HomeMy WebLinkAbout2019-10-10; Housing Commission; ; INCLUSIONARY HOUSING AND DENSITY BONUS AMENDMENTSMeeting Date:
To:
From:
Staff Contact:
Subject:
HOUSING COMMISSION
October 10, 2019
Housing Commissioners
David de Cordova, Acting CED Director
Melanie Saucier, Associate Planner
melanie.saucier@carlsbadca.gov, 760-602-4605
INCLUSIONARY HOUSING AND DENSITY BONUS AMENDMENTS -Request for a
recommendation of approval of a General Plan Amendment, Zone Code
Amendment and Local Coastal Program Amendment to update the city's
inclusionary housing and density bonus zoning ordinance to reflect
changes in state law.
Recommended Action
That the Housing Commission ADOPT Housing Commission Resolution No. 2019-002 RECOMMENDING
APPROVAL of General Plan Amendment GPA 2019-0002, Zone Code Amendment ZCA 2017-0001 and
Loca l Coastal Program Amendment LCPA 2017-0001 to the City Council, based on the findings contained
therein.
Executive Summary
This project is a city-initiated General Plan Amendment, Zone Code Amendment and Local Coastal
Program Amendment to amend the text of the inclusionary housing zoning ordinance (Carlsbad Municipal
Code Chapter 21.85) and the density bonus zoning ordinance (Carlsbad Municipal Code Chapter 21.86). A
General Plan Amendment is required to ensure consistency between the changes to the inclusionary
housing ordinance and Housing Element Program 3.1. The purpose of the proposed amendments is to
ensure the city's inclusionary housing regulations are applied equally to rentals and ownership projects
and density bonus regulations are consistent with changes to state law.
lnclusionary Housing Background
General Plan Housing Element Program 3.1 and the inclusionary housing ordinance in Carlsbad Municipal
Code Chapter 21.85 currently limits the city's ability to require affordable housing requirements to all
residential rental projects. These limitations were initiated by city staff in order to comply with previous
case law and were approved by the previous Housing Commission, Planning Commission and City Council
in 2010. The previous amendments stem from a July 2009 Court of Appeal decision in Palmer/Sixth Street
Properties, L.P. v. City of Los Ange/es1. In this case, the court determined that local inclusionary
requirements for rental units are pre-empted by State law regarding rent control unless the developer
agrees by contract to limit rent in exchange for a "direct financial contribution" or any other forms of
1 Palmer/Sixth St. Properties, LP. v. City of Los Angeles, 175 Cal. App. 4th 1396, 1410-11, 96 Cal. Rptr. 3d
875, 886 (2009).
assistance specified in density bonus law. The California Supreme Court denied review of the decision
allowing it to remain valid law.
Since this time, the governor signed into law California State Legislative Bill AB 1505 on September 29,
2017. AB 1505 reinstated city's right to require that the development of residential rental units include a
certain percentage of affordable housing for persons and families of low or moderate income. This bill
restored local governments' ability to apply locally adopted inclusionary housing requirements, which
generally mandate that private housing developers include affordable units in their projects to rental
housing.
In order to reverse previous edits to the inclusionary ordinance approved by City Council on September
28, 2010, several sections of the ordinance text and General Plan Housing Element Program 3.1 are
proposed to be revised to reinstate the law as it was prior to Palmer/Sixth St. Properties, l.P. v. City of Los
Angeles. AB 1505 revokes the Palmer decision and allows cities to impose restrictions on rental projects
again. The amendment changes are primarily needed to clarify that the requirements apply equally to
rental and ownership projects.
Density Bonus Background
Since the city last updated its density bonus ordinance in September 2016, the governor has signed into
law several California State Legi~lative Bills related to density bonus law that are summarized in section Ill
below. These bills require cities to amend their ordinances to ensure local compliance with the state law
changes.
On September 28, 2016, Governor Brown amended the State Density Bonus Law (Government Code
Section 65915-65918} through the following bills:
• AB 2501
• AB 2442
• AB 2556
• AB 1934
In addition, on September 29, 2018, Governor Brown amended the State Density Bonus Law (Government
Code Section 65915-65918) through the following bills:
• AB 2797
• AB 2753
• SB 1227
Because the Zone Code text changes affect properties in the city's Coastal Zone, an amendment to the
Local Coastal Program is also required. The Zoning Ordinance implements the city's Local Coastal Program.
A Local Coastal Program Amendment (LCPA) is proposed to ensure consistency between the Zone Code
changes recommended and the Local Coastal Program. A six-week LCPA public noticing period was
conducted and no public comments were received during that period.
Recommended revisions to the inclusionary housing and density bonus ordinance will be effective
throughout the city including within the coastal zone. For properties outside the Coastal Zone, the
ordinance will apply 30 days after the second reading. Inside the Coastal Zone, the ordinance will not
apply to properties until is it approved by the California Coastal Commission. Following a City Council
action of approval, staff will submit the ordinance to the Coastal Commission.
Analysis
The amendments are necessa ry to be co nsistent with and implement state housing law. As described
above, several new housing laws related to inclusionary housing and density bonuses require
amendments to the General Plan, Zone Code and Local Coasta l Program. The changes to state law and
proposed amendment are described below.
The proposed amendments to the Genera l Plan are provided in strikethrough/underline format
(Attachment 2). The proposed amendments to t he Zone Code and Local Coastal Program are provided in
strikethrough/underli ne format (Attachment 3) and are summarized in the tables below.
lnclusionary Housing Analysis
TABLE A-INCLUSIONARY HOUSING STATE LAW 2018
Effective Date Bill Number and Summary of lnclusionary Housing Bill
Sponsor
Effective AB 1505 (Bloom) AB 1505 supersedes the Palmer decision to the extent
January 1, 2018 that decision conflicts with a local jurisdiction's
authority to impose inclusionary housing ordinances.
Reaffirm s loca l agencies' authority to apply affordable
housing requirements to residential rental projects.
Specifies that cities may adopt ordinances that require,
as a co ndition of the development of residential rental
un its, that the development include a certain
percentage of residential rental units affordable to, and
occupied by, households at or below moderate-income
levels. AB 1505 requ ires inclusionary housing
ordinances to provide alternative mea ns of compliance
that may include in-lieu fees, land dedication, off-site
development of units, or rehabilitation of existing units.
The inclusionary housing ordinance and general plan amendment changes are needed to clarify that the
affordable housing requirements apply equally to rental and ownership projects. The changes would not
affect key inclusionary housing provisions such as the percentage and affordability of inclusionary units
that new development must provide, affordability tenure, and resa le restrictions. The proposed
amendment to the inclusionary housing ordinance is consistent w ith the General Plan Housing Element
Program 3.1 as amended.
Density Bonus Ana lysis
TABLE B-DENSITY BONUS STATE LAWS 2017-2019
Effective
Date Bill Number and Sponsors Summary of Density Bonus Bills
AB 2501 (Bloom and Low) Streamlines density bonus process and further clarifies the
items be low:
• Pro hibits cities from requiring developers to prepare
additional reports to qualify for a density bonus,
while allowing government agencies to req uire
applicants to provide reasonable documentation.
• Raises the bar for cities to refuse to grant incentives
and concessions requested by an applicant. The law
formerly allowed government agencies to reject
incentives and concessions which it found were not
"required in order to provide for affordable housing
costs." Now cities can only deny a requested
incentive or concession that "does not result in
identifiable and actual cost reductions." Further, it
requires that cities bear the burden of proof for
denying a requested incentive or concession.
• Clarifies that a developer may elect to receive no
density bonus at all, while receiving other benefits of
the law.
• Allows mixed-use developments to qualify for the
Effective density bonus.
January Clarifies that a request for a parking reduction does not count
1,2017 toward the incentives and concessions to which the applicant
is entitled.
AB 2442 (Holden) Expands the application of the Density Bonus Law to housing
developments where at least 10% of the units are made
available for transitional foster youth, disabled veterans or
homeless persons, and rents are restricted at the very low
income level. Those projects are entitled to a 20% density
bonus.
AB 2556 (Nazarian) Makes changes clarifying the Density Bonus Law
requirements for replacement of affordable housing units. It
establishes a rebuttable presumption for the income level of
the replacement unit when the income level of the actual
prior resident is unknown.
AB 1934 (Santiago) Provides a development bonus to a commercial developer
who partners with affordable housing developers to
construct affordable housing either on the commercial site or
at an appropriate offsite location. The development bonus
may include up to a 20% increase in development intensity,
floor area ratio, or height limits, up to a 20% reduction in
parking requirements, or an exception to a zoning ordinance
or land use requirement, as mutually agreed upon by the
developer and the jurisdiction.
AB 2797 (Bloom) Requires that any density bonus, concessions, incentives,
waivers or reductions of development standards, and parking
ratios to which an applicant is entitled under the Density
Bonus Law be permitted in a manner that is consistent with
that law and the California Coastal Act of 1976.
Effective AB 2753 (Friedman) Requires a city to provide the applicant with a determination
January as to the amount of density bonus and any parking ratios
1,2019 requested by the applicant for which the development is
eligible and whether the applicant has provided adequate
information to make a determination as to any incentives,
concessions, or waivers or reductions of development
standards requested by the applicant.
SB 1227 (Skinner) Requires cities to grant a 35% density bonus for student
housing developments that will include at least 20% of the
units for low income college students.
The proposed density bonus amendments are consistent with the General Plan and directly implement
General Plan Housing Element Program 3.3, which requires the city to ensure consistency w ith state
density bonus law.
Airport Influence Area
The proposed amendments affect land within the Airport Influence Area, which covers a large portion of
Carlsbad and includes residential properties; however, the amendment is consistent with the adopted
McClellan-Palomar Airport Land Use Compatibility Plan in that it does not propose any land use or
development standard changes that affect compatibility with the Plan's safety, noise, airspace protection
and overflight criteria . Th e Airport Land Use Commission reviewed the amendment and found it to be
consistent with the Airport Land Use Compatibility Plan.
SB 18 Consultation
Government Code 65352.3 and 65352.4 require loca l governments to consult with California Native
American tribes identified by the Native American Heritage Commission for the purpose of avoiding,
protecting, and/or mitigating impact s to cultural places when creating or amending General Plans, Specific
Plans and Community Plans. The city complied with requirements of SB 18 and the 90-day co nsultation
period. Several tribes responded within the 90-day period that they decline or do not wish to consult. See
correspondence letters in Attachment 4.
Environmental Review
The City Planner has determined that the project is a minor zone code and general plan amendment that
refines or clarifies existing land use standards and would have no significant effect on the environment.
Therefore, t he project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15061(b)(3) and Carlsbad Municipal Code Section 19.04.070 A.l.c.i.
Attachments
l. Housi ng Commission Resolution No. 2019-002
a. Exhibit 1-General Plan Amendment Housing Element Program 3.1 lnclusionary Housing
GPA 2019-0002
b. Exhibit 2 -Draft City Council Ordinance adopting lnclusionary Housing and Density Bonus
Amendment ZCA 2017-0001/LCPA 2017-0001
2. Proposed text changes to the General Plan shown in strikeout/underline format
3. Proposed text cha nges to the Zone Code shown in strikeout/underline format
4. Correspondence
HOUSING COMMISSION RESOLUTION NO. 2019-002
A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL
PLAN AMENDMENT, A ZONE CODE AMENDMENT AND A LOCAL COASTAL
PROGRAM AMENDMENT TO ENSURE CONSISTENCY WITH STATE LAW
RELATED TO INCLUSIONARY HOUSING AND DENSITY BONUSES.
CASE NAME: INCLUSIONARY HOUSING AND DENSITY BONUS
AMENDMENTS
CASE NO: GPA 2019-0002/ZCA 2017-0001/LCPA 2017-
0001 (PUB17Y-0004}
Attachment 1
WHEREAS, the City Planner, has prepared a proposed amendment to the General Plan,
Zone Code and Local Coastal Program pursuant to Chapter 21.52 of the Carlsbad Municipal Code to ensure
consistency with state laws related to inclusionary housing and density bonus; and
WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as
provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title
14, Division 5.5; and
WHEREAS, the proposed General Plan Amendment, is set forth in Exhibit "1" of this
resolution, dated October 2, 2019, and attached hereto as GPA 2019-0002; and
WHEREAS, the proposed Zone Code Amendment and Local Coastal Program Amendment
are consistent with state inclusionary housing law and density bonus law and are set forth in the draft
City Council Ordinance, Exhibit "2" dated, October 2, 2019, and attached hereto as INCLUSIONARY
HOUSING AND DENSITY BONUS AMENDMENTS -ZCA 2017-0001/LCPA 2017-0001; and
WHEREAS, California Coastal Commission Regulations require a six-week public review
period for any amendment to the Local Coastal Program; and
WHEREAS, on June 5, 2019, the Airport Land Use Commission reviewed and found that
the proposed General Plan Amendment and Zone Code Amendment are consistent with the adopted
McClellan-Palomar Airport Land Use Compatibility Plan; and
WHERAS, the Housing Commission did on October 10, 2019, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of
Carlsbad as follows:
A)
B)
C)
Findings:
That the foregoing recitations are true and correct.
At the end of the state-mandated six-week review period for the Local Coastal Program
Amendment, starting on June 7, 2019 and ending on July 19, 2019 staff shall present to
the City Council a summary of the comments received.
That based on the evidence presented at the public hearing, the Housing Commission
RECOMMENDS APPROVAL of INCLUSIONARY HOUSING AND DENSITY BONUS
AMENDMENTS -GPA 2019-0002/ZCA 2017-0001/LCPA 2017-0001 (PUB17Y-0004),
based on the following findings:
1. GPA 2019-0002, ZCA 2017-0001 and LCPA 2017-0001 reflect sound principles of good planning in
that it amends the General Plan to ensure consistency between the changes to the inclusionary
housing ordinance and Housing Element Program 3.1 and makes necessary changes to the Zone
Code to implement state law.
2. ZCA 2017-0001 is consistent with the General Plan in that Land Use and Community Design
Element Residential Policy 2-P.6 directs the City to encourage the provision of low and
moderate income housing to meet Housing Element objectives. In Carlsbad, affordable (lower
income) housing is primarily achieved through inclusionary housing requirements. ZCA 2017-
0001 is consistent with the General Plan Housing Element Program 3.1 as amended.
3. ZCA 2017-0001 is consistent with the General Plan in that the proposed amendments implement
the General Plan Housing Element Program 3.3, which requires the city to ensure consistency
with state density bonus law.
4. ZCA 2017-0001 ensures consistency with the McClellan-Palomar Airport Land Use
Compatibility Plan.
5. LCPA 2017-0001 ensures the Carlsbad Local Coastal Program and the Zone Code are
consistent.
HC RESO NO. 2019-002 -2-
6. LCPA 2017-0001 meets the requirements of, and is in conformity with, the policies of
Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program
not being amended by-this amendment, in that the amendment ensures consistency with
the Zone Code, inclusionary housing law and state density bonus law and does not conflict
with any Coastal Zone regulations, land use designations or policies, with which
development must comply.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing
Commission of the City of Carlsbad, held on October 10, 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kristy Randall, Chairperson
CARLSBAD HOUSING COMMISSION
ATTEST:
David de Cordova
Acting Housing & Neighborhood Services Director
HC RESO NO. 2019-002 -3-
EXHIBIT 1
October 10, 2019
General Plan Amendment -GPA 2019-0002
Amendments to the Housing Element Program 3.1
General Plan Housing Element Program 3.1 of the "lnclusionary Housing Ordinance" section is amended
to read as follows:
The city will co ntinue t o implement its lnclusionary Housing Ord inance, which requires a minimum
of 15 percent of all residential projects of seven or more units be restricted and affordable to lower
income households. This program requires an agreement between all residential developers subject
to this inclusionary requirement and the city which stipulates:
• The number of required lower inco me inclusionary units;
• The designated sites for the location of the un its;
• A phasing schedule for production of the units; and
• The term of affordability for the units.
For all residential projects of fewer than seven units, payment of a fee in lieu of inclusionary units is
permitted. Th e fee is ba sed on a detailed study that calculated the difference in cost to produce a
market rate rental unit versus a lower-income affordable unit. As of 2016, the in-lieu fee per market-
rate dwelling unit was $4,515. The fee amount may be modified by the City Council from time-to-
time and is collected at the time of building permit issuance for the market rate units. The city will
continue to utilize inclusionary in-lieu fees collected to assist in the development of affordable units.
The city w ill also continue to consider other in-lieu contributions allowed by the lnclusionary
Housing Ordina nce, such as an irrevocable offer to dedicate developable land.
