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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 Carlsbad LCPA 1 -2002A 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 Page 6 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. Carlsbad LCPA 1 -2002A Page 8 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 Carlsbad LCPA 1 -2002A 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.