specifying that "within the Coastal Zone any affordable housing project shall be consistent with all certified local coastal program provisions, with the exception of • density" (meaning that density as specified on the Local Coastal Program LUP maps). The addition of this provision is consistent with the City's Zoning Ordinance in that all projects (including affordable housing projects) located in the Coastal Zone within the City must be found to be consistent with the provisions of the applicable local coastal programs. The second modification is the addition of a provision to the affordable housing LUP policies which deal with Density Increases and Density Bonuses and to the Inclusionary Housing Ordinance and Density Bonus Ordinance to specify that "all environmentally constrained lands identified pursuant to the coastal zoning ordinances and local coastal programs are considered to be undevelopable and shall be deducted from the total number of acres of a subject property" (when calculating a project's net developable acreage). This provision would require that lands which are designated as environmentally constrained lands by the local coastal programs (i.e., wetlands and slopes of 25% and greater with endangered plant/animal species and/or coastal sagescrub and chaparral plant communities) would not be allocated density credit. Currently, Section 21.53.230 of the Municipal Code does not allow density credit for significant wetlands and land upon which other significant environmental features (i.e., coastal sagescrub) as determined by the environmental review process for a project are located. This section also specifies that for projects within the coastal zone, the provisions of Carlsbad Local Coastal Program shall apply. Since Title 21 already includes similar provisions with respect to environmentally constrained lands within the coastal zone, it is concluded that this provision is also consistent with the City's Zoning Ordinance. It is also important to keep in mind that I-.// -- ZCA 91-05(A)/ZCA 91-06tl"\,,L,CA 92-02(A)/ZCA 92-04(A)/ZCA 'h-vS(A)/LCPA 93-02(A)/ LCPA 95-0l(A) -COASTAL MODIFICATIONS/AFFORDABLE HOUSING FEBRUARY 5, 1997 PAGE3 because this specific provision is being incorporated into these chapters of the zoning ordinance (i.e., Inclusionary Housing, Density Bonus and Density Increase) which specifically allows for density increases (for affordable housing) that there will be no net effect on the density permitted per affordable housing project within the Coastal Zone. Both of these modifications are considered clarifications to the City's affordable housing ordinances and affordable housing LUP policies. In that they are consistent with Title 21 and with the purpose, intent and other provisions of the affordable housing ordinances and Local Coastal Program LUP policies, staff is recommending that the Planning Commission recommend approval to the City Council. V. ENVIRONMENTAL REVIEW The Planning Director has determined that the proposed zone code amendments and local coastal program amendments are exempt from CEQA (California Environmental Quality Act) pursuant to Section 15061 (b )(3) of the Guidelines. ATTACHMENTS: I. Planning Commission Resolution No. 4041 2. Planning Commission Resolution No. 4042 3. Planning Commission Resolution No. 4043 4. Planning Commission Resolution No. 4044 5. Planning Commission Resolution No. 4045 -6. Planning Commission Resolution No. 4046 7. Planning Commission Resolution No. 4047 8. Attachment "A" (Strikeout/Highlight version of amended Ordinances). CD:kr ATTACHMENT "A" CASE NAME: COAST AL COMMISSION MODIFICATIONS TO AFFORDABLE HOUSING ZONING PROVISIONS CASE NO.: ZCA 91-05(A) SECTION 1: That Title 21, Chapter 21.86 of the Carlsbad Municipal Code is amended by the amendment of Section 21.86.020(18) to read as follows: "21.86.020(18) Definitions "Maximum allowable residential yield" means the maximum number of residential units permitted on the project site, which number of units is calculated by multiplying the net developable acreage of the project site times the growth management control point(s) for the project site's applicable residential General Plan designation(s). Within the coastal zone, all environmentally constrained lands identified pursuant to the coastal zoning ordinances and local coastal programs are considered to be undevelopable and shall be deducted from tl,e total number of acres of a subject property." SECTION 2: That Title 21, Chapter 21.86 of the Carlsbad Municipal Code is amended by the amendment of Section 21.86.030(d) to read as follows: "21.86.030(d) Regulations for new residential construction. In cases where a density increase of less than twenty-five percent (25%) is requested. including cases where a density increase is sought to satisfy inclusionary housing requirements, no reduction will be allowed in the number of target dwelling units required." SECTION 3: That Title 21, Chapter 21.86 of the Carlsbad Municipal Code is amended by the addition of Subsection 21.86.060(i) to read as follows: ''21.86.060(i) Density bonus, equivalent in-lieu incentives and additional incentives. In the coastal zone, any housing development processed pursuant to this Chapter shall be consistent with all certified local coastal program provisions, with the exception of density." CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE HOUSING ZONING PROVISIONS CASE NO.: ZCA 91-06(A) SECTION 1: That Title 21, Chapter 21.85 of the Carlsbad Municipal Code is amended by the amendment of Section 21.86.020(19) to read as follows: "21.86.020(19) Definitions "Net developable acreage (for base residential unit calculations)" means the total number of acres of a subject property minus those lands considered to be undevelopable, as listed in Page 1 Section 21.53.230 of this code. Within the coastal zone, all environmentally constrained lands identified pursuant to the coastal zoning ordinances and local coastal programs are considered to be undevelopable and shall be deducted from the total number of acres of a subject property." SECTION 2: That Title 21, Chapter 21.85 of the Carlsbad Municipal Code is amended by the addition of Section 21.85.120(k) to read as follows: "21.85.120(k) Affordable housing standards. In the coastal zone, any housing development processed pursuant to tliis Chapter shall be consistent with all certified local coastal program provisions, with the exception of density.,. CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE HOUSING ZONING PROVISIONS CASE NO.: ZCA 92-04(A) SECTION 1: That Title 21, Chapter 21.10 of the Carlsbad Municipal Code is amended by the amendment of Section 21.10.015(c)(3)(C) to read as follows: "21.10.015(c)(3)(C) Second dwelling unit by administrative permit. The second dwelling unit must meet the setback, lot coverage, and other development standards applicable to the zone, which are not addressed within this subsection. In the coastal zone, any housing development processed pursuant to this Chapter shall be consistent with all certified local coastal program provisions, with the exception of density, or as otherwise specified within this subsection." CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE HOUSING ZONING PROVISIONS CASE NO.: ZCA 93-05(A) SECTION 1: That Title 21, Chapter 21.18 of the Carlsbad Municipal Code is amended by the addition of Section 21.18.045(c)(3)(B) to read as follows: "21.18.045(c)(3}(B} Senior citizen housing by site development plan. In the coastal zone, any senior citizen housing project processed pursuant to this section and Chapter 21.86 of this code shall be consistent with all certified local coastal program provisions, with the exception of density." Page2 SECTION 2: That Title 21, Chapter 21.18 of the Carlsbad Municipal Code is amended by the amendment of Section 21.18.045(d)(4)(D) to read as follows: "21.18.045(d)(4)(D) Senior citizen housing by site development plan. The senior citizen housing project complies with the general plan, zoning. certified Local Coastal Program and development policies of the City of Carlsbad, and is consistent with Section 21.86 of this Title." CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE HOUSING ZONING PROVISIONS CASE NO.: ZCA 92-02(A) SECTION 1: That Title 21_, Chapter 21.06 of the Carlsbad Municipal Code is amended by the amendment of Section 21.06.090 to read as follows: "21.06.090 Development Standards. Property in the Q zone shall be subject to the development standards required in the underlying zone and any applicable specific plans, except for Affordable Housing Projects as expressly modified by the site development plan. The site development plan for Affordable Housing Projects may allow less restrictive development standards than specified in the underlying zone or elsewhere provided that the project is in conformity with the General Plan and adopted policies and goals of the City, it would have no detrimental effect on public health, safety and welfare, and, in the coastal zone, any project processed pursuant to this Chapter shall be consistent with all certified local coastal program provisions, with the exception of density. In addition, the Planning Commission or the City Council in approving a site • development plan may impose special conditions or requirements which are more restrictive than the development standards in the underlying zone or elsewhere that include provisions for, but are not limited to the following:" SECTION 2: That Title 21, Chapter 21.53 of the Carlsbad Municipal Code is amended by the amendment of Section 21.53.120(c) to read as follows: "21.53.120(c) Affordable housing multi-family residential projects -Site development plan reguired. Development Standards. The development (both for multi-family residential and affordable housing) shall be subject to the development standards of the zone in which the development is located and/or any applicable Specific or Master Plan except for affordable housing projects as expressly modified by the site development plan. The site development plan for Affordable Housing Projects may allow less restrictive development standards than specified in the underlying zone or elsewhere provided that the project is in conformity with the General Plan and adopted policies and goals of the City, w it would have no detrimental effect on public health, safety and welfare, and, in the coastal zone, any project processed pursuant to this Chapter shall be consistent with all certified local coastal program provisions, with the Page 3 exception of density. In addition, the Planning Commission or the City Council in approving a site development plan may impose special conditions or requirements which are more restrictive than the development standards in the underlying zone or elsewhere that include provisions for. but are not limited to the following:" Page4