Funding: Departmental budget
Lead Agency: Planning Division, Housing and Neighborhood Services Division
Objectives and Time Frame:
• Based on SANDAG's Regional 2050 Growth Forecast and 2010 housing estimates, the city
anticipates 3,847 new housing units to be developed between 2010 and 2020, potentially
generating 577 inclusionary units.
• Adjust the inclusionary housing in-lieu fee as necessa ry and appropriate to reflect market
conditions and ensure fees co llected are adequate to facilitate the development of affordable
units.
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C_ARLSBAD,
CALIFORNIA, APPROVING A ZONE CODE AMENDMENT AND LOCAL
COASTAL PROGRAM AMENDMENT TO ENSURE CONSISTENCY WITH
STATE LAW RELATED TO INCLUSIONARY HOUSING AND DENSITY BONUS.
CASE NAME: INCLUSIONARY HOUSING AND DENSITY BONUS
AMENDMENTS
CASE NO.: ZCA 2017-0001/LCPA 2017-0001 {PUB17Y-0004)
EXHIBIT 2
WHEREAS, the City Planner has prepared a Zone Code Amendment (ZCA 2017-0001)/Local
Coastal Program Amendment (LCPA 2017-0001) pursuant to Chapter 21.52 of the Carlsbad Municipal
Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations
Title 14, Division 5.5; and
WHEREAS, the Carlsbad Zone Code is the implementing ordinance of the Carlsbad Local Coastal
Program, and therefore, an amendment to the Zone Code also constitutes an amendment to the Local
Coastal Program; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program Amendment began on June 7, 2019 and ended on July 19, 2019;
and
WHEREAS, the Airport Land Use .Commission has reviewed the Zone Code Amendment for
consistency; and
WHEREAS, on October 2, 2019, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2017-0001/LCPA 2017-0001; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7334
recommending to the City Council that ZCA 2017-0001/LCPA 2017-0001 be approved; and
WHEREAS, on October 10, 2019, the Housing Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2017-0001/LCPA 2017-0001; and
WHEREAS, the Housing Commission adopted Housing Commission Resolution No. 2019-002
recommending to the City Council that ZCA 2017-0001/LCPA 2017-0001 be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider ZCA 2017-0001/LCPA 2017-0001; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors, including written public
comments, if any, related to ZCA 2017-0001/LCPA 2017-0001; and
NOW THEREFORE, the City Council of the City of Carlsbad, California, ordains as
follows that:
1. The above recitations are true and correct.
2. The findings of the Planning Commission in Planning Commission Resolution No.
7334 shall also constitute the findings of the City Council.
3. Carlsbad Municipal Code Section 21.85.010 is amended to read as follows:
21.85.010 Purpose and intent.
The purpose and intent of this chapter is as follows:
A. It is an objective of the city, as established by the housing element of the city's general plan,
to ensure that all residential development, including all master planned and specific planned
communities and all residential subdivisions provide a range of housing opportunities for all
identifiable economic segments of the population, including households of lower and moder~te
income. It is also the policy of the city to:
1. Require that a minimum of fifteen percent of all approved residential development as
set forth in Section 21.85.030{A) be restricted to and affordable to lower-income
households; subject to adjustment based on the granting of an inclusionary credit;
2. Require that for those developments which provide ten or more units affordable to
lower-income households, at least ten percent of the lower-income units shall have three
or more bedrooms;
3. Under certain conditions, allow alternatives to on-site construction as a means of
providing affordable units; and
4. In specific cases, allow inclusionary requirements to be satisfied through the payment
of an in-lieu fee as an alternative to requiring inclusionary units to be constructed.
B. It is the purpose of this chapter to ensure the implementation of the city objective and policy
stated in subsection A.
C. Nothing in this chapter is intended to create a mandatory duty on the part of the city or its
employees under the Government Tort Claims Act and no cause of action against the city or its
employees is created by this chapter that would not arise independently of the provisions of this
chapter. (Ord. CS-109 § II, 2010; Ord. NS-794 § 2, 2006; Ord. NS-535 § 1, 2000)
4. Carlsbad Municipal Code Section 21.85.030 is amended to read as follows:
21.85.030 lnclusionary housing requirement.
The inclusionary housing requirements of this chapter shall apply as follows:
A. This chapter shall apply to all housing development projects that result in the construction of
new residential units, including mixed use projects that include residential units and the
conversion of apartments to condominiums.
8. For any residential development or development revision of seven or more units as set forth
in subsection A, not less than fifteen percent of the total units approved shall be constructed
and restricted both as to occupancy and affordability to lower-income households.
C. For those developments which are required to provide ten or more units affordable to lower-
income households, at least ten percent of the lower-income units shall have three or more
bedrooms.
D. This chapter shall not apply to the following:
1. Existing residences which are altered, improved, restored, repaired, expanded or
extended, provided that the number of units is not increased, except that this chapter shall
pertain to the subdivision of land for the conversion of apartments to condominiums;
2. Conversion of a mobile home park pursuant to Section 21.37.120 of the code;
3. The construction of a new residential structure which replaces a residential structure
that was destroyed or demolished within two years prior to the application for a building
permit for the new resi~ential structure, provided that the number of residential units is not
increased from the number of residential units of the previously destroyed or demolished
residential structure;
· 4. Any residential unit which is accessory as defined in Section 21.04.020 of this code;
5. Accessory dwelling units not constructed to fulfill inclusionary housing requirements
and developed in accordance with Section 21.10.030 of this code;
6. Any project or portion of a project which is a commercial living unit as defined in
Section 21.04.093 of this code; and
7. Those residential units which have obtained affordable housing approvals prior to the
effective date of the ordinance codified in this chapter, as set forth in Section 21.85.160 of
this chapter. (Ord. CS-109 §§ IV-VI, 2010; Ord. NS-535 § 1, 2000)
5. Carlsbad Municipal Code Section 21.85.040 is amended to read as follows:
21.85.040 Affordable housing standards.
The affordable housing standards are as follows:
A. All qualifying residential developments pursuant to Section 21.85.030(A) are subject to and
must satisfy the inclusionary housing requirements of this chapter, notwithstanding a
developer's request to process a residential development under other program requirements,
laws or regulations, including but not limited to Chapter 21.86 (Residential Density Bonus) of
this code. If an applicant seeks to construct affordable housing to qualify for a density bonus
in accordance with the provisions of Chapter 21.86 (Residential Density Bonus), those
affordable dwelling units that qualify a residential development for a density bonus shall also
be counted toward satisfying the inclusionary housing requirements of this chapter.
B. Whenever reasonably possible, inclusionary units should be built on the residential
development project site.
C. The required inclusionary units shall be constructed concurrently with market-rate units
unless both the final decision-making authority of the city and developer agree within the
affordable housing agreement to an alternative schedule for development.
D. lnclusionary rental units shall remain restricted and affordable to the designated income
group for fifty-five years. In addition to the income of a targeted group, limitations on assets
may also be used as a factor in determining eligibility for rental or ownership units.
Notwithstanding anything to the contrary in this chapter, no inclusionary unit shall be rented
for an amount which exceeds ninety percent of the actual rent charged for a comparable
market unit in the same development, if any.
E. After the initial sale of the inclusionary ownership units at a price affordable to the target
income level group, inclusionary ownership units shall remain affordable to subsequent
income eligible buyers pursuant to a resale restriction with a term of thirty years or ownership
units may be sold at a market price to other than targeted households provided that the sale
shall result in the recapture by the city or its designee of a financial interest in the units equal
to the amount of subsidy necessary to make the unit affordable to the designated income
group and a proportionate share of any appreciation. Funds recaptured by the city shall be
used in assisting other eligible households with home purchases a_t affordable prices. To the
extent possible, projects using ownership units to satisfy inclusionary requirements shall be
designed to be compatible with conventional mortgage financing programs including
secondary market requirements.
F. lnclusionary units should be located on sites that are in proximity to or will provide access to
employment opportunities, urban services, or major roads or other transportation and
commuter rail facilities and that are compatible with adjacent land uses.
G. The design of the inclusionary units shall be reasonably consistent or compatible with the
design of the total project development in terms of appearance, materials and finished
quality.
H. lnclusionary projects shall provide a mix of number of bedrooms in the affordable dwelling
units in response to affordable housing demand priorities of the city.
I. No building permit shall be issued, nor any development approval granted for a development
which does not meet the requirements of this chapter. No inclusionary unit shall be rented or
sold except in accordance with this chapter. (Ord. CS-109 §§ VII-IX, 2010; Ord. NS-794 § 4,
2006; Ord. NS-535 § 1, 2000)
6. Carlsbad Municipal Code Section 21.85.050 is amended to read as follows:
21.85.0S0 Calculating the required number of inclusionary units.
Subject to adjustments for an inclusionary credit, the required number of lower-income inclusionary
units shall be fifteen percent of the total residential units approved by the final decision-making
authority, including density bonus units. If the inclusionary units are to be provided within an off-site
combined or other project, the required number of lower-income inclusionary units shall be fifteen
percent of the total residential units to be provided both on-site and/or off-site. Subject to the
maximum density allowed per the growth management control point or per specific authorization
granted by the planning commission or city council, fractional units for both market rate and
inclusionary units of 0.5 will be rounded up to a whole unit. If the rounding calculation results in a
total residential unit count which exceeds the maximum allowed, neither the market rate nor the
inclusionary unit count will be increased to the next whole number.
Example 1: Total residential units= fifteen percent inclusionary units plus eighty-five percent market-
rate units. If the final decision-making authority approves one hundred total residential units, then
the inclusionary requirement equals fifteen percent of the "total" or fifteen units (100 x .15 = 15). The
allowable market-rate units would be eighty-five percent of the "total" or eighty-five units.
Example 2: If the inclusionary units are to be provided off-site, the total number of inclusionary units
shall be calculated according to the total number of market-rate units approved by the final decision-
making authority. If one hundred market-rate units are approved, then this total is divided by .85
which provides a total residential unit count (100 + .85 = 117). The fifteen percent requirement is
applied to this "total" (one hundred seventeen units) which equals the inclusionary unit requirement
(117 x .15 = 17.6 units).
7. Carlsbad Municipal Code Chapter 21.86 is amended to read as follows:
Chapter 21.86 Density Bonus
Amended sections are 21.86.010, 21.86.020, 21.86.030, 21.86.040, 21.86.050, 21.86.070, 21.86.075,
21.86.090, 21.86.110, and 21.86.120.
21.86.010 Purpose and intent.
A. The public good is served when there exists in a city, housing which is appropriate for the
needs of and affordable to all members of the public who reside within that city. Among other
needs, there is in Carlsbad a need for housing affordable to lower-income households, and
special needs groups, including homeless persons, foster youth, disabled veterans, lower income
students and senior citizens. Therefore, it is in the public interest for the city to promote the
construction of such additional housing through the exercise of its powers and the utilization of
its resources.
B. It is the purpose of this chapter to provide a means for granting density bonuses and
incentives or concessions to developers for the production of housing affordable to lower-and
moderate-income households, homeless persons, foster youth, disabled veterans, lower income
students and senior citizens.
C. It is the purpose of this chapter to implement the goals, objectives, policies and programs of
the housing element of the city's general plan.
D. It is the purpose of this chapter to implement Sections 65915 through 65918 of the California
Government Code.
E. This chapter is not intended to create a mandatory duty on behalf of the city or its employees
under the Government Tort Claims Act and no cause of action against the city or its employees is
created by this chapter that would not arise independently of the provisions of this chapter.
F. This chapter does not supersede or in any way alter or lessen the effect or application of the
California Coastal Act of 1976. Any density bonus, concessions, incentives, waivers or reductions
of development standards, and parking ratios to which the applicant is entitled under this
section shall be permitted in a manner that is consistent with this chapter and Division 20
(commencing with Section 30000) of the Public Resources Code. (Ord. CS-242 § 3, 2014; Ord. NS-
794 § 11, 2006)
21.86.020 Definitions.
A. Whenever the following terms are used in this chapter, they shall have the meaning
established by this section:
1. "Affordable housing" means housing for which the allowable housing expenses paid by
a qualifying household shall not exceed a specified fraction of the county median income,
adjusted for household size, as follows:
a. Extremely low-income, rental and for-sale units: the product of thirty percent
times thirty percent of the county median income, adjusted for household size.
b. Very low-income, rental and for-sale units: the product of thirty percent times
fifty percent of the county median income, adjusted for household size.
c. Low-income, rental units: the product of thirty percent times sixty percent of
the county median income, adjusted for household size.
d. Low-income, for-sale units: the product of thirty percent times seventy percent
of the county median income, adjusted for hou_sehold size.
e. Moderate-income, for-sale units: allowable housing
expenses shall not be less than twenty-eight percent of the gross income of the
household, nor exceed the product of thirty-five percent times one hundred ten
percent of the county median income, adjusted for household size.
2. "Allowable housing expense" means the total monthly or annual recurring expenses
required of a household to obtain shelter. For a for-sale unit, allowable housing expenses
include loan principal and interest at the time of initial purchase by the homebuyer,
allowances for property and mortgage insurance, property taxes, homeowners' association
dues and a reasonable allowance for utilities as defined by the Code of Federal Regulations
(24CFR982). For a rental unit, allowable housing expenses include rent and a utility
allowance as established and adopted by the City of Carlsbad housing authority, as well as
all monthly payments made by the tenant to the lessor in connection with use and
occupancy of a housing unit and land and facilities associated therewith, including any
separately charged fees, utility charges, or service charges assessed by the lessor and
payable by the tenant.
3. "Child day care center" shall have the same meaning as defined in Section
21.83.020(D) of this title.
4. "Common interest development" means any of the following (as defined in Section
4100 of the California Civil Code):
a. A community apartment project;
b. A condominium project;
c. A planned development;
d. A stock cooperative.
5. "Conversion" means the change of occupancy of a dwelling unit from owner-occupied
to rental or vice versa.
6. "Density bonus" means an increase over the maximum allowable gross residential
density as specified by the land use element of the general plan in effect at the time of
application submittal or if elected by the applicant, a lesser percentage of density increase,
including but not limited to, no increase in density.
7. "Density bonus dwelling units" means those residential units granted pursuant to the
provisions of this chapter, which are above the maximum allowable residential density of
the project site.
8. "Density bonus housing agreement" means a legally binding agreement between a
developer and the city to ensure that the density bonus requirements of this chapter are
satisfied. The agreement establishes, among other things, the number of target dwelling
units and density bonus dwelling units, the unit sizes, location, affordability tenure, terms
and conditions of affordability and unit production schedule.
9. "Development standard" means a site or construction condition/requirement that
applies to a housing development pursuant to any ordinance, general plan element, master
or specific plan, or other city condition, requirement, law, policy, resolution or regulation. A
"development standard" may include, but is not limited to a height limitation, a setback
requirement, a floor area ratio, an onsite open space requirement or a parking ratio.
10. "Equivalent size" means that replacement units contain at least the same total number
of bedrooms as the units being replaced.
11. "Extremely low-income household" means those households whose gross income is
equal to or less than thirty percent of the median income for San Diego County as
determined annually by the U.S. Department of Housing and Urban Development.
12. "Floor area ratio" means the ratio of gross building area of the eligible housing
development, excluding structured parking areas, proposed for the project divided by the
net lot area. For purposes of this paragraph, "gross building area" means the sum of all
finished areas of all floors of a building included within the outside faces of its exterior
walls.
13. "Housing development" means a development project for five or more residential
units, including mixed-use developments, and may also include the following:
a. A subdivision or common interest development consisting of residential units
or unimproved lots; or
b. A project to either substantially rehabilitate and convert an existing commercial
building to residential use; or
c. A project to substantially rehabilitate an existing two-family or multiple-family
dwelling structure(s), where the rehabilitation results in a net increase to five or more
available residential units.
14. "Incentives or concessions" means such regulatory incentives or concessions as
stipulated in California Government Code Section 65915{k), to include, but not be limited
to, the reduction of site development standards or zone code requirements or architectural
design requirements, approval of mixed use zoning in conjunction with the housing project
if commercial, office, industrial, or other land uses will reduce the cost of the housing
development and if the commercial, office, industrial, or other land uses are compatible
with the housing project and the existing or planned development in the area where the
proposed housing project will be located, or any other regulatory incentive or concession
which would result in identifiable and actual cost reductions to provide for affordable
housing costs or rents for the targeted units.
15. "Income" means any monetary benefits that qualify as income in accordance with the
criteria and procedures used by the City of Carlsbad housing and neighborhood services
department for the acceptance of applications and recertifications for the tenant based
rental assistance program, or its successor.
