HomeMy WebLinkAboutLCPA 01-01; Amendment to PUD Ordinance; Local Coastal Program Amendment (LCPA) (3)8
STATE OF CALIFORNIA __THE RESOURCES AGENCY GRAY DAVIS. Gowmor
CALIFORNIA COASTAL COMMISSION
“SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO. CA 92108-4402
(619) 161-2310
TO:
FROM:
SUBJECT:
TUE 5C
COMMISSIONERS AND INTERESTED PERSONS /’
DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR
SHERILYN SARB, DISTRICT MANAGER, SAN DIEGO
KERI AKERS, COASTAL PROGRAM ANALYST
STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR
AMENDMENT NO. 1-2002A (Planned Development Ordinance) (For
Public Hearing and Possible Commission Action at the Meeting of June
10-14,2002)
SYNOPSIS
SUMMARY OF AMENDMENT REOUEST
The City of Carlsbad is requesting that its certified Local Coastal Program (LCP) be
amended by revising the City’s Planned Development Ordinance (PDO) to include
development standards and procedures that will address development of small-lot single-
family and multiple-family residential units, encourage development of more liveable
neighborhoods, and promote neighborhood compatibility for proposed infill development
or redevelopment. (See Exhibit 1.) The City has also adopted an amended City Council
Pe Bicy 44 (Neighborhood Design Guidelines - Exhibit 2) and a Iiew City Council Policy
for Liveable Neighborhoods (Exhibit 3) to support the rzgulations in the PDO, which are
incorporated into the LCP by reference. The provisions of the amendment will be
applied citywide, and will potentially affect the following segments of the certified
Carlsbad LCP: Mello I, Mello 11, Village Redevelopment Area, East Batiquitos Lagoon,
and West Batiquitos Lagoon. A planned development may be permitted in any
residential zone or combination of zones consistent with the requirements of the PDO.
The City’s 1-2002 amendment package was filed on April 22,2002, pursuant to Section
30514(c) of the Coastal Act and Section 13553 of the Commission’s Code of
Regulations. Three site-specific zone changes were also included in the amendment
package, and will be presented to the Commission at a later date. The PDO amendment
is going forward at the June 2002 hearing at the request of the City of Carlsbad.
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending approval of the proposed amendment as submitted. The PDO
amendment is consistent with the City of Carlsbad’s certified LCP land use plan (LUP),
in that it does not conforms with and is adequate to carry out the LUP’s policies. It will
not negatively impact coastal resources.
Carlsbad LCPA 1-2002A
Page 2
The PDO facilitates clustering of development on environmentally or topographically
constrained land, so that development can be sited on the most suitable portions of the
site away from sensitive resources. This is accomplished primarily by allowing smaller
lot sizes than would ordinarily be allowed in the underlying zone, although the
development must still conform to the minimum and maximum allowable density, or
total number of lots, that the zone requires for the property as a whole. Clustering of
development on smaller lots promotes the establishment of large, contiguous areas of
open space for recreational purposes and/or habitat conservation, and encourages infill
development in appropriate urban areas.
In general, the PDO encourages protection of environmentally sensitive habitat areas
(ESHA) by locating development away from these areas. The PDO does not supersede
or conflict with the provisions of existing protections for sensitive areas, such as the
Hillside Development Ordinance, the Growth Management Plan, the Coastal Resource
Overlay Zone, and the draft Habitat Management Plan, and will function as a useful tool
in implementation of these plans.
The appropriate resolutions and motions can be found on Page 4. The findings for
approval of the amendment begin on Page 5.
BACKGROUND
Carlsbad Local Coastal Promam (LCP)
The City's certified LCP contains six geographic segments as follows: Agua Hedionda,
Mello I, Mello 11, West Batiquitos LagoodSamis Properties, East Batiquitos
LagoodHunt Properties and Village Redevelopment. Pursuant to Sections 30 170(f) and
30171 of the Public Resources Code, the Coastal Commission prepared and approved
two portions of the LCP, the Mello I and I1 segments in 1980 and 1981, respectively.
The West Batiquitos Lagood Sammis Properties segment was certified in 1985. The
East Batiquitos LagoodHunt 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. On October 21, 1997, the City assumed
permit jurisdiction and has been issuing coastal development permits for all of its
segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment remains as
a deferred certification area until an implementation plan is certified. The subject
amendment request potentially affects all six geographic segments of the City's certified
LCP.
Planned Development Ordinance
The primary intent of the Planned Development (PD) permit process, as contained in
Chapter 21.45 of the Carlsbad Municipal Code, is to provide a method for clustering
property development on environmentally and/or topographically constrained sites,
where site conditions preclude development of the entire property as a standard single-
family subdivision. For urban infill areas, a PD may also allow small subdivisions to be
Carlsbad LCPA 1 -2002A
Page 3
created with single-family residential lots containing less than 7,500 square feet,
condominium ownership in multiple-unit buildings, and conversion of existing residential
development to condominiums.
When the PDO was adopted in 1982, the primary objective at that time was to encourage
clustered development of both attached and detached housing on environmentally
constrained land, through the use of less restrictive development standards for minimum
lot size, building setbacks and street widths. However, a lack of specificity and
restrictions on its application made it an attractive option for developers pursuing housing
on less constrained and infill sites as well. According to infomation provided by the
City, since its inception 20 years ago, the PD process has become the preferred
development tool for residential developers within the City. As a result, almost 90
percent of all residential development within the City is now processed pursuant to the
PDO, in order to achieve maximum residential density on land which is not highly
constrained. The corresponding lack of standards for neighborhood design,
neighborhood compatibility and interconnectivity of new developments has resulted in a
residential subdivision pattern that produces isolated, walled developments.
Approximately one-third of the City's residentially designated land remains to be
developed. Since the adoption of the PDO in 1982,'other City ordinances and plans
intended to protect the natural environment have been created, such as the Hillside
Ordinance, the Growth Management Plan, the Coastal Overlay Zone, and the draft
Habitat Management Plan, which more clearly and directly accomplish the citywide goals
of protecting steep hillside and environmentally sensitive habitat areas (ESHA). At this
time, the City is taking the opportunity through this amendment to update and strengthen
the PDO by incorporating standards for more liveable communities and a more traditional
neighborhood character, with a new focus of protection and preservation of quality of life
as well as protection of the environment.
ADDITIONAL INFORMATION
Further information on the submittal may be obtained from Keri Akers at the San Diego
Area Office of the Coastal Commission at 7575 Metropolitan Drive, Suite 103,
San Diego, CA 92108-4402, (619) 767-2370.
Carlsbad LCPA 1-2002A
Page 4
PART I. OVERVIEW
A. STANDARD OF REVIEW
The standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions of the certified land use plan
(LIP). 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.
B. PUBLIC PARTICIPATION
The City has held both Planning Commission and City Council hearings with regard to
the subject amendment request. Each of these local hearings were duly noticed to the
public. Notice of the subject amendment has been distributed to all known interested
parties.
PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following
resolution and findings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to the resolution.
A. RESOLUTION I. (Resolution to approve certification of the City of Carlsbad
LCP Amendment #1-2002A [Planned Development
Ordinance], as submitted)
MOTION I 4
I move that the Commission reject the City of Carlsbad LCP Amendment #1-2002A
[Planned Development Ordinance], as submitted.
Staff Recommendation
Staff recommends a mvote. Failure of this motion will result in certification of the
Implementation Program as submitted 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 I
The Commission hereby certifies the Implementation Program Amendment for the City
of Carlsbad as submitted and adopts the findings set forth below on grounds that the
Implementation Program Amendment conforms with, and is adequate to carry out, the
provisions of the certified Land Use Plan, and certification of the Implementation
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Page 5
Program Amendment will meet the requirements of 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 on the environment, or 2) there are no further feasible
alternatives or mitigation measures that would substantially lessen any significant
adverse impacts on the environment that will result from certification of the
Iinplementation Program.
PART 111 FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD LCP
AMENDMENT, AS SUBMITTED
A. AMENDMENT DESCRIPTION
As stated in the City’s planning commission report, the main objectives of the proposed
amendment are to provide clear and detailed development standards and procedures for
the development of small-lot, single-family and two-family/multiple family ownership
residential units, modify residential development and design standards to achieve more
liveable neighborhoods and homes that are in better scale to lot sizes, and provide
compatibility with existing neighboring development. Through this amendment, the City
is attempting to address various community concerns and public safety issues related to
these matters.
As previously noted, the original purpose of the PDO was to encourage clustered housing
development on environmentally constrained land, through the use of less restrictive
development standards for minimum lot size, building setbacks and street widths.
However, a lack of specificity and restrictions on its application made it an attractive
option for developers pursuing housing on less constrained and infill sites as well. As a
result, almost 90 percent of all residential development within the City is now processed
pursuant to the PDO, in order to achieve maximum residential density on land which is
not highly constrained. The corresponding lack of standards for neighborhood design,
neighborhood compatibility and interconnectivity of new developments has resulted in a
residential subdivision pattern that produces isolated, walled developments.
Approximately one-third of the City’s residentially designated land remains to be
developed. At this time, the City is taking the opportunity through this amendment to
update and strengthen the PDO by incorporating standards for more liveable communities
and a more traditional neighborhood character, with a new focus of protection and
preservation of quality of life as well as protection of the environment.
The existing PDO has been revised to provide clear, detailed and unambiguous standards
for clustered residential development in new subdivisions and small-lot infill
development. The proposed amendment to the PDO will not affect any other sections of
the City’s certified LCP. The amended ordinance includes a provision that if a conflict is
identified between the regulations of the PDO and the City’s certified LCP, the
regulations of the LCP shall prevail.
Carlsbad LCPA 1 -2002A
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1. Purpose and Intent of the Ordinance. The purpose and intent of the PDO permit
process is to provide a method for clustering property development on environmentally
and/or topographically constrained sites, where site conditions preclude development of
the entire property as a standard single-family subdivision. For urban infill areas, a PD
may also allow small subdivisions to be created with single-family residential lots
containing less than 7,500 square feet, condominium ownership in multiple-unit
buildings, and conversion of existing residential development to condominiums.
Application of the PD process allows effective use of potential density on constrained
sites which would otherwise be limited by underlying zoning requirements for minimum
lot size.
The amendment would revise the Purpose and Intent section of the PDO to provide six
main objectives for the PD process, as summarized:
Recognition of the need for a diversity of housing product types;
Acknowledgement that preserving environmentally or topographically
constrained land justifies clustered housing;
Establishment of a process to develop single-family lots smaller than otherwise
allowed by the underlying zone;
Development of small-lot subdivisions in existing R- 1 neighborhoods when
compatible with adjacent land uses;
Development of small-lot subdivisions in multi-family zones (R-3, RD-M) as an
alternative product type to attached housing; and
Recognition that additional community amenities should be provided in exchange
for relief from compliance with standard residential zoning regulations.
The means for achieving these objectives is largely provided in the existing PDO and has
not been significantly changed. One exception is the final, sixth objective, which has
been connected to expanded standards that address the liveable communities requirement.
2. Major Provisions of the Ordinance. The amendment revises the existing PDO to
encourage development of more liveable neighborhoods, and promote neighborhood
compatibility for proposed infill development or redevelopment, while continuing to
provide a means for clustered development at appropriate urban densities.
The existing PDO does not require adjacent existing development to be considered when
applying the PD process to infill development. The revised PDO specifies that single-
family lots smaller than 7,500 square feet (the minimum lot size of the R-1 zone) are only
permitted in an R-1 zone when the project site is contiguous to a higher intensity land use
or an existing project of comparable or higher density. The revised PDO also provides
additional limitations on two-family and multifamily development in the R- 1 zone.
These limitations on infill development are incorporated into the PDO to ensure that new
housing in existing neighborhoods that is permitted through the PD process will be
compatible with existing neighborhoods and land uses.
Carlsbad LCPA 1 -2002A
Page 7
Requirements for street width, street design and trees in residential subdivisions have
been revised to allow narrower streets with parking on both sides, required parkways for
cadpedestrian separation, and appropriate street landscaping. These measures are
intended to slow traffic, increase pedestrian safety and provide a more pleasant visual
effect. To accommodate the parkway design within existing lot designs, the required
minimum front yard setback will be reduced from an average of 15 feet to 12 feet. Front-
loading garages are required to have a 20-foot setback. Corresponding development
standards provide increased side yard setback requirements and more specific
requirements for distance between multifamily structures.
Previously, the PDO did not require amenities such as front porches, open courtyards or
balconies. Under the revised PDO, at least 50% of newly built homes in a PD must
contain one or more of these features, to increase liveability and enhance visual appeal.
Front porches will be allowed to encroach 4 feet into the front yard setback. The
majority of garages must be recessed, in order to break up the massiveness and single-
plane effect of a typical home with a front-loading garage. The total percentage of homes
in a PD that will be permitted to have front-loading 3-car garages is reduced from 75% to
12.5%. Standards for recreational amenities associated with common areas and private
areas has been revised to provide, on average, larger private rear yards for single-family
homes and larger patios and balconies for multifamily homes. Additionally, at least 15%
of new homes must be single story. Prior to the revisions, there was no limitation on the
percentage of two-story homes that could be built in a PD.
Two companion City Council policies have been adopted in support of the PDO
amendment, which are incorporated into the LCP by reference. These are the Principles
for the Development of Liveable Neighborhoods, and an amendment to the existing
Small Lot Architectural Guidelines. The policies are intended to assist developers, staff
and the public in undersianding the concepts of a liveable neighborhood design, and in
creating liveable neighborhoods by strengthening existing design policies for building
mass and articulation. These requirements will be applied to all new single-family and
two-family development proposals; formerly, they were applied only to small-lot, high-
density planned developments.
Although the existing PDO provides building height and setback requirements, it does
not include a lot coverage standard which would control the massiveness and visual
impacts of very large homes on small lots in established neighborhoods. The revised
PDO establishes a new lot coverage standard of 40 percent for two-story homes, 50
percent for one-story homes, 50 percent for two-story homes on lots less than 5,000
square feet, and 60 percent for multiple family units. The PDO also increases the
minimum single family lot size from 3,500 to 5,000 to acknowledge these new
requirements and promote appropriate development intensity. The purpose of these
changes is to ensure that infill development or redevelopment in established
neighborhoods will be compatible in terms of lot coverage, building mass and external
appearance, and to provide enhanced liveability, pedestrian safety, visual interest and
connectivity in new subdivisions.
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3. Adequacy of Ordinance to Implement the Certified LUP. The standard of review.for
LCP implementation submittals or amendments is their consistency with and adequacy to
carry out the provisions of the certified LIP. In the case of the subject LCP amendment,
the City's Municipal Code serves as the Implementation Program for the LCP. The PDO
is contained within Chapter 21.45 of the City's Municipal Code.
The revised PDO will continue to support existing provisions in the certified LCP land
use plans for protection of steep hillsides, environmentally sensitive habitat areas
(ESHA), concentration of development and prevention of sprawl. All of the land use
segments in the certified LCP contain provisions for resource protection. These include
drainage and erosion controls, protection of steep slopes with native vegetation (dual-
criteria slopes), and protection of wetland and riparian resources. The revised PDO is
consistent with the LUPs, and is adequate to ensure that the provisions of the LUPs are
carried out.
B. COASTAL RESOURCES AND HABITAT PROTECTION
The PD permit process is intended to work within existing residential zoning
designations, and does not supersede the minimum or maximum allowable density set for
a particular zone. A PD permit is not required when proposed development meets both
the density requirements and the minimum lot size requirements of the underlying zone.
The PD process, therefore, is voluntarily entered into by a developer to maximize the
number of residential units that can feasibly be built on highly-constrained properties or
urban infill properties, where minimum lot sizes established by the underlying zone
would normally prevent full development of potential density. For any individual
property, it is the underlying zoning, and not the PD designation, that ultimately
continues to determine the total amount of development (intensity) that may be permitted
on a property. The ultimate impact of the PD process on a citywide basis will depend
upon the total number of developments and type of developments that choose to utilize it.
The primary purpose of the PD process is to provide a tool for specifying where
development should be located on constrained sites regardless of potential density, in
order to maximize development potential and protect environmental resources. As
previously stated, the PD process does not supersede existing requirements of the LUP
and other adopted measures for resource protection, and requires conformance with
density requirements of underlying zoning.
The changes to minimum lot sizes and setbacks may decrease the maximum number of
units that could potentially be built on an infill property or in a new subdivision, based
solely upon maximum potential buildout allowed by underlying zoning. As noted,
overall permitted density or maximum number of lots is not affected, and development
must still be consistent with other provisions of the underlying zoning designation and
the resource protection policies contained in the LCP. These requirements will continue
to be supported in the revised PDO.
The PD process also encourages concentrated development and urban infill by allowing
small-lot development where appropriate in developed urban neighborhoods, as an
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Page 9
alternative to multifamily or condominium-style development. No changes to zoning
standards or zone designations are proposed as part of this amendment, and no impacts
such as decreased affordable housing or increased environmental impacts are anticipated
to occur as a result of its approval. The PDO is not anticipated to create any conflicts
with the LCP's existing policies or plans.
For PDs in infill areas, additional design requirements will ensure that the PD process
minimizes impacts to neighbors and promotes healthy, liveable neighborhoods while
reducing urban sprawl. For those PDs on constrained properties, the effect of the PDO
will continue to be a potential increase in feasible density due to clustered housing
design, up to the maximum already allowed by zoning. However, the provisions of the
Resource Protection Ordinance (RPO) will still continue to apply, and it may not always
be possible to obtain maximum density on a particular property. For this reason, the PD
process must continue to be applied with the understanding that maximum density is not
permitted by right and without regard to the presence of resources which may be
protected by the LCP, but may be allowed on those properties where the intensity is
suitable to the surroundings and environmental impacts prohibited by the LCP will not
result. In order to determine the feasible development potential of a site, the actual
developable area should first be defined, based upon limiting factors such as onsite
environmentally sensitive habitat areas (ESHA) and topographical constraints,
appropriate buffers and setbacks, and brush management requirements. The PDO as
amended will continue to require all development to be consistent with all provisions of
the Resource Protection Ordinance, which may sometimes result in less density than
would otherwise be allowed apart from the RPO.
Approval of the PDO amendment will likely provide a greater overall benefit to existing
coastal neighborhoods and new coastal developments, will support existing density and
land use requirements in the LUP, and will continue to protect coastal resources and
sensitive areas in conjunction with and subject to the requirements of the RPO and the
certified LCP. Based upon the above findings, the Commission can support the requested
amendment, as submitted.
PART IV. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENT
QUALITY ACT (CEOA)
Section 21080.5 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. Instead, the CEQA responsibilities are
assigned to the Coastal Commission and 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.
Nevertheless, the Commission is required in a LCP submittal or, as in this case, a LCP
amendment submittal, to find that the LCP, or LCP, as amended, conforms to CEQA
provisions. The proposed Planned Development Ordinance amendment will not result in
an intensity of land use incompatible with the surrounding development, and on balance
Carlsbad LCPA 1-2002A
Page 10
will result in clustered development and maximize protection of coastal resources. The
Commission finds that there are no feasible alternatives or feasible mitigation measures
available which would substantially lessen any significant adverse effect which the LCP
amendment may have on the environment. Therefore, in terms of CEQA review, the
Commission finds that approval of the LCP amendment will not result in any significant
adverse environmental impacts.