16. "Low-income household" means those households whose gross income is more than
fifty percent but does not exceed eighty percent of the median income for San Diego
County as determined annually by the U.S. Department of Housing and Urban
Development.
17. "Lower-income household" means low-income, very low-income and extremely low-
income households, whose gross income does not exceed eighty percent of the median
income for San Diego County as determined annually by the U.S. Department of Housing
and Urban Development.
18. "Lower income students" means students who have a household income and asset level
that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in
paragraph (1) of subdivision (k) of Section 69432. 7 of the Education Code.
19. "Market-rate unit" means a dwelling unit where the rental rate or sales price is not
restricted either by this chapter or by requirements imposed through other local, state or
federal affordable housing programs.
20. "Maximum allowable residential density" means the maximum density of the density
range allowed by the general plan land use designation(s) applicable to a project site. All
environmentally constrained lands identified as undevelopable in the general plan, local
coastal program, and zoning ordinance shall be excluded from the total area of the project
site when calculating maximum density.
21. "Moderate-income household" means those households whose gross income is more
than eighty percent but does not exceed one hundred twenty percent of the median
income for San Diego County as determined annually by the U.S. Department of Housing
and Urban Development.
22. "Qualifying resident" means a resident as defined in Chapter 21.84 of this title and
Section 51.2 of the California Civil Code.
23. "Target dwelling unit" means a dwelling unit that will be offered for rent or sale
exclusively to and which shall be affordable to the designated income group or qualified
(senior) resident, as required by this chapter.
24. "Total units" means the number of dwelling units in a housing development, excluding
the density bonus dwelling units awarded pursuant to this chapter or any other local
ordinance granting a greater density bonus.
25. "Very low-income household" means a household earning a gross income equal to fifty
percent or less of the median income for San Diego County as determined annually by the
U.S. Department of Housing and Urban Development. (Ord. CS-242 § 4, 2014; Ord. CS 164 §
12, 2011; Ord. NS-889 § 2, 2008; Ord. NS-794 § 11, 2006)
21.86.030 lnclusionary housing.
All housing development projects are subject to Chapter 21.85 -lnclusionary Housing, including
projects that also qualify for a density bonus under this chapter. The affordable housing requirements
of the two chapters are not cumulative. If an applicant seeks to construct affordable housing to
qualify for a density bonus in accordance with the provisions of this chapter, those affordable
dwelling units provided to meet the inclusionary requirement established pursuant to
Chapter 21.85 of this title shall also be counted toward satisfying the density bonus requirements of
this chapter. For projects that qualify for a density bonus, the inclusionary housing requirement shall
be based on the total residential units approved for the project, including any density bonus dwelling
units awarded pursuant to this chapter. (Ord. CS-242 § 5, 2014; Ord. NS-794 § 11, 2006)
21.86.040 Density bonus for housing developments.
A. The decision-making body shall grant one density bonus, as specified in subsection B of this
section, and incentives or concessions, as set forth in Section 21.86.050 of this chapter, when an
applicant seeks and agrees to construct a housing development of at least five units, excluding any
units permitted by the density bonus awarded pursuant to this chapter, that will contain at least any
one of the following:
1. A minimum of ten percent of the total units of the housing development as restricted
and affordable to lower-income households;
2. A minimum of five percent of the total units of the housing development as restricted
and affordable to very low-income households;
3. A senior citizen housing development as defined in Section 21.84.030(A)(7) of this title
and Section 51.3 and 51.12 of the California Civil Code, or mobile home park that limits
residency based on age requirements for housing for older persons pursuant to Section
798.76 or 799.5 of th~ California Civil Code;
4. A minimum of ten percent of the total units in a common interest development
restricted and affordable to moderate-income households, provided that all units in the
development are offered to the public for purchase;
5. A minimum of ten percent of the total units of a housing development for transitional
foster youth, as defined in Section 66025.9 of the California Education Code, disabled
veterans, as defined in Section 18541, or homeless persons, as defined in the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units
described in this paragraph shall be subject to a recorded affordability restriction of 55
years and shall be provided at the same affordability level as very low-income units; or
6. Twenty percent of the total units for lower income students in a student housing
development that meets the following requirements:
(i) All units in the student housing development will be used exclusively for
undergraduate, graduate, or professional students enrolled full-time at an institution
of higher education accredited by the Western Association of Schools and Colleges or
the Accrediting Commission for Community and Junior Colleges. In order to be eligible
under this subparagraph, the developer shall, as a condition of receiving a certificate
of occupancy, provide evidence to the city that the developer has entered into an
operating agreement or master lease with one or more institutions of higher
education for the institution or institutions to occupy all units of the student housing
development with students from that institution or institutions. An operating
agreement or master lease entered into pursuant to this subparagraph is not violated
or breached if, in any subsequent year, there are not sufficient students enrolled in an
institution of higher education to fill all units in the student housing development.
(ii) The applicable twenty percent units will be used for lower income students. For
purposes of this paragraph, "lower income students" means students who have a
household income and asset level that does not exceed the level for Cal Grant A or Cal
Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section
69432. 7 of the Education Code. The eligibility of a student under this paragraph shall
be verified by an affidavit, award letter, or letter of eligibility provided by the
institution of higher education that the student is enrolled in, as described in
subparagraph (i), or-by the California Student Aid Commission that the student
receives or is eligible for financial aid, including an institutional grant or fee waiver,
from the college or university, the California Student Aid Commission, or the federal
government shall be sufficient to satisfy this subparagraph.
(iii) The rent provided in the applicable units of the development for lower income students
shall be calculated at thirty percent of sixty-five percent of the area median income for a
single-room occupancy unit type.
(iv) The development will provide priority for the applicable affordable units for lower
income students experiencing homelessness. A homeless service provider, as defined in
paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code, or
institution of higher education that has knowledge of a person's homeless status may verify
a person's status as homeless for purposes of this subparagraph.
(v) For purposes of calculating a density bonus granted pursuant to this paragraph, the
term "unit" as used in this section means one rental bed and its pro rata share of
associated common area facilities. The units described in this paragraph shall be subject to
a recorded affordability restriction of 55 years.
8. When an applicant seeks and agrees to construct a housing development meeting the criteria
specified in subsection A of this section, the decision-making body shall grant a density bonus
subject to the following:
1. The amount of density bonus to which a housing development is entitled shall vary
according to the amount by which the percentage of affordable housing units exceeds the
percentages established in subsection A of this section, as follows:
a. For housing developments meeting the criteria of subsection (A)(l) of this
section, the density bonus shall be calculated as follows:
Table A
Density Bonus for Housing Developments with Units Affordable to Low-Income Households
Percentage of Low-Income Units
(Minimum 10% required)
Percentage of Density Bonus to be Granted
(Additional 1.5% density bonus for each 1%
increase above the 10% minimum)
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
b. For housing developments meeting the criteria of subsection (A)(2) of this
section, the density bonus shall be calculated as follows:
Table B
Density Bonus for Housing Developments with Units Affordable to Very Low-Income Households
Percentage of Very Low-Income Units Percentage of Density Bonus to be Granted
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
c. For housing developments meeting the criteria of subsection (A)(3) of this
section, the density bonus shall be twenty percent of the number of senior housing
units.
d. For housing developments meeting the criteria of subsection (A)(4) of this
section, the density bonus shall be calculated as follows:
Table C
Density Bonus for Common Interest Developments with Units
Affordable to Moderate-Income Households
Percentage of Moderate-Income Units Percentage of Density Bonus to be Granted
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
Percentage of Moderate-Income Units Percentage of Density Bonus to be Granted
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
e. For housing developments meeting the criteria of subsection (A}(S) of this
section, the density bonus shall be twenty percent of the number of the type of units
giving rise to a density bonus under that subsection.
f. For housing developments meeting the criteria of subsection (A}(6) of this
section, the density bonus shall be thirty-five percent of the student housing units.
2. The amount of density bonus to which a housing development is entitled shall not
exceed thirty-five percent.
3. The applicant may elect to accept a lesser percentage of density bonus than specified
in this subsection.
4. If a housing development includes a combination of target dwelling unit types that
meet two or more of the criteria specified in subsection A of this section, the applicant shall
elect one applicable density bonus.
C. When an applicant for a tentative subdivision map, parcel map, or other housing development
approval donates land to the city, in accordance with this subsection, the applicant shall be
entitled to a density bonus for the entire development, as follows:
Table D
Density Bonus for Land Donation
Percentage of Very Low-Income Units Percentage of Density Bonus to be Granted
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
1. A density bonus granted pursuant to this subsection shall not exceed thirty-five
percent.
2. If an applicant seeks both the density bonus pursuant to this subsection and
subsection A of this section, both density bonuses shall be granted up to a maximum
combined density bonus of thirty-five percent.
3. An applicant shall be eligible for the density bonus described in this subsection only if
all of the following conditions are met:
a. The land is donated and transferred to the city no later than the date of
approval of the final subdivision map, parcel map or housing development application.
b. The developable acreage, zoning classification and general plan land use
designation of the land being donated are sufficient to permit construction of the units
affordable to very low-income households in an amount not less than ten percent of
the number of residential units of the proposed development.
c. The transferred land is at least one acre in size or of sufficient size to permit
development of at least forty units, and has the appropriate: 1) general plan land use
designation; 2) zoning classification with appropriate development standards for
development at the density described in paragraph (3) of subdivision (c) of Section
65583.2 of the California Government Code, and 3) is or will be served by adequate
public facilities and infrastructure.
d. The transferred land shall have all of the permits and approvals, other than
building permits, necessary for the development of the very low-income housing units
on the transferred land, not later than the date of approval of the final subdivision
map, parcel map, or housing development, except that the city may subject the
proposed development to subsequent design review to the extent authorized by
subdivision (i) of Section 65583.2 of the California Government Code if the design is
not reviewed by the city prior to the time of transfer.
e. The transferred land and the affordable units shall be subject to a deed
restriction ensuring continued affordability of the units consistent with Section
21.86.100 of this chapter, which shall be recorded on the property at the time of the
transfer.
f. The land is transferred to the city or to a housing developer approved by the
city. The city may require the applicant to identify and transfer the land to the
developer.
g. The transferred land shall be within the boundary of the proposed
development or, if the city agrees, within one-quarter mile of the boundary of the
proposed development.
h. Prior to the approval of the final subdivision map, parcel map or housing
development application, the developer shall identify a proposed source of funding for
the very low income units.
D. In cases where an applicant requests a density bonus of more than what is specified in this
section, the city council may grant the requested additional density bonus, subject to the
following:
1. The project meets the requirements of this chapter.
2. The additional density bonus shall be considered an incentive, in accordance with
Section 21.86.050 of this chapter.
3. The city council may require some portion of the additional density bonus units to be
designated as target dwelling units.
E. The city council may grant a proportionately lower density bonus than what is specified by this
section for developments that do not meet the requirements of this chapter.
F. The density bonus dwelling units granted pursuant to this chapter shall not be included when
determining the number of housing units required by this chapter to be reserved for income-
restricted households.
G. When calculating any density, including the base density, the density bonus, or the required
number of target dwelling units, any calculations resulting in fractional units shall be separately
rounded up to the next whole number.
H. For the purposes of calculating a density bonus, the residential units shall be on contiguous
sites that are the subject of one development application in a housing development, but do not
have to be based upon individual subdivision maps or parcels.
I. The density bonus units shall be permitted in geographic areas of the housing development
other than the areas where the units for lower-income households are located.
J. A density bonus housing agreement shall be made a condition of the discretionary permits
(i.e., tentative maps, parcel maps, planned unit developments, condominium permits, site
development plans and redevelopment permits) for all housing developments that request a
density bonus and incentives or concessions. The relevant terms and conditions of the density
bonus housing agreement shall be filed and recorded as a deed restriction on those individual
lots or units of a project development which are designated for the location of target dwelling
units. The density bonus housing agreement shall be consistent with Section 21.86.130 of this
chapter.
K. An applicant shall be ineligible for a density bonus or any other incentives or concessions
under this chapter if the housing development is proposed on any property that includes a
parcel or parcels on which rental dwelling units are or, if rental dwelling units have been vacated
or demolished in the five-year period preceding the application, have been subject to a recorded
covenant, ordinance, or law that restricts rents to levels affordable to persons and families of
lower-or very low-income; subject to any other form of rent or price control through the city's
valid exercise of its police power; or occupied by lower-or very low-income households, unless
the proposed housing development replaces those units, and either of the following applies:
1. The proposed housing development, inclusive of the units replaced pursuant to this
subsection, contains affordable units at the percentages set forth in this section.
2. Each unit in the development, exclusive of a manager's unit or units, is affordable to
and occupied by either a lower-or very low-income household.
3. For the purposes of this subsection, "replaces" shall mean either of the following:
a. If any rental dwelling unit(s) is occupied on the date of application, the
proposed housing development shall provide at least the same number of units of
equivalent size to be made available at affordable rent or affordable housing cost to,
and occupied by, persons and families in the same or lower income category as those
households in occupancy. If the income category of the household in occupancy is not
known, it shall be rebuttably presumed that lower income renter households occupied
these units in the same proportion of lower income renter households to all renter
households within Carlsbad, as determined··by the most recently available data from
the United States Department of Housing and Urban Development's Comprehensive
Housing Affordability Strategy database. For unoccupied dwelling units described in
this subsection in a development with occupied units, the proposed housing
development shall provide units of equivalent size to be made available at affordable
rent or affordable housing cost to, and occupied by, persons and families in the same
or lower income category as the last household in occupancy. If the income category
of the last household in occupancy is not known, it shall be rebuttably presumed that
lower income renter households occupied these units in the same proportion of lower
income renter households to all renter households within Carlsbad, as determined by
the most recently available data from the United States Department of Housing and
Urban Development's Comprehensive Housing Affordability Strategy database. All
replacement calculations resulting in fractional units shall be rounded up to the next
whole number. The replacement units shall be subject to the affordability tenure
requirements specified in Section 21.86.100. ·
b. If all rental dwelling units have been vacated or demolished within the five-year
period preceding the application, the proposed housing development shall provide at
least the same number of units of equivalent size as existed at the highpoint of those
units in the five-year period preceding the application. The replacement units shall be
provided at an affordable rent or affordable housing _cost to, and occupied by, persons
and families in the same or lower income category as those persons and families in
occupancy at the highpoint, if known. If the incomes of the persons and families in
occupancy at the highpoint is not known, it shall be rebuttably presumed that low-
income and very low-income renter households occupied these units in the same
proportion of low-income and very low income renter households to all renter
households within Carlsbad, as determined by the most recently available data from
the United States Department of Housing and Urban Development's Comprehensive
Housing Affordability Strategy database. All replacement calculations resulting in
fractional units shall be rounded up to the next whole number. The replacement units
shall be subject to the affordability tenure requirements specified in Section
21.86.100. (Ord. CS-280 § 1, 2015; Ord. CS-242 §§ 6-8, 2014; Ord. NS-794 § 11, 2006)
21.86.050 Incentives and concessions for housing developments.
A. When an applicant requests a density bonus pursuant to Section 21.86.040(A) of this chapter,
the decision-making body shall grant incentives or concessions, subject to the following:
1. An applicant shall submit a proposal for any specific incentives or concessions
requested pursuant to this section.
2. The decision-making body shall grant the incentive(s) or concession(s) requested by
the applicant unless, based upon substantial evidence, any of the following findings are
made in writing:
a. The incentive or concession does not result in identifiable and actual cost
reductions, consistent with Section 21.86.020{A){14) to provide for affordable housing
costs as defined in Section 21.86.020{A)(1) of this chapter.
b. The incentive or concession would have a specific adverse impact upon public
health and safety or the physical environment, or on any real property that is listed in
the California Register of Historical Resources, and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low-and moderate-income households.
As used in this paragraph, and as defined in paragraph (2) of subdivision (d) of Section
65589.5 of the California Government Code, a "specific, adverse impact" means a
significant, quantifiable, direct and unavoidable impact, based on objective, identified
written public health or safety standards, policies, or conditions as they existed on the
date the application was deemed complete.
c. The incentive or concession would be contrary to state or federal law.
3. The applicant shall receive the following number of incentives or concessions:
a. One incentive or concession for projects that include at least ten percent of the
total units for lower-income households, at least five percent for very low-income
households, or at least ten percent for persons and families of moderate income in a
common interest development.
b. Two incentives or concessions for projects that include at least twenty percent
of the total units for lower-income households, at least ten percent for very low-
income households, or at least twenty percent for persons and families of moderate
income in a common interest development.
c. Three incentives or concessions for projects that include at least thirty percent
of the total units for lower-income households, at least fifteen percent for very low-
income households, or at least thirty percent for persons and families of moderate
income in a common interest development.
4. An incentive or concession may include any of the following:
a. A reduction in site development standards or a modification of zoning code or
architectural design requirements (excluding State Building Standards), that results in
identifiable and actual cost reductions. A reduction/modification to standards or
requirements may include, but is not limited to, a reduction in minimum lot size,
setback requirements, and/or in the ratio of vehicular parking spaces that would
otherwise be required.
b. Approval of mixed use zoning in conjunction with the housing development if:
(i) commercial, office, industrial or other land uses will reduce the cost of the housing
development; and (ii} the commercial, office, industrial, or other land uses are
compatible with the housing development and the existing or planned future
development in the area where the proposed project will be located.
c. Other regulatory incentives or concessions that result in identifiable and actual
cost reductions.
d. The city council may, but is not required to, provide direct financial incentives,
including the provision of publicly owned land, or the waiver of fees or dedication
requirements.
5. The applicant shall show that the requested incentive(s) or concession(s) will result in
identifiable and actual cost reductions. (Ord. CS-280 § 2, 2015; Ord. CS-242 § 9, 2014; Ord.
NS-794 § 11, 2006)
21.86.060 Waiver or reduction of development standards.
A. In addition to the incentives or concessions permitted by Section 21.86.050 of this chapter, an
applicant may seek a waiver or reduction of development standards that will have the effect of
physically precluding the construction of a housing development meeting the criteria of Section
21.86.040(A) of this chapter at the densities or with the incentives or concessions permitted by
this chapter.
1. The applicant shall provide evidence that the development standard(s) requested to
be waived or reduced will have the effect of physically precluding the construction of a
housing development at the densities or with the incentives or concessions permitted by
this chapter.
2. A proposal for the waiver or reduction of development standards pursuant to this
section shall neither reduce nor increase the number of incentives or concessions to which
the applicant is entitled pursuant to Section 21.86.050 of this chapter.
B. The decision-making body shall grant the requested waiver or reduction of development
standards, unless, based upon substantial evidence, any of the following findings are made in
writing:
1. The development standard(s) requested to be waived or reduced will not have the
effect of physically precluding the construction of a housing development at the densities
or with the incentives or co~cessions permitted by this chapter.
2. The requested waiver or reduction of development standards would have a specific
adverse impact upon public health and safety or the physical environment, or on any real
property that is listed in the California Register of Historical Resources, and for which there
is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. As used
in this subsection, and as defined in paragraph (2) of subdivision (d) of Section 65589.5 of
the California Government Code, a "specific, adverse impact" means a significant,
quantifiable, direct, and unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed on the date the
application was deemed complete.
3. The waiver or reduction of development standards would be contrary to state or
federal law. (Ord. CS-242 § 10, 2014; Ord. NS-794 § 11, 2006)
21.86.070 Density bonus and incentives for condominium conversions.
A. When an applicant proposes to convert apartments to condominiums, the decision-making
body shall grant either a density bonus or other incentives of equivalent financial value, as set
forth in Section 21.86.050(A) of this chapter, if the applicant agrees to provide the following:
1. A minimum of thirty-three percent of the total units of the proposed condominium
conversion project as restricted and affordable to low-income or moderate-income
households; or
2. A minimum of fifteen percent of the total units of the proposed condominium
conversion project as restricted and affordable to lower-income households.
B. For purposes of this section "density bonus" means an increase in units of twenty-five percent
over the number of apartments, to be provided within the existing structure or structures
proposed for conversion.
C. For purposes of this section, "other incentives of equivalent financial value" shall not be
construed to require the city to provide monetary compensation but may include the waiver or
reduction of requirements that might otherwise apply to the proposed condominium conversion
project.
D. The density bonus dwelling units shall not be included when determining the number of
housing units required to be reserved for income-restricted households.
E. When calculating the density bonus, or the required number of target dwelling units, any
calculations resulting in fractional ·units shall be separately rounded up to the next whole
number.
F. Nothing in this section shall be construed to require that the city approve a proposal to
convert apartments to condominiums.
G. An applicant/developer proposing to convert apartments to condominiums shall be ineligible
for a density bonus or other incentives under this section if the apartments proposed for
conversion constitute a housing development for which a density bonus or other incentives were
provided under Sections 21.86.040 and 21.86.050 of this chapter.
H. A density bonus housing agreement shall be made a condition of the discretionary permits
(tentative maps, parcel maps, planned unit developments and condominium permits) for all
condominium conversion proposals that request a density bonus or other incentives. The
relevant terms and conditions of the density bonus housing agreement shall be filed and
recorded as a deed restriction on those individual lots or units of a project development which
are designated for the location of target dwelling units. The density bonus housing agreement
shall be consistent with Section 21.86.130 of this chapter. .
I. An applicant shall be ineligible for a density bonus, or any other incentives or concessions
under this chapter if the condominium project is proposed on any property that includes a
parcel or parcels on which rental dwelling units are or, if rental dwelling units have been vacated
or demolished in the five-year period preceding the application, have been subject to a recorded
covenant, ordinance, or law that restricts rents to levels affordable to persons and families of
lower or very low income; subject to any other form of rent or price control through the city's
valid exercise of its police power; or occupied by lower-or very low-income households, unless
the proposed condominium project replaces those units, as defined in Section 21.86.040(K)(3) of
this chapter, and either of the following applies:
21.86.075
1. The proposed condominium project, inclusive of the units replaced pursuant to Section
21.86.040(K)(3) of this chapter, contains affordable units at the percentages set forth in
subsection A.
2. Each unit in the development, exclusive of a manager's unit or units, is affordable to,
and occupied by, either a lower or very low income household. {Ord. C~-280 § 3, 2015; Ord.
NS-794 § 11, 2006)
Development bonus with commercial development and partnered housing.
A. When an applicant for approval of a commercial development has entered into an agreement for
partnered housing described in subsection C. to contribute affordable housing through a joint
project or two separate projects encompassing affordable housing, the city shall grant to the
commercial developer a development bonus as prescribed in subsection B. The housing shall be
constructed on the site of the commercial development or on a site that includes all of the
following:
1. Within the city;
2. In close proximity to public amenities including schools and employment centers; and
3. Located within one-half mile of a major transit stop, as defined in subdivision (b) of Section
21155 of the California Public Resources Code.
B. The development bonus granted to the commercial developer shall mean incentives, mutually
agreed upon by the developer and the city, that may include, but are not limited to, any of the
following:
1. Up to a twenty percent increase in maximum allowable intensity in the General Plan;
2. Up to a twenty percent increase in maximum allowable floor area ratio;
3. Up to a twenty percent increase in maximum height requirements;
4. Up to a twenty percent reduction in minimum parking requirements;
5. Use of a limited-use/limited-application elevator for upper floor accessibility; or
6. An exception to the zoning ordinance or other land use regulation.
C. For the purposes of this section, the agreement for partnered housing shall be between the
commercial developer and the housing developer, shall identify how the commercial developer
will contribute affordable housing, and shall be approved by the decision-making body.
D. For the purposes of this section, affordable housing may be contributed by the commercial
developer in one of the following manners:
1. The commercial developer may directly build the units;
2. The commercial developer may donate a portion of the site or property elsewhere to the
affordable housing developer for use as a site for affordable housing; or
3. The commercial developer may make a cash payment to the affordable housing developer
that shall be used towards the costs of constructing the affordable housing project.
E. For the purposes of this section, subsection 21.86.040(K) shall apply.
F. Nothing in this section shall preclude any additional allowances or incentives offered to
developers by the city pursuant to law or regulation.
G. If the developer of the affordable units does not commence with construction of those units in
accordance with timelines ascribed by the agreement described in subsection C, the city may
withhold certificates of occupancy for the commercial development under construction until the
developer has completed construction of the affordable units.
H. In order to qualify for a development bonus under this section, a commercial developer shall
partner with a housing developer that provides at least thirty percent of the total units for low-
income households or at least fifteen percent of the total units for very low-income households.
I. Nothing in this section shall preclude an affordable housing developer from seeking a density
bonus, concessions or incentives, waivers or reductions of development standards, or parking
ratios under this chapter.
J. A development bonus pursuant to this section shall not include a reduction or waiver of the
requirements within an ordinance that requires the payment of a fee by a commercial developer
for the promotion or provision of affordable housing.
K. The city shall submit to the Department of Housing and Community Development, as part of the
annual report required by California Government Code Section 65400 (Housing Report),
information describing a commercial development bonus approved pursuant to this section,
including the terms of the agreements between the commercial developer and the affordable
housing developer, and the developers and the city, and the number of affordable units
constructed as part of the agreements.
L. For purposes of this section, "partner" shall mean formation of a partnership, limited liability
company, corporation, or other entity recognized by the state in which the commercial
development applicant and the affordable housing developer are each partners, members,
shareholders or other participants, or a contract or agreement between a commercial
development applicant and affordable housing developer for the development of both the
commercial and the affordable housing properties.
M. This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
21.86.080 Housing developments with child day care centers.
A. When an applicant proposes to construct a housing development that conforms to the
requirements of Section 21.86.040(A) of this chapter, and includes a child day care center that
will be located on the premises of, as part of, or adjacent to, the project, the following provisions
shall apply:
1. The decision-making body shall grant either of the following:
a. An additional density bonus that is an amount of square feet of residential
space that is equal to or greater than the amount of square feet in the child day care
center; or
b. An additional incentive or concession that contributes significantly to the
economic feasibility of the construction of the child day care center.
2. The decision-making body shall require, as a condition of approval of the housing
development, that the following occur:
a. The child day care center shall remain in operation for a period of time that is
as long as or longer than the period of time during which the target dwelling units are
required to remain affordable, pursuant to Section 21.86.100 of this chapter; and
b. Of the children who attend the child day care center, the children of very low-,
lower-, or moderate-income households shall equal a percentage that is equal to or
greater than the percentage of dwelling units that are required for very low-, lower-,
or moderate-income households pursuant to Section 21.86.040(A) of this chapter.
3. Notwithstanding any requirement of this section, the decision-making body shall not
be required to provide an additional density bonus, incentive or concession for a child day
care center if it finds, based on substantial evidence, that the community has an adequate
number of child day care centers. (Ord. NS-794 § 11, 2006)
21.86.090 Density bonus housing standards.
A. Required target dwelling units shall be constructed concurrent with market-rate dwelling units
unless both the final decision-making authority of the city and the developer/applicant agree
within the density bonus housing agreement to an alte_rnative schedule for development.
B. Whenever feasible, target dwelling units and density bonus dwelling units should be built on-
site (within the boundary of the proposed development) and, whenev~r reasonably possible, be
distributed throughout the project site.
C. Whenever feasible, target dwelling units should be located on sites that are in proximity to, or
will provide access to, employment opportunities, urban services, or major roads or other
transportation and commuter rail facilities (i.e., freeways, bus lines) and that are compatible
with adjacent land uses.
D. Whenever feasible, target dwelling units should vary in size and number of bedrooms, in
response to affordable housing demand priorities of the city.
E. Density bonus projects shall comply with all applicable development standards, except those
which may be modified as an incentive or concession, or as otherwise provided for in this
chapter. In addition, all units must conform to the requirements of the applicable building and
housing codes. The design of the target dwelling units shall be reasonably.consistent or
compatible with the design of the total project development in terms of appearance, materials
and finished quality.
F. No building permit shall be issued, nor any development approval granted, for a development
which does not meet the requirements of this chapter. No target dwelling unit shall be rented or
sold except in accordance with this chapter.
G. Upon the request of the applicant, the parking ratio (inclusive of handicap and guest parking)
for a housing development that conforms to the requirements of Section 21.86.040(A) of this
chapter shall not exceed the ratios specified in Table E or as noted, below. If the applicant does
not request the parking ratios specified in this section or the project does not conform to the
requirements of Section 21.86.040(A) of this chapter, the parking standards specified in Chapter
21.44 of this code shall apply.
1. If a development includes the maximum percentage of low-or very low-income units
provided for in Section 21.86.040(A) and is located within one-half mile of a major transit
stop, as defined in the State Public Resources Code (subdivision (b) of Section 21155), and
there is unobstructed access to the major transit stop from the development, then, upon
the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of
handicapped and guest parking, that exceeds 0.5 spaces per bedroom. For purposes of this
subsection, a development shall have unobstructed access to a major transit stop if a
resident is able to access the major transit stop without encountering natural or
constructed impediments. ·
2. If a development consists solely of rental units, exclusive of a manager's unit or units,
with an affordable housing cost to lower income families, as provided in State Health and
Safety Code Section 50052.5, then, upon the request of the developer, the city shall not
impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds
the following ratios:
a. If the development is located within one-half mile of a major transit stop, as
defined in State Public Resources Code (subdivision (b) of Section 21155), and there is
unobstructed access to the major transit stop from the development, the ratio shall
not exceed 0.5 spaces per unit.
b. If the development is a for-rent housing development for individuals who are
62 years of age or older that complies with State Civil Code (Sections 51.2 and 51.3),
the ratio shall not exceed 0.5 spaces per unit. The development shall have either
paratransit service or unobstructed access, within one-half mile, to fixed bus route
service that operates at least eight times per day.
c. If the development is a special needs housing development, as defined in State
Health and Safety Code (section 51312), the ratio shall not exceed 0.3 spaces per unit.
The development shall have either paratransit service or unobstructed access, within
one-half mile, to fixed bus route service that operates at least eight times per day.
3. If the total number of parking spaces required for .a development is other than a whole
number, the number shall be rounded down to the next whole number.
4. For purposes of this section, a housing development may provide "on-site" parking
through tandem parking or uncovered parking, but not through on-street parking.
5. The applicant may request parking incentives or concessions beyond those provided in
this section, subject to the findings specified in Section 21.86.050{A)(2) of this chapter.
6. Notwithstanding subsections (G){l) and (G)(2) of this section, if the city or an
independent consultant has conducted an area-wide or citywide parking study in the last
seven years, then the city may impose a higher vehicular parking ratio not to exceed the
ratio described in Table E, based upon substantial evidence found in the parking study, that
includes, but is not limited to, an analysis of parking availability, differing levels of transit
access, walkability access to transit services, the potential for shared parking, the effect of
parking requirements on the cost of market-rate and subsidized developments, and the
lower rates of car ownership for low-and very low-income individuals, including seniors
and special needs individuals. The city shall pay the costs of any new study. The city shall
make findings, based on a parking study completed in conformity with this paragraph,
supporting the need for the higher parking ratio.
Table E
Parking Ratio for Housing Developments
Dwelling Unit Size On-Site Parking Ratio
0-1 bedrooms 1 space per unit
2-3 bedrooms 2 spaces per unit
4 or more bedrooms 2.5 spaces per unit
{Ord. CS-311 § 1, 2017; Ord. CS-242 § 11, 2014; Ord. NS-794 § 11, 2006)
21.86.100 Affordability tenure.
A. All low-and very low-income rental dwelling units that qualified the housing project for a
density bonus shall remain restricted and affordable to the designated group for a period of at
least 55 years, or a longer period of time if required by the construction or mortgage financing
assistance program, mortgage insurance program, or rental subsidy program. Rents for the
target dwelling unit(s) shall be set at an affordable rent as defined in Section 50053 of the Health
and Safety Code.
B. All very low-, Jow-and moderate-income for-sale dwelling units that qualified the housing
project for a density bonus shall be subject to the following:
1. The initial occupant(s) of the target dwelling unit(s) shall be persons and families of
very low, low or moderate income, as required, and the units shall be offered at an
affordable housing cost as defined in Section 50052.5 of the Health and Safety Code.
2. Unless in conflict with the requirements of another public funding source or law, the
target dwelling unit(s) shall be subject to an equity sharing agreement that specifies:
a. Upon resale, the seller of the unit shall retain the value of any improvements,
the down payment, and the seller's proportionate share of appreciation.
b. Upon resale, the city shall recapture any initial subsidy and its proportionate
share of appreciation, which shall then be used within five years for any of the
purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code
that promote homeownership.
i. For the purposes of this subsection, the city's initial subsidy shall be equal to
the fair market value of the home at the time of initial sale minus the initial sale
price to the moderate-income household, plus the amount of any down payment
assistance or mortgage assistance. If upon resale the market value is lower than
the initial market value, then the value at the time of the resale shall be used as
the initial market value.
ii. For the purposes of this subsection, the city's proportionate share of
appreciation shall be equal to the ratio of the city's initial subsidy to the fair
market value of the home at the time of initial sale.
3. If the city provides a direct financial contribution to the housing development through
participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of
construction, the target dwelling unit(s) shall remain affordable to the designated income
group for at least 30 years.
C. For rental projects, the city or its designee shall have a one-time first right of refusal to
purchase any project containing affordable units offered for sale at the end of the minimum
tenure of affordability. The first right of refusal to purchase the rental project shall be submitted
in writing to the housing and neighborhood services director. Within 90 days of its receipt, the
city shall indicate its intent to exercise the first right of refusal for the purpose of providing
affordable housing. (Ord. CS-280 § 4, 2015; Ord. CS-242 § 12, 2014; Ord. CS-164 § 12, 2011; Ord.
NS-794 § 11, 2006)
21.86.110 Application process.
A. The granting of a density bonus, incentive or concession, pursuant to this chapter, shall not be
interpreted, in and of itself, to require a general plan amendment, zone code amendment, local
coastal plan amendment, zone change, other discretionary approval, or the waiver of a city
ordinance or provisions of a city ordinance unrelated to development standards.
B. Preliminary Application. A preliminary application may be submitted prior to the submittal of
any formal development application for a housing project that includes a request for a density
bonus, incentive(s) or concession(s). The preliminary application should include the following
information:
1. A brief description of the proposal including the number of target dwelling units and
density bonus units proposed;
2. The zoning, general plan designations and assessors parcel number(s) of the project
site;
3. A site plan, drawn to scale, which includes: b~ilding footprints, driveway and parking
layout, existing contours and proposed grading; ·
4. A letter identifying what specific density bonus, incentives or concessions (e.g.,
standards modifications, additional density bonus, or fee waiver, etc.) are being requested
of the city; and
5. The planning division shall provide to an applicant/developer, a letter that identifies
project issues of concern and the procedures for compliance with this chapter.
C. Formal Application. A request for a density bonus, incentive(s) or concession(s), pursuant to
this chapter, does not require a discretionary approval. The request shall be processed as part of
the development applications for a housing development, as otherwise required in other
sections of this code (e.g., site development plan, tentative map, parcel map, planned unit
development, conditional use permit, redevelopment permit, etc.).
1. If the project involves a request for direct financial incentives from the city, then any
action by the planning commission on the application shall be advisory only, and the city
council shall have the authority to make the final decision on any discretionary permits
related to the project.
2. The following information shall be included with the development application(s)
required for the project:
a. A legal description of the total site proposed for development of the target
dwelling units including a statement of present ownership and present and proposed
zoning;
b. A letter signed by the present owner stating what specific density bonus,
incentives or concessions, waivers or modifications in development standards are
being requested from the city;
c. A detailed vicinity map showing the project location and such details as the
location of the nearest commercial retail, transit stop, potential employment locations,
park or recreation facilities or other social or community service facilities;
d. Site plans, designating the total number of units proposed on the site, including
the number and location of target dwelling units and density bonus dwelling units, and
supporting plans per the application submittal requirements;
e. In the case of a request for any incentive(s) or concession(s), evidence that the
request will result in identifiable and actual cost reductions in accordance with the
provisions of Section 21.86.050 of this chapter;
f. In the case of a request for a waiver or reduction of development standards,
pursuant to Section 21.86.060 of this chapter, evidence that the development
standard being waived or reduced will have the effect of physically precluding the
construction of the development at the densities or with the concessions or incentives
permitted by this chapter;
g. In the case of a condominium conversion request, a report with sufficient
evidence to determine whether replacement dwelling units are required pursuant to
Section 21.86.040(K);
h. In the case of a request for a density bonus on property that contains or did
contain rental dwelling units, a report with sufficient evidence to determine whether
replacement dwelling units are required pursuant to Section 21.86.040(K); and
i. The number of parking spaces proposed and whether applicant is requesting a
parking ratio pursuant to Section 21.86.090{G).
3. Upon submittal, the planning division will review the application for completeness
within the timelines specified in Government Code Section 65943. If the application is
determined to be complete, the planning division shall so notify the applicant in writing,
along with a determination as to the following:
a. The amount of density bonus, calculated pursuant to Section 21.86.040(8), for
which the applicant is eligible;
b. If the applicant requests a parking ratio pursuant to Section 21.86.090(G)(6),
the parking ratio for which the applicant is eligible; and
c. If the applicant requests incentives or concessions pursuant to Section
21.86.050, or waivers or reductions of development standards pursuant to Section
21.86.060, whether the information provided in the application is adequate for the city
to make a determination as to those incentives, concessions, or waivers or reductions
of development standards.
4. Any determination required by paragraph 3 above shall be based on the development
project at the time the application is deemed complete. The local government shall adjust
the amount of density bonus and parking ratios awarded pursuant to this section based on
any changes to the project during the course of development.
5. The city planner is authorized to modify all administrative procedures, forms,
checklists, and templates as necessary to ensure expeditious processing of a density bonus
application consistent with this chapter.
(Ord. CS-280 § 5, 2015; Ord. CS-242 § 13, 2014; Ord. CS-164 § 11, 2011; Ord. NS-794 § 11,
2006)
21.86.120 Findings for approval.
A. When a project involves a request for a density bonus, incentive(s) or concession(s), the
following findings shall be made as part of the approval of the development application(s)
required for the project:
1. The project is consistent with the provisions of this chapter.
2. The requested incentive(s) or concession(s) will result in identifiable and actual cost
reductions.
3. In cases where an applicant requests a waiver or reduction of development standards,
pursuant to Section 21.86.060, the requested waiver or reduction of development
standard{s) is necessary to avoid physically precluding the construction of a housing
development at the densities or with the incentives or concessions permitted by this
chapter.
4. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of
development standards, if any, will not result in an adverse impact, as defined in paragraph
(2) of subdivision {d) of Section 65589.5 of the California Government Code, to the public
health and safety, the environment, or on any real property that is listed in the California
Register of Historical Resources; or, if the request will result in an adverse impact, then the
request may be approved if there is no feasible method to satisfactorily mitigate or avoid
the specific adverse impact.
5. In cases where an applicant requests to convert apartment units to condominiums, the
condominium conversion project shall not result in a reduction in the affordable housing
stock for lower-income groups, as of most recent inventory.
6. For development located in the coastal zone, the requested density bonus, and any
requested incentive(s), concession(s), and/or waiver(s) or reduction(s) of development
standards, are consistent with this chapter and Division 20 (commencing with Section
30000) of the Public Resources Code.
7. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of
development standards would be contrary to state or federal law. {Ord. CS-242 §§ 14, 15,
2014; Ord. NS-889 § 3, 2008; Ord. NS-794 § 11, 2006)
21.86.130 Density bonus housing agreement.
A. Applicants/developers, requesting a density bonus, incentives or concessions pursuant to this
chapter, shall demonstrate compliance with this chapter by executing a density bonus housing
agreement prepared by the city housing and neighborhood services director and submitted to
the developer for signature.
B. Density bonus housing agreements for projects involving a request for direct financial
incentives from the city shall be subject to city council approval; otherwise, the agreement shall
be subject to the approval of the community and economic development director.
C. Following the approval and the signing by all parties, the completed density bonus housing
agreement, with approved site development plan, shall be recorded against the entire
development, including market-rate lots/units; and the relevant terms and conditions therefrom
filed and recorded as a deed restriction or regulatory agreement on those individual lots or units
of a property which are designated for the location of target dwelling units.
D. The approval and signing by all parties of the density bonus housing agreement shall take
place prior to final map approval, and the agreement shall be recorded concurrent with the final
map recordation or, where a map is not being processed, prior to issuance of building permits
for such lots or units.
E. The density bonus housing agreement shall be binding to all future owners and successors in
interest.
F. A density bonus housing agreement for a housing development or condominium conversion
project processed pursuant to this chapter shall include, but not be limited to, the following:
1. The number of density bonus dwelling units granted;
2. The number and type (e.g., restricted to lower-or moderate-income households) of
target dwelling units proposed;
3. The unit size{s) (square footage) of target dwelling units and the number of bedrooms
per target dwelling unit;
4. The proposed location of the target dwelling units;
5. Schedule for production of target dwelling units;
6. Incentives or concessions provided by the city;
7. Where applicable, tenure and conditions governing the initial sale of for-sale target
units;
8. Where applicable, tenure and conditions establishing rules and procedures for
qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining
units for rental target dwelling units; and
9. Where applicable, requirements for other documents to be approved by the city, such
as marketing, leasing and management plans; financial assistance/loan documents; resale
agreements; and monitoring and compliance plans. (Ord. CS-164 §§ 12, 14, 2011; Ord. NS-
794 § 11, 2006}
21.86.140 Agreement processing fee.
The city council may establish by resolution, fees to be paid by the applicant to defray the city's cost
of preparing and/or reviewing all density bonus housing agreements. (Ord. NS-794 § 11, 2006}
21.86.150 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held
invalid, the remainder of the chapter and the application of the provision to other persons not
similarly situated or to other circumstances shall not be affected thereby. (Ord. CS-102 § CXVI, 2010;
Ord. NS-794 § 11, 2006)
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE THE COASTAL
ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify
the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance
prepared by the City Attorney to be published at least once in a newspaper of general circulation in the
City of Carlsbad within fifteen days after its adoption.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:
This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of
LCPA 2017-0001, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance
and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney
to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _
day of ___ _, 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ____ 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MA TT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
ATTACHMENT 2
General Plan Amendment -GPA 2019-0002
Text Changes to General Plan
(Strikethrough indicates text to be deleted and underline indicates text to be added.)
Amendments to the Housing Element Program 3.1
General Plan Housing Element Program 3.1 of the 11/nc/usionary Housing Ordinance" section is revised and
amended to read as follows:
The city will continue to implement its lnclusionary Housing Ordinance, which requires a minimum
of 15 percent of all ownership and qualifying rental residential projects of seven or more units be
restricted and affordable to lower income households. This program requires an agreement
between all residential developers subject to this inclusionary requirement and t he city w hich
stipulates:
• The number of requ ired lower income inclusionary units;
• The designated sites for the location of the units;
• A phasing schedule for production of the units; and
• The term of affordability for the units.
For all ownership and qualifying rentalresidential projects of fewer than seven units, payment of a
fee in lieu of inclusionary units is permitted. The fee is based on a detailed study that calculated the
difference in cost to produce a market rate rental unit versus a lower-income affordable unit. As of
2016, the in-lieu fee per market-rate dwelling unit was $4,515. Th e fee amount may be modified by
the City Council from time-to-time and is co ll ected at the time of building permit issuance for the
market rate units. The city will continue to utilize inclusionary in-lieu fees co llected to assist in the
development of affordable units. The city will apply lnclusionary Housing Ordinance requirements to
rental projects if the project developer agrees by contract to limit rent as consideration for a "direct
financial contribution" or other form of assistance specified in density bonus la•,•,1; or if the project is
at a density that exceeds the applicable GMCP density, thus requiring the use of "excess dwelling
units," as described in Section 10.3 (Resources Mailable).
The city will also continue to consider other in-lieu contributions allowed by the lnclusionary
Housing Ordinance, such as an irrevocable offer to dedicate developable land.
Funding: Departmental budget
Lead Agency: Planning Division, Housing and Neighborhood Services Division
Objectives and Time Frame:
• Based on SANDAG's Regional 2050 Growth Forecast and 2010 housing estimates, the city
anticipates 3,847 new housing units to be developed between 2010 and 2020, potentially
generating 577 inclusionary units.
• Adjust the inclusionary housing in-lieu fee as necessary and appropriate to reflect market
conditions and ensure fees collected are adequate to facilitate the development of affordable
units.
1
ATTACHMENT 3
INCLUSIONARY HOUSING AND DENSITY BONUS AMENDMENT
ZCA 2017-0001/LCPA 2017-0001 (PUB 2017-0004)
PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21)
SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT
AMENDMENTS TO CHAPTER 21.85
INCLUSIONARY HOUSING
Chapter 21.85
INCLUSIONARY HOUSING
21.85.010 Purpose and intent.
The purpose and intent of this chapter is as fo llows:
A. It is an objective of the city, as established by the housing element of the city's general plan, to
ensure that all residential development, including all master planned and specific planned
communities and all residential subdivisions provide a range of housing opportunities for all
identifiable econom ic segments of the population, including households of lower and moderate
income. It is also the policy of the city to:
I. Require that a minimum of fifteen percent of all approved ownership and qualifying
rental unitsrcsidential development as set forth in Section 2 I .85.030(A) be restricted to and
affordable to lower-income households; subject to adjustment based on the granting of an
inclusionary credit;
2. Requi re that for those developments whi ch provide ten or more units affordable to lower-
income households, at least ten percent of the lower-i ncome units shall have three or more
bedrooms;
3. Under ce1tain conditions, allow alternatives to on-site construction as a means of
providing affordable units; and
4. In specific cases, allow inclusionary requirements to be satisfied through the payment of
an in-lieu fee as an alternative to requiring inclusiona1y units to be constructed.
B. It is the purpose of this chapter to ensure the implementation of the city obj ective and pol icy
stated in subsection A.
C. Nothing in this chapter is intended to create a mandato1y duty on the part of the city or its
employees under the Government Tott Claims Act and no cause of action against the city or its
employees is created by this chapter that would not arise independently of the provisions of this
chapter. (Ord. CS-109 § II, 2010; Ord. NS-794 § 2, 2006; Ord. NS-535 § l, 2000)
21.85.030 Inclusionary housing requirement.
The inclusionary housing requirements of this chapter shall apply as follows:
A. This chapter shall apply to all housing development pro jects that result in the construction of new
residential units. including mixed use projects that include residential uni ts and residential market
rate dwelling units resulting from new construction of ownershi13 units. including the conversion of
apartments to condominiums" and to new construction of rental units where the develo13er receives
direct financial assistance, offsets. or any incentive of the type s13ecified in density bo1rns law
pursuant to tl~e provisions of Chapter 21.86 of this code, and the developer agrees by contraet-te
limit rents for below market rate rental units. Any de•,eloper not receiving direct financial
assistance, offsets. or other i110entives may voluntarily agree to provide inclusionary rental units.
B. For any residential development or development revision of seven or more units as set forth in
subsection A, not less than fifteen percent of the total units approved shall be constructed and
restricted both as to occupancy and affordability to lower-income households.
C. For those developments whi ch are required to provide ten or more units affordable to lower-
in come households, at least ten percent of the lower-income units shall have three or more
bedrooms.
D. This chapter shall not apply to the fo llowing:
I. Existing residences which are altered, improved, restored, repaired, expanded or
extended, provided that the num ber of units is not increased, except that this chapter shall
pe1tain to the subdivision of land for the conversion of apartments to condominiums;
2. Conversion of a mobile home park pursuant to Section 21.3 7 .120 of the code;
3. The construction of a new residential structure which replaces a residential structu re that
was destroyed or demolished within two years prior to the application for a building permit for
the new residential structure, provided that the number of residential units is not increased
from the num ber of res idential un its of the previously destroyed or demolished res idential
structure;
4. Any residential unit which is accessory as defined in Section 2 1.04.020 of this code;
5. Accessory dwelling units not constructed to fulfill inclusionary housin g requirements and
developed in accordance with Section 21.10.030 of this code;
6. Any project or portion of a project which is a commercial living unit as defin ed in
Section 21.04.093 of this code;
7. Any rental unit where the developer does not obtain direct financial assistance. offset. or
any other incentive or concession ofthe type specified in density bonus lav,. although a
mandatory density bonus may have been applied pursuant to the provisions of Chapter 2 J .86
of th is code: and
-81-Those residential units which have obtained affordabl e housing approvals prior to the
effective date of the ordinance codifi ed in this chapter, as set forth in Section 21.85.160 of this
chapter. (Ord . CS-I 09 §§ IV-V I, 20 IO; Ord . NS-535 § I, 2000)
21.85.040 Affordable housing standards.
The affordable housing standards are as follows:
A. All quali fy ing residential developments pursuant to Section 2 I .85.030(A) are subj ect to and must
satisfy the inclusionary housing requirements of this chapter, notwi thstanding a developer's request
to process a residential development under other program requirements, laws or regulations,
including but not limited to Chapter 21.86 (Residential Density Bonus) of this code. lf an applicant
seeks to construct affordable housing to qualify for a density bonus in accordance with th e
provisio ns of Chapter 2 1.86 (Residential Density Bonus), those affordable dwelling units that
qualify a residential development for a density bonus sha ll also be counted toward satisfving are--i-fl
addition to, and do not count toward sati sfying. the inclusionary hous ing requ irements of this
chapter.
8. Whenever reasonably poss ible, inclusionary units should be built on the residential development
project site.
C. The requi red inclusionary units shall be constructed concun·ently with market-rate uni ts unless
both the final decis ion-making a uthority of the city and developer agree within the affordable
h<?using agreement to an a lternative schedule for development.
D. Inclusionary rental units shall remain restricted and affordable to the designated income group for
fifty-five years. In addition to the income of a targeted group, limitatio ns on assets may a lso be used
as a factor in determining eligibility for rental or ownership units. Notwithstanding anything to the
contrary in this chapter, no inclusionary unit shall be rented for an amount which exceeds ninety
percent of the actual rent charged for a comparable market unit in the same development, if any.
E. After the initial sale of the inclusionary ownership units at a price affordable to the target income
level group, inclusionary ownership units shall remain affordable to subsequent income eligible
buyers pursuant to a resale restriction with a term of thirty years or ownership units may be sold at a
market price to other than targeted households provided that the sale shall result in the recapture by
the city or its designee of a financial interest in the units equal to the amount of subsidy necessary to
make the unit affordable to the designated income group and a proport ionate shar·e of any
appreciation. Funds recaptured by the city shall be used in assisting other eligible househo lds with
home purchases at affordable prices. To the extent possible, projects using ownership units to satisfy
inclusionary requirements shall be designed to be compatible with conventional mortgage financing
programs including seconda,y market requirements.
F. lnc lusionary units should be located on sites that are in proximity to or will provide access to
employment opportunities, urban services, or major roads or other transpo,tation and commuter rail
facilities and that are compatible with adjacent land uses.
G . The design of the inclusionary units shall be reasonably cons istent or compatible w ith the design
of the total project development in terms of appearance, materials and finished quality.
H. lnclusionary projects shall provide a mi x of number of bedrooms in the affordable dwelling units
in response to affordable housing demand priorities of the city.
I. No building permit shall be issued, nor any development approval granted for a development
which does not meet the requirements of this chapter. No inclusionary unit shall be rented or sold
except in accordance with this chapter. (Ord. CS-109 §§ V U-IX, 2010; Ord. NS-794 § 4, 2006;
Ord. NS-535 § I, 2000)
21.85.050 Calculating the required number of inclusionary units.
Subject to adjustments for an inclusionary credit, the required number of lower-income inclusionary units
shall be fifteen percent of the total residential units approved by the final decision-maki ng authority~
including density bonus units. lfthe inclusiona1y units are to be provided w ithin an off-site combined or
other proj ect, the required number of lower-income inclusionary units shall be fifteen percent of the total
residential un its to be provided both on-site and/or off-site. Subject to the maximum density allowed per
the growth management control poin t or per specific authorization granted by the planning commission or
city counc il, fracti onal units for both market rate and inclusionary units of0.5 will be rounded up to a
whole un it. lf the rounding calculation resu lts in a total residential unit count which exceeds the
maximum allowed, neither the market rate nor the inclusionary unit count wi ll be increased to the next
whole number.
Examp le I: Total residential units = fifteen percent inclusionary units plus eighty-five percent market-rate
units. If the final decision-making authority approves one hund red total residential units, then the
inclusionary requirement equals fi ~een percent of the "total" or fifteen un its ( I 00 x .15 = 15). The
allowable market-rate units would be eighty-five percent of the "total'. or eighty-fi ve units.
Example 2: If the inclu sionary units are to be provided off-site, the total number of inclusionary units
shall be calculated according to the total number of market-rate units approved by the final decision-
making authority. If one hundred market-rate units are approved, then this total is divided by .85 which
provides a total residential unit count (I 00 + .85 = 117). The fifteen percent requirement is applied to this
"total" ( one hundred seventeen units) which equals the inclusionary unit requirement ( I 17 x .15 = 17 .6
units).
AMENDMENTS TO CHAPTER 21.86
RESIDENTIAL DENSITY BONUS AND INCENTIVES OR CONCESSIONS
Chapter 21.86
RESIDENTIAL DENSITY BONUS AND INCENTIVES OF CONCESSIONS
Sections:
21.86.010 Purpose and intent.
21.86.020 Definitions.
21.86.030 lnclusionary housing.
21.86.040 Density bonus for housing developments.
21 .86.050 Incentives and concessions for housing developments.
21.86.060 Waiver or reduction of development standards.
21.86.070 Density bonus and incentives for condominium conversions.
21.86.075 Development bonus with commercial development and partnered housing.
21.86.080 Housing developments with child day care centers.
21 .86.090 Density bonus housing standards.
21 .86.100 Affordability tenure.
21 .86.110 Application process.
21 .86.1 20 Findings for approval.
21 .86.130 Density bonus housing agreement.
21 .86.140 Agreement processing fee.
21 .86.150 Severability.
21.86.010 Purpose and intent.
A. The public good is served when there exists in a city, housing which is appropriate for the needs
of and affordable to all members of the public who reside within that city. Among other needs, there
is in Carlsbad a need for hous ing affordable to lower-income households. and special needs groups.
including homeless persons. foster vouth. disabled veterans. lower income students and senior
citizens. T herefore, it is in the public interest for the city to promote the construction of such
additional ho using through the exercise of its powers and the utilization of its resources.
B. It is the purpose of this chapter to provide a means for granting dens ity bonuses and incentives or
concessions to developers for the production of housing affordable to lower-and moderate-income
households, homeless persons. foster youth. disabled veterans. lower income students and senior
citizens.
C. It is the purpose of this chapter to implement the goals, obj ectives.,_ -att&policies and programs of
the hous ing element of the city's general plan.
D. It is the purpose of this chapter to implement Sections 65915 through 65918 of the California
Government Code.
E. INothiAg in this chapter is no t intended to create a mandatory duty on behalf of the city or its
employees under the Government Tort Claims Act and no cause of action against the city or its
employees is created by this chapter that would not arise independently of the provisions of this
chapter.
F. INothing in this chapter does notshall be construed to supersede or in any way a lter or lessen the
effect or application of the California Coastal Act o f 1976. Any density bonus. concessions.
incentives. waivers or reductio ns of development standards. and parking ratios to which the
a pplicant is entit led under this section shall be permitted in a manner that is consistent with this
chapter and Division 20 (commencing with Section 30000) of the Public Resources Code. (Ord. CS-
242 § 3, 2014; Ord. NS-794 § I I, 2006)
21.86.020 Definitions.
A. Whenever the following terms are used in this chapter, they shall have the meaning established by
this section:
I. "Affordable housing" means housing for which the allowable housing expenses paid by a
qualifying household shall not exceed a specified fraction of the county median income,
adjusted for household size, as follows:
a. Extremely low-income, rental and for-sale units: the product of thirty percent
times thirty percent of the county median income, adjusted for household size.
b. Ye,y low-income, rental and for-sale units: the product of thirty percent times
fifty percent of the coun ty median income, adj usted for household size.
c. Low-income, rental units: the product of thirty percent times sixty percent of the
county median income, adjusted for household size.
d. Low-income, for-sale units: the product of thirty percent times seventy percent of
the county median income, adjusted for household size.
e. Moderate-income, for-sale units: allowable housing expenses shall not be less
than twenty-eight percent of the gross income of the household, nor exceed the product of
thirty-five percent times one hundred ten percent of the county median income, adjusted
for household size.
2. "Allowable housing expense" means the total monthly or annual recurring expenses
required of a household to obtain shelter. For a for-sale unit, allowable housing expenses
include loan principal and interest at the time of initial purchase by the homebuyer, allowances
for property and mortgage insurance, property taxes, homeowners' association dues and a
reasonable allowance for utilities as defin ed by the Code of Federal Regu lations (24CFR982).
For a rental unit, allowable housing expenses include rent and a utility allowance as
established and adopted by the City of Carlsbad housing authority, as well as all mo nthly
payments made by the tenant to the lessor in connection with use and occupancy of a housin g
unit and land and facilities associated therewith, including any separately charged fees, utility
charges, or service charges assessed by the lessor and payable by the tenant.
3. "C hi Id day care center" shall have the same meaning as defined in Section 2 I .83.020(O)
of this t itle.
4. "Commo n interest development" means any of the following (as defined in Section 4 100
of the California Civil Code):
a. A community apartment project;
b. A condominium project;
c. A planned development;
d. A stock cooperative.
5. "Conversion" means the change of occupancy of a dwelling unit from owner-occupied to
rental o r vice versa.
6. "Density bon us" means an increase over the maximum allowable~ residential
density as specified by the land use element of the general plan in effect at the time of
application submittal or if e lected bv the applicant. a lesser percentage of densitv increase.
including but not limited to. no increase in densitv.
7. "Density bonus dwelling units" means those residential units granted pursuant to the
prov isions of this chapter, which are a bove the maximum all owable residential density of the
project site.
8. "Density bonus housing agreement" means a legally binding agreement between a
developer and the city to ensure that the density bonus requirements of this cha pter are
satisfied. The agreement establishes, a mo ng other things, the number of target dwelling units
and dens ity bonus dwelling units, the unit sizes, location, affordability tenure, terms and
conditions of affordability and unit production schedule.
9. "Development standard" means a site or construction condition/requirement that applies
to a housing development pursua nt to any ordinance, general plan element, master or specific
plan, or other city condition. requirement, law, poli cy, resolution or regulation. A
"development standard" may include, but is not limited to a he ight limitation, a setback
requirement, a floor area ratio, an onsite open space requirement o r a parking ratio.
1 0. ··Equi valent size·· means that replacement units contain at least the same total number of
bed rooms as the units being replaced.
l 1 .,_"Extremely low-income ho usehold" means those households whose gross income is equa l
to o r less than thirty percent of the median income for San Diego County as detem1ined
annually by the U.S. Department of Housing and Urban Developme nt.
12. ··Floor area ratio·· means the ratio of gross building area of the eligible housing
development. excluding strnctured parking areas. proposed for the project divided bv the net
lot area. For purposes of th is paragraph. ··gross building area" means the sum of all finished
areas of all floors of a building included within the outside faces of its exterior walls.
13. "Housing development" means a development project for five or more residential units,
including mixed-use deve lopments. and mav also includS:-tttg the following:
a. A subdivision or common interest development consisting of residential units or
unimproved lots; or
b. A project to either substantia lly rehabilitate and convert an existing commercial
building to residential use; or
c. A project to substantia lly rehabilitate an existing two-family or multiple-family
dwelling structure(s), where the rehabilitation results in a net increase to-five or more
avai I able residentia l units.
14. "Incentives or concessions" means such regulato1y incent ives or concessions as stipulated
in California Government Code Section 6591 S(k), to include, but not be limited to, the
reduction of site development standards or zone code requirements or a rchitectural desi!ffi
requirements, approval of mixed use zoning in conjunction with the ho us ing projectjf
commercial. office. industrial. or other land uses will reduce the cost of the housing
development and i r the commerc ial. o ffice. industrial. or other land uses are compatible w ith
the housing project and the existing or planned development in the area where the proposed
housing pro ject will be located, or any othe r regulatory incentive or concession which would
result in identifiable_~_ financially sufficient, and actual cost reductions to provide for
affordable housing costs or rents for the targeted units. enable tl~e proYision of housing
affordable to the designated income group or qualified (senior) resident.
15. "Income" means any monetary benefits that qualify as income in accordance with the
criteria a nd procedures used by the City of Carlsbad housing and neighborhood services
department for the acceptance of applications and recertifications for the tenant based rental
assistance program, or its successor.
16. "Low-income household" means those households whose gross income is more than fifty
percent but does not exceed eighty percent of the median income for San Diego County as
determined annua lly by the U.S. Department of Hous ing and Urban Development.
17. "Lower-income household" means low-income, very low-income and extremely low-
income househo lds, whose gross income does not exceed eighty percent of the median income
for San Diego County as determined annually by the U.S. Department of Housing and Urban
Development.
18. "Lowe r income students .. means students who have a household income and asset level
that does not exceed the level for Cal Gra nt A or Cal Grant B a·ward recipients as set fo1th in
paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code.
19. "Market-rate un it" means a dwelling unit where the renta l rate or sales price is not
restricted either by this chapter or by requirements imposed through other local, state or federal
affordable housing programs.
2.0. "Maximum allowable residential density" means the maximum density of the density
range allowed by the residential general plan land use designation(s) applicable to a project
site. All environmentally constra ined lands identified as undevelopable in the general plan,
local coastal program, and zoning ordinance shall be excluded from the total area of the project
site when calculating maximum density.
l I. "Moderate-income household" means those households whose gross income is more than
eighty percent but does not exceed one hundred twenty percent of the median income for San
Diego County as determined annually by the U.S. Department of Housing and Urban
Development.
l 2._-"Qualifyi ng resident" means a resident as defin ed in Chapter 21.84 of this title and
Section 5 1.2 of the California Civil Code.
23. "Target dwelli ng unit" means a dwelling un it that will be offered for rent or sale
exclusively to and which shall be affordable to the designated income group or qualified
(senior) resident, as required by this chapter.
24. "Total units" means the number of dwel ling units in a housing development, exclud ing
the density bonus dwelling units awarded pursuant to this chapter or any other local ord inance
granting a greater density bonus.
25. "Very low-income household" means a household earning a gross income equal to fi fty
percent or less of the median income for San Diego County as determined annually by the U.S.
Department of Housing and Urban Development. (Ord. CS-242 § 4, 2014; Ord. CS 164 § 12,
2011 ; Ord. NS-889 § 2, 2008; Ord. NS-794 § 11 , 2006)
21.86.030 Inclusionary housing.
All housing development projects are subject to Chapter 21.85 -lnclusionarv Housing_ including projects
that also qualify for a densitv bonus under th is chapter. required to provide affordable housiRg uRils in
aecordaRee with Chapter 21.85 (IRclusioRa1)' HousiRg) of this title. The affordable housing requ irements
of the two chapters are not cumulative. !fan applicant seeks to construct affordable housing to qualify for
a density bonus in accordance with the provisions of this chapter, those affordable dwell ing units
provided to meet the inclusionary requirement established pursuant to Chapter 21.85 of this title shall also
be counted toward satisfying the density bonus req uirements of this chapter. For projects that qual ify fo r a
density bonus. th e inclusiona1y housin g requirement shall be based on the total residential units approved
for the project. including anv densitv bonus dwelli ng units awarded pursuant to this chapter. (Ord. CS-
242 § 5, 20 14; Ord. NS-794 § 11 , 2006)
21.86.040 Density bonus for housing developments.
__ A. _The decision-making body shall grant one density bonus, as specifi ed in subsection B of th is
section, and incenti ves or concessions, as set fo1th in Section 2 1.86.050 of this chapter, when an applicant
seeks and a!!.rees to construct ~a housing development ofat least fi ve units. excluding any un its
permitted bv the density bonus awarded pu rsuant to this chapter. that will contain seeks and agrees to
eettSl-rttel-at least any one of the following:
I. A minimum of ten percent of the total units of the housing development as restricted and
affordable to lower-income households;
2. A minimum of five percent of the total units of the housing development as restricted and
affordable to very low-income households;
3. A senior c itizen housing development as defined in Section 2 I .84.030(A)(7) of this title
and Section 51 .3 and 5 1.12 of the California Civil Code, or mobile home park that limits
residency based on age requirements fo r housing for older persons pursuant to Section 798.76
or 799.5 of the California Civil Code; &
4. A minimum often percent of the total units in a common interest development restricted
and affordable to moderate-income ho useholds, provided that all units in the development are
offered to the public for purchase;a
5. A minimum of ten perce nt of the total units of a housing development for transitional
foster youth. as defined in Sectio n 66025.9 of the California Education Code. disabled
veterans. as defined in Section 18541. or homeless persons. as defined in the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 113 01 et seq.). T he un its
described in thi s paragraph shall be subject to a recorded affordability restriction of 55 years
and sha ll be provided at the same affordability level as very low-income units: o r
6. T wenty percent of the total units for lower income students in a student housin g
development that meets the foll owing requirements:
(i) All units in the student housing development will be used exclusively for undenrraduate.
graduate. or professional students e nrolled fu ll-time at an in stitution of higher education
accredited by the Western Associati on of Schools and Colleges or the Accreditin g Commission
for Community and Junior Colleges. In order to be eligible under this subparagraph. the
developer shall. as a condition of receivin g a certificate of occupancy_ provide evidence to the
city that the developer has entered into an operatin g agreement or master lease with one or
more institutions of hi gher education for the institution or institutions to occupy a ll units of the
student housing development w ith students from that insti tution or institutions. An operating
agreement or master lease entered into pursuant to this subparagraph is not vio lated or
breached if. in any subsequent year. there are not sufficient students enrolled in an institutio n
of higher education to fill all units in the student housing development.
(ii) T he applicable twenty percent units w ill be used for lower income students. For purposes
of this paragraph. --Jower income students" means students who have a household income and
asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set
forth in paragraph (I) of subdivision (k) of Section 69432. 7 of the Education Code. The
eligibility of a student under this paragraph shall be verified by an affidavit. award letter. or
le tter of eligibility provided by the institution of higher education that the student is enrolled in.
as described in subparagraph (i). or by the California Student Aid Commission that the student
receives or is eligible for financial aid. including an institutional grant or fee waiver. from the
college or university_ the California Student Aid Commission, or the federal government shall
be sufficient to satisfy this subparagraph.
(iii) T he rent provided in the appli cable units of the development for lower income students
sha ll be calculated at thirty percent of sixtv-five percent o f the area median income for a
sin gle-room occupancv unit tvpe.
(iv) The development w ill provide prioritv for the applicable affordable units for lower income
students experiencing home lessness. A home less service provider. as defi ned in paragraph (3)
of subdivision (d) of Section I 03577 of the Health and Safety Code. or institution of higher
education that has knowledge ofa person's homeless status may verifv a person's status as
homeless for purposes of this subparagraph.
(v) For purposes of calcu lating a density bonus granted pursuant to this paragraph. the term
··unir· as used in this section means one rental bed and its pro rata share of associated common
area faci lit ies. The units descri bed in this para2:raph shall be subject to a recorded affordability
restriction of 55 years.
8. When an applicant seeks and agrees to consh·uct a housing development meeting the criteria
specified in subsection A of this section, the decision-maki ng body shall grant a density bonus
subject to the fo llowing:
I. The am ount of density bonus to which a housing development is entitled shall va,y
according to the amount by which the percentage of affordab le housing units exceeds the
percentages established in subsection A of this section, as follows:
a. For housing developments meeting the cri teria of subsection (A)( I) of this
section, the density bonus shall be calculated as fo llows:
Table A
Density Bonus for Housing Developments with Units Affordable to Low-Income Households
Percentage of Low-Income Units Percentage of Density Bonus to be Granted
(Additional 1.5% density bonus for each I %
(Minimum 10% required) increase above the 10% minimum)
IO 20
II 2 1.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
b. For housing developments meeting the criteria of subsection (A)(2) of this
section, the density bonus shall be calculated as follows:
Table B
Density Bonus for Housing Developments with Units Affordable to Very Low-Income Households
Percentage of Very Low-Inco me Units Percentage of Density Bonus to be Granted
5 20
6 22.5
7 25
8 27.5
9 30
IO 32.5
11 35
c. For housing developments meeting the criteria of subsection (A)(3) of this
secti on, the density bonus shall be twenty percent of the number of senior housing units.
d. For housing developments meeting the criteria of subsection (A)( 4) of thi s
section, the density bonus shall be calculated as fo llows:
Table C
Density Bonus for Common Interest Developments with Units
Affordable to Moderate-Income Households
Percentae:e of Moderate-Income Units Percentage of Density Bonus to be Granted
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 ..,.., .,.,
39 34
40 35
e. For housing developments meeting th e criteria of subsection (A)(S) of this
section. the density bonus shall be twentv percent o f the number of the tvpe of un its
givinu rise to a density bonus under that subsection.
f. For housing developments meeting th e criteri a of subsection (A)(6) of thi s
section. the densitv bonus shall be thirtv-five percent of the student housing units.
2. The amount of density bonus to whi ch a housing development is entitled shall not exceed
thirty-five percent.
3. The app licant may elect to accept a lesser percentage of density bonus than specifi ed in
this subsection (3 of this section.
4. If a housing development includes a combination of target dwelling unit types that meet
two or more of the criteria specified in subsection A of this section, the applicant shall elect
one applicable density bonus.
C. Wh en an applicant for a tentative subdivision map, parcel map, or other housing development
approval donates land to the c ity, in accord ance with this subsection, the app licant shall be entitled
to a de nsity bonus for the entire development, as follows:
Table D
Density Bonus for Land Donation
Percentage of Very Low-Income Units Percentage of Density Bonus to be Granted
IO 15
II 16
12 17
13 18
14 19
15 20
16 2 1
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 ' 29
25 30
26 31
27 32
28 33
29 34
30 35
I. A density bonus granted pursuant to thi s subsection shall not exceed thirty-five percent.
2. Ifan applicant seeks both the density bonus pursuant to this subsection and subsection A
of this section, both density bonuses shall be granted up to a maximum combined density
bonus of thirty-five percent.
3. An applicant shall be eligible for the density bonus descri bed in thi s subsection only if all
of the fo llowing condi tions are met:
a. The land is donated and transferred to the city no later than the date of approval
of the final subdivision map, parcel map or housing development application.
b. The developable acreage, zoning classification and general plan land use
designation of the land being donated are suffic ient to permit construction of the units
affordable to very low-income households in an amount not less than ten percent of the
m1mber of residential units of the proposed development.
c. The transferred land is at least one acre in size or of sufficient size to permit
development of at least forty units, and has the appropriate: 1) general plan land use
designation; 2) zoning classification with appropriate development standards for
development at the density described in paragraph (3) of subdivision (c) of Section
65583.2 of the California Government Code, and 3) is or will be served by adequate
public facilities and infrastructure.
d. The transferred land shall have all of the permits and approvals, other than
building pe rmits, necessary for the development of the very low-income housing units on
the transferred land, not later than the date of approval of the final subdivision map,
parcel map, or hous ing development, except that the city may subject the proposed
development to subsequent design review to the extent authorized by subdivision (i) of
Section 65583.2 of the California Government Code if the design is not reviewed by the
city prior to the time of transfer.
e. The transferred .land and the affordable units shall be subject to a deed restriction
ensuring continued affordability of the units consistent with Section 2 1.86.1 00 of thi s
chapter, which shall be recorded on the property at the time of the transfer.
f. T he land is transferred to the c ity or to a hous ing developer approved by the city.
The city may require the applicant to identify and transfer the land to the developer.
g. The transferred land shall be within the boundary of the proposed development
or, if the city agrees, within one-quarter mile of the boundary of the proposed
development.
h. Prior to the approval of the final subdivision map, parcel map or housing
development application, the developer shall identify a proposed source of fund ing fo r
the very low income units.
D. In cases where an applicant requests a density bonps of more than what is specified in thi s
section, the city counc il may grant the requested additiona l density bonus, subject to the following:
I. The project meets the requirements of this chapter.
2. The additional density bonus shall be considered an incentive, in accordance with Section
21.86.050 of this chapter.
3. The city council may require some portion of the additiona l density bonus units to be
designated as target dwelling units.
E. The city council may grant a proportionately lower density bonus than what is specified by this
section for developments that do not meet the requirements of this chapter.
F. The density bonus dwelling units granted pursuant to this chapter shall not be included when
determining the number of hous in g units required by this chapter to be reserved for income-
restricted households.
G. When calculating anv dens itv. includinir the base densitv. the density bonus, or the required
number of target dwelling units, any calculations resulting in fractional units sha ll be separately
rounded up to the next whole numbertffi-i.t.
H. For the purposes of calculating a density bonus, the residential units shall be on contiguous sites
that are the subject of one development application in a housing development, but do not have to be
based upon individual subdivision maps or parcels.
I. The density bonus units shall be permitted in geographic areas of the housing development other
than the areas where the units fo r lower-income households are located.
J. A density bonus housing agreement shall be made a cond ition of the discretionary permits (i.e.,
tentative maps, parcel maps, planned unit developments, condominium permi ts, site development
plans and redevelopment permits) for all housing developments that request a density bonus and
incentives or concessions. T he relevant terms and conditions of the density bonus housing
agreement shall be ti led and recorded as a deed restriction on those individual lots or units of a
project development wh ich are designated for the location of target dwelling units. T he density
bonu s housing agreement shall be consistent with Section 21.86.1 30 of th is chapter.
K. An applicant shall be ineligib le for a density bonus or any other incentives or concessions under
this chapter if the housing development is proposed on any property that includes a parcel or parcels
on which rental dwelling units are or, if rental dwelling un its have been vacated or demolished in the
five-year period precedi ng the application, have been subject to a recorded covenant, ord inance, or
law that restricts rents to levels affordable to persons and families of lower-or ve ry low-income;
subject to any other form of rent or pri ce control through the city's valid exercise of its police
power; or occupied by lower-or very low-income households, unless the proposed housing
development replaces those units, and either of the fo llowing app lies:
I. The proposed housing development, incl usive of the units replaced pursuant to thi s
subsection, contains affordable units at the percentages set forth in this section.
2. Each unit in the development, exclusive of a manager's uni t or units, is affordable to and
occupied by either a lower-or very low-income household.
3. For the purposes of this subsection, "replaces" shall mean either of the fo l lowing:
a. If any rental dwelling unit(s) is occupied on the date of application, the proposed
housing development shall provide at least the same number of un its of equi valent size eF
type. or both, to be made available at affordable rent or affordabl e housing cost to, and
occupied by, persons and fami lies in the same or lower income category as those
households in occupancy. If the income catego ry of the household in occupancy is not
known. it shall be rebuttably presumed that lower income renter households occupied
these units in the same proportion of lower income renter households to all renter
households within Carlsbad. as determ ined by the most recently available data from the
United States Department of Housing and Urban Development's Comprehensive
Housing Affordabili ty Strategy database. For unoccupied dwell ing units described in this
subsection in a development with occupied units. the proposed housing development
shall provide units of equi valent size to be made available at affordable rent or affordable
housing cost to. and occupied by, persons and fa milies in the same or lower income
category as the last household in occupancy. 1 f the income catego ry of the last household
in occupancy is not known. it shall be rebuttably presumed that lower income renter
households occupied these units in the same proportion of lower income renter
households to all renter households withi n Carlsbad. as determ ined by the most recentlv
available data from the United States Depart ment of Housing and Urban Development's
Comprehensive Housing Affordabi litv Strategy database. All replacement ca lculations
resulting in fractional units shall be rounded up to the next whole number. -Fef
unocc upied dwelling units in a deve lopment with occ upied units. the proposed housing
development shall provide units of equivalent si2e or type. or both. to be made available
nt a!Tordnble rent oHl+fordable housing cost to. and occupied by. persons--at1d-+amilies in
the same or lower iH€6me category in the sam~ortion ofaffordnbility ns the
occupied units. The replacement units shall be subject to the affordability tenure
requireme nts specified in Section 21 .86.100.
b.lf all rental dwelling units have been vacated or demolished within the five-year peri od
preceding the application, the proposed housing development shall provide at least the
same number of units of equivalent s ize eHyJ:,e-:--e-r-eetlr.-as existed at the highpoint of those
units fin the five-year period preceding the application1. The replacement units shall be
provided at an affordable rent or affordable housing cost to, and occupied by, persons and
families in the same or lower income catego,y as those persons and families in occupancy
at the highpoint, if known. If the incomes of the persons and families in occupancy at the
highpoint is not known. it shall be rebuttablv presumed that low-income and verv low-
income renter households occupied these units in the same proportion of low-income and
very low income renter households to all renter households within Carlsbad. as determined
by the most recently available data from the United States Department of Housing and
Urban Development's Comprehensive Housing Affordabilitv Strategy database. All
replacement calculations resulting in fractional units shall be rounded up to the next whole
number. If the incomes of Hie persons and families in occupancy at the highpoint is not
known. then one half of the reqt1ired m1its shall be made available at affordable rent or
affordable housing cost to, and occupied by. very low income persons and families and
one half of the required units shall be made a~·a ilable for rent at affordable housing costs to,
and occupied by, low income persons and families. The replacement units shall be subject
to the affordability tenure requirements specified in Section 21.86.100. (Ord. CS-280 § I,
2015; Ord. CS-242 §§ 6-8, 2014; Ord. NS-794 § 11 , 2006)
21.86.050 Incentives and concessions for housing developments.
A. When an applicant requests a density bonus pursuant to Secti on 2 I .86.040(A) of this chapter, the
decision-making body shall grant incentives or concessions, subject to the following:
I. An applicant shall submit a proposal for any specific incentives or concessions requested
pursuant to this section.
2. T he decision-making body sha ll grant the incentive(s) or concession(s) requested by the
applicant unless, based upon substantial evidence, any of the following findings are made in
writing:
a. The incentive or concession is not required in orderdoes not result in identifiable
and actual cost red uctions. consistent with Sscction 2 l.86.020(A)(l4} to provide for
affordable housing costs as defined in Section 2 I .86.020(A)( I) of this chapter.
b. T he incentive or concession would have a specific adverse impact upon public
health and safety or the physical environment, or on any real property that is listed in the
Cali fo rnia Reg ister of Historical Resources, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without rendering the
development unaffordable to low-and moderate-income households. As used in this
paragraph, and as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the
California Government Code, a "specific, adverse impact" means a significant,
quantifiable, direct and unavoidable impact, based on objective, identified written public
health or safety standards, pol icies, or conditions as they existed on the date the
application was deemed comp lete.
c. The incentive or concession would be co ntrary to state or federal law.
3. The applicant shall receive the fo llowing number of incentives or concessions:
a. One incentive or concession for projects that include at least ten percent-I-{}% of
the total units for lower-income households, at least fi ve percent fo r very low-income
households, or at least ten percent-I-{}% for persons and families of moderate income in a
common in terest development.
b. Two incenti ves or concessions for projects that include at least twentv
percent~ of the total units for lower-inco me households, at least ten percent-I-{}% for
ve,y low-income households, or at least twenty percen™ for persons and families of
moderate income in a common interest developm ent.
c. Three in centives or concessions for projects that include at least thi rty
percent30% of the total units for lower-income households, at least fifteen percent~
for ve,y low-income households, or at least thi,ty percentW¾ for persons and families of
moderate income in a common interest development.
4. An incenti ve or concession may include any of the following:
a. A reduction in site development standards or a mod ification of zoning code or
architectural design requirements (excluding State Building Standards), that results in
identifiable. fi nancially su ffi cient and actual cost reductions. A reduction/mod ification to
standards or requirements may includ e, but is not limited to, a reduction in minimum lot
size, setback requirements, and/or in the ratio of vehicular parking spaces that would
otherwise be required.
b. Approval of mixed use zoning in conjunction with the housing development if:
(i) commercial, offi ce, industrial or other land uses will reduce the cost of the housing
development; and (ii) the commercial , office, industrial, or other land uses are compatible
with the housing deve lopment and the existing or planned fu ture development in the area
where the proposed project wi ll be located.
c. Other regulatory incentives or concessions that result in identifiable-:-H-R-fl-fle-i-a-l-1-y
sufficient and actual cost reductions.
d. The city council may, but is not req uired to, provide direct fi nancial incentives,
including the provision of pub I icly owned land, or the waiver of fees or dedication
requirements.
5. The appl icant shall show that the requested incentive(s) or concession(s) will result in
identifiable. financ ially sufficient and actual cost reductions. (Ord. CS-280 § 2, 2015; Ord.
CS-242 § 9, 2014; Ord. NS-794 § 11 , 2006)
21.86.060 Waiver or reduction of development standards.
A. In addition to the incentives or concessions permitted by Section 2 1.86.050 of this chapter, an
applicant may seek a wa iver or reduction of development standards that will have the effect of
physically precluding the construction of a housing development meeting the criteria of Secti on
2 I .86.040(A) of this chapter at the densities or with the incentives or concessions permitted by this
chapter.
1. T he applicant shall provide evidence that the development standard(s) requested to be
waived or reduced will have the effect of physically precluding the construction of a housing
development at the densities or with the incenti ves or concessions permitted by this chapter.
2. A proposal for the waiver or reduction of development standards pursuant to this section
sha ll neither reduce nor increase the number of incentives o r concessions to which the
applicant is entitled pursuant to Section 2 1.86.050 of this chapter.
B. The decision-making body shall grant the requested waiver or reduction of development
standards, unless, based upon substantial evidence, any of the following findings are made in
writing:
I . The development standard(s) requested to be waived or reduced will not have the effect
of physically precluding the construction of a housing development at the dens ities or with the
incentives or concessions permitted by this chapter.
2. The requested waiver or reduction of development standards would have a specific
adverse impact upon public health and safety or the physical environment, or on any real
property that is listed in the California Register of Historical Resources, and for which there is
no feas ible method to satisfactorily mitigate or avoid the specific adverse impact. As used in
this subsection, and as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the
California Government Code, a "specific, adverse impact" means a significant, quantifiable,
direct, and unavoidable impact, based on objective, identified written public health or safety
standards, policies, or conditions as they existed on the date th e application was deemed
complete.
3. The waiver or reduction of development standards would be contrary to state or federal
law. (Ord. CS-242 § 10, 2014; Ord. NS-794 § I I, 2006)
21.86.070 Density bonus and incentives for condominium conversions.
A. When an applicant proposes to convert apartments to condominiums, the decision-making body
shall grant either a density bonus or other incentives of equivalent financial value, as set forth in
Section 2 I .86.050(A) of this chapter, if the applicant agrees to provide the following:
l. A minimum of thirty-three percent of the total units of the proposed condominium
conversion project as restricted and affordable to low-income or moderate-income households;
or
2. A minimum of fifteen percent of the total units of the proposed condominium conversion
project as restricted and affordable to lower-income households.
B. For purposes of this section "dens ity bonus" means an increase in units of twenty-five percent
over the number of apartments, to be provided within the existing structure or structures proposed
for conversion.
C. For purposes of this section, "other incentives of equivalent financial value" sh al I not be
construed to require the city to provide monetary compensation, but may include the waiver or
reduction of requirements that might otherw ise a pply to the proposed condominium conversion
project.
D. The density bonus dwelli ng units shall not be included when determining the number of housing
units req uired to be reserved for income-restricted households.
E. When calculating the density bonus, or the requ ired number of target dwelling units, any
calculations resulting in fracti onal units shall be separatelv rounded up to the next whole
nu m be rttff-i.t:.
F. Nothing in this section shall be construed to req uire that the city approve a proposal to convert
apa1tments to condominiums.
G. An applicant/developer proposing to convert apartments to condominiums shall be ineligible for a
density bonus or other incentives under this section if the apa1tments proposed for conversion
constitute a housing development for whi ch a density bonus or other incentives were provided under
Sections 21.86.040 and 2 1.86.050 of this chapter.
H. A density bonus housing agreement shall be made a condition of the discretionary permits
(tentative maps, parcel maps, planned un it developments and condominium permits) for all
condominium conversion proposa ls that req uest a density bonus or other incentives. The relevant
terms and conditions of the density bonus housing agreement shall be fi led and recorded as a deed
restriction on those individual lots or un its of a project development which are designated for the
location of target dwelling units. The density bonus housing agreement shall be consistent with
Section 21.86.130 of this chapter.
I. An applicant shall be ineligible for a density bonus, or any other incentives or concessions under
this chapter if the condominium project is proposed on any property that includes a parcel or parcels
on which rental dwelling units are or, if rental dwelling units have been vacated or demolished in the
five-year period preceding the application, have been subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and fam ilies of lower or very low income;
subject to any other form of rent or price control through the city's va lid exercise of its police
power; or occupied by lower-or very low-inco me households, unless the proposed condominium
project replaces those units, as defined in Section 2 I .86.040(K)(3) of this chapter, and either of the
fo llowing applies:
I. The proposed condominium project, inclusive of the un its replaced pursuant to Section
2 I .86.040(K)(3 ) of this chapter, contains affordable units at the percentages set forth in
subsection A.
2. Each un it in the development, exclusive of a manager's unit or units, is affordable to, and
occupied by, either a lower or very low income household. (Ord. CS-280 § 3, 2015; Ord. NS-
794 § 11 , 2006)
21.86.075 Development bonus with commercial development and partnered housing.
A. When an appli cant for approval of a commercial development has entered into an a!!reement for
partnered housing described in subsection C. to contribute affordable hou sing through a joint project
or two separate projects encompassin!! affordable housing. the citv shall grant to the commercial
developer a development bon us as prescribed in subsection B. The housi n2: shall be constructed on
the site of the commercial development or on a site that includes all of the followin2::
I. Within the citv:
2. In close proximity to publ ic amenities includin2: schools and emplovment centers: and
B.
C.
D.
3. Located with in one-half mi le of a major transit stop. as defined in subdivision (b) of Secti on
21155 of the Cali forni a Pub I ic Resources Code.
The development bonus granted to the commercial developer shall mean incenti ves. mutually agreed
upon by the developer and the citv. that mav include. but are not limited to. any of the fo llowin g:
I.
2.
3.
4.
5.
6.
Up to a twentv percent increase in maximum allowable intensity in the General Plan:
Up to a twenty percent increase in maximu m allowable floor area ratio:
Up to a twentv percent increase in max imum height requirements;
Up to a twentv pe rcent reduction in minimum parki ng requirements:
Use ofa limited-use/limited-application elevator for upper floor access ibil ity: or
An exception to the zoning ord inance or other land use regul ation.
For the purposes of this section. the agreement for partnered housing shall be between the commercial
developer and the housin!! developer. shall identify how the commercial developer will contribute
affordable housing_ and sha ll be approved bv the decision-making body.
For the purposes of this section. affordable housin g may be contributed by the com mercial developer
in one of the fo llowing manners:
I.
2.
,,
.) .
The commercial developer mav directly build the units:
The commercial developer mav donate a portion of the site or propertv elsewhere to the
affordable housing developer for use as a site fo r affordable housing: or
The commercial developer may make a cash payment to the affordable housing deve loper that
shall be used towards the costs of constructing the affordable housin g project.
E. For the purposes of this section. subsection 2 I .86.040(K) shall apply.
F. Nothin!! in thi s section shall preclude any additional allowances or incentives offered to developers
bv the city pursuant to law or regulation.
G. If the developer of the affordable units does not commence with construction of those un its in
accordance with ti me lines ascri bed by the agreement descri bed in subsection C. the city may withhold
ce1t ificates of occupancy for the commercial development under construction until the developer has
completed construction of the affordab le units.
1-1. In order to qualify fo r a development bonus under this section. a commercial developer shall pa1tner
with a housing developer that provides at least thirty percent of the total uni ts for low-income
households or at least fifteen percent of the total units fo r very low-i ncome households.
I. Nothing in th is secti on shall preclude an affordab le housing developer from seeking a density bonus.
concessions or incentives. wa ivers or reductions of development standards. or parking rati os under
this chapter.
J. A development bonus pursuant to this section shall not inc lude a reduction or waiver of the
requirements within an ordi nance that requ ires the pavment of a fee bv a commercial developer for
the promotion or provision of affordable housing.
K. The citv shall submit to the Department of I-lousing and Comm unitv Development. as pa rt of the
annual repo1t required bv California Govern ment Code Section 65400 (Housing Report). information
describing a commercial developm ent bonus approved pursuant to this section. including th e terms
of the agreements between the commercial developer and the affordable housi1H! developer. and the
developers and the citY. and the number of affordable units constructed as pait of the a!!reements.
L. For purposes of this section. "'partner·· shall mean formation of a pa1t nership. lim ited liabilitv
company. corporation. or other entity recognized by the state in which the commercial development
applicant and the affordable housin g developer are each pa rtners. members. shareholders or other
participants. or a contract or agreement between a commercial development applicant and affordable
housing developer fo r the development of both the commercial and the affordable housin!! prope1t ies.
M. This section shall remain in effect only unti l January I. 2022. and as of that date is repealed.
21.86.080 Housing developments with child day care centers.
A. When an applicant proposes to construct a housing development that conforms to the
requirements of Section 21.86.040(A) of th is chapter, and includes a child day care center that wi ll
be located on the premises of, as part of, or adj acent to, the project, the following provisio ns shall
apply:
I. The decision-making body shall grant either of the following:
a. An additional density bonus that is an amount of square feet of residential space
that is equal to or greater than the amount of square feet in the child day care center; or
b. An additional incentive or concession that contributes signi fica ntly to the
economic feasibility of the construction of the child day care center.
2. The decision-making body shall require, as a condition of approval of the housing
development, that the fo llowing occur:
a. The child day care center shall remain in operation for a period ohime that is as
long as or longer than the period of time during which the target dwelling units are
required to remain affordable, pursuant to Section 2 1.86.100 of this chapter; and
b. Of the children who attend the child day care center, the children of ve1y low-,
lower-, or moderate-income households shall equal a percentage that is equal to or greater
than the percentage of dwelling units that are required fo r very low-, lower-, or moderate-
income households pursuant to Section 21.86.040(A) of thi s chapter.
3. Notwithstanding any requirement of thi s section, the decision-makin g body shall not be
required to provide an additional density bonus, incentive or concession for a child day care
center if it finds, based on substantial evidence, that the community has an adequate number of
child day care centers. (Ord. NS-794 § I I, 2006)
21.86.090 Density bonus housing standards.
A. Req uired target dwelling units shall be constructed concurrent with market-rate dwelling units
unless both the final decision-making authority of the city and the developer/applicant agree with in
the density bonus housing agreement to an alternative schedule for development.
B. Whenever feasible, target dwelling units and density bonus dwelling units should be built on-site
(within the boundary of the proposed development) and, whenever reasonably possible, be
distributed throughout the project site.
C. Whenever feasible, target dwelling units should be located on sites that are in proximity to, or
will provide access to, employment opportunities, urban services, or major roads or other
transpo1tation and commuter rail facilities (i.e., freeways, bus lines) and that are compatible with
adjacent land uses.
D. Whenever feasible, target dwelling units shou ld vary in size and number of bedrooms, in response
to affordable housing demand priorities of the city.
E. Density bonus projects shall comply with all applicable development standards, except those
which may be modified as an incenti ve or concession, or as otherwise provided for in this chapter.
In addition, all units must conform to the requirements of the applicable building and housing codes.
The design of the target dwelling units shall be reasonably consistent or compatible with the design
of the total project development in terms of appearance, materials and finished quality.
F. No building permit shall be issued, nor any development approval granted, for a development
which does not meet the requirements of this chapter. No target dwelling uni t shall be rented or sold
except in accordance with this chapter.
G. Upon the request of the applicant, the parking ratio (inclusive of handi cap and guest parking) for
a housing development that conforms to the requirements of Section 2 I .86.040(A) of this chapter
shall not exceed the ratios specified in Table E or as noted, below. If the applicant does not request
the parking ratios specified in this section or the project does not conform to the requirements of
Section 2 I .86.040(A) of this chapter, the parking standards specified in Chapter 2 1.44 of this code
shall apply.
I. If a development in cludes the maximum percentage of low-or very low-income units
provided for in Section 21.86.040(A) and is located within one-half mile of a maj or transit
stop, as defined in the State Pub I ic Resources Code (subdivision (b) of Section 21155), and
there is unobstructed access to the major transit stop from the development, then, upon the
request of the developer, the city shall not impose a vehicular parking ratio, inclusive of
handicapped and guest parking, that exceeds 0.5 spaces per bedroom. For purposes of this
subsection, a development shall have unobstructed access to a major transit stop if a resident is
able to access the major transit stop without encountering natura l or constructed impediments.
2. If a development consists solely of rental units, exclusive of a manager's unit or units,
with an affordable housing cost to lower income families, as provided in State Health and
Safety Code Section 50052.5, then, upon the request of the developer, the city shall not impose
a vehicular parking rati o, inclusive of handicapped and guest parkin g, that exceeds the
following ratios:
a. If the development is located within one-half mile of a major transit stop, as
defined in State Pub lic Resources Code (subdivision (b) of Section 211 55), and there is
unobstructed access to the major transit stop from the development, the ratio shall not
exceed 0.5 spaces per unit.
b. If the development is a fo r-rent housing development fo r ind ividuals who are 62
years of age or older that comp I ies with State Civi I Code (Sections 51.2 and 5 1.3), the
ratio shall not exceed 0.5 spaces per unit. The development sha ll have either paratransit
se rvice or unobstructed access, within one-half mile, to fixed bus route service that
operates at least eight times per day.
c. If the development is a special needs housing development, as defined in State
Health and Safety Code (section 513 12), the ratio shall not exceed 0.3 spaces per unit.
The development shall have either paratransit service or unobstructed access, within one-
half mile, to fixed bus route service that operates at least eight times per day.
3. If the total number of parking spaces required fo r a development is other than a whole
number, the number shall be rounded down to the next whole number.
4. For purposes of this section, a housing deve lopment may provide "on-site" parking
through tandem pa rking or uncovered parking, but not through on-street parking.
5. The appl icant may request parking incentives or concessions beyond those provided in
th is section, s ubject to the find ings specifi ed in Section 2 l .86.050(A)(2) of th is chapter.
6. Notwithstanding subsections (G)( I) and (G)(2) of this section, if the city or an
independent consultant has conducted an area-wide or jurisdiction citywide parking study in
the last seven years, then the city may impose a higher vehicular parking ratio not to exceed
the ratio described in Table E, based upon substantial evidence found in the parking study, that
includes, but is not lim ited to, an analysis of parking avai lability, differing levels of transit
access, walkability access to transit services, the potential fo r shared parking, the effect of
parking requirements on the cost of market-rate and subsidized developments, and the lower
rates of car ownershi p fo r low-and very low-income individuals, including seniors and special
needs ind ividuals. The city shall pay the costs of any new study. The city shall make fi ndings,
based on a parking study comp leted in conformity with this paragraph, supporting the need for
the higher park ing ratio.
Table E
Parking Ratio for Housing Developments
Dwellin g Unit Size
0-1 bedrooms
2-3 bedrooms
4 or more bedrooms
(Ord. CS-3 11 § I, 2017; Ord. CS-242 § I I, 2014; Ord. NS-794 § 11 , 2006)
21.86.100 Affordability tenure.
On-Site Parking Ratio
I space per unit
2 spaces per unit
2.5 spaces per unit
A. All low-and very low-income renta l dwelling units that qualified the housing project for a
density bonus shall remain restricted and affordable to the designated group for a pe riod of at least
55 years, or a longer period of time if required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program. Rents fo r the target dwelling
unit(s) shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code.
B. A ll very low-, low-and moderate-income for-sale dwelling units that qualified the housing
project for a density bonus shall be subject to the following:
1. The initial occupant(s) of the target dwelling unit(s) shall be persons and families of very
low, low or moderate income, as required, and the units shall be offered at an affordable
housing cost as defined in Section 50052.5 of the Health and Safety Code.
2. Unless in conflict with the requirements of another public funding source or law, the
target dwell ing unit(s) shall be subject to an equity sharing agreeme nt that specifies:
a. Upon resale, the seller of the unit shall retain the value of any improvements, the
down payment, and the seller's propo11ionate share of apprec iation.
b. Upon resale, the city shall recapture any initial subsidy and its proportionate
share of appreciation, which shall then be used within fi ve years for any of the pwvoses
described in subdivision (e) of Section 33334.2 of the Health and Safety Code that
promote homeownership.
i. For the purposes of this subsection, the city's initial subsidy shall be equal to the
fa ir market va lue of the home at the time of initial sale minus the in itial sale price to
the moderate-income household, plus the amo unt of any down payment assistance
or mortgage assistance. ff upon resale the market value is lower than the initial
market va lue, then the value at the time of the resale shall be used as the initial
market value.
ii. For the purposes of this subsection, the city's proportionate share of appreciation
shall be equal to the ratio of the city's initial subs idy to the fair market value of the
home at the time of initial sale .
3. If the city provides a direct financial contri bution to the housing development through
participation in cost of infrastructure, write-down of land costs, or subs idizing the cost of
construction, the target dwelling unit(s) shall remain affordable to the designated income group
for at least 30 years.
C. For rental projects, the city or its designee shall have a one-time first right of refusal to purchase
any proj ect containing affordable units offered for sale at the end of the minimum tenure of
affordability. The first right of refusal to purchase the rental project shall be submitted in writing to
the housing and neighborhood services director. W ithin 90 days of its receipt, the city shall indicate
its intent to exercise the first ri ght of refusal for the purpose of provid ing affordable housing. (Ord.
CS-280 § 4, 201 5; Ord. CS-242 § 12, 2014; O rd. CS-164 § 12, 2011 ; Ord. NS-794 § 11, 2006)
21.86.110 Application process.
A. The granting of a density bonus, incentive or concession, pursuant to this chapter, shall not be
interpreted, in and of itself, to require a general plan amendment, zone code amendme nt, local
coastal plan amendment, zone change, other discretionary approval, or the waiver of a city
ordinance or provisions of a c ity ordinance unrelated to development standards.
B. Preliminary Application. A preliminary application may be submitted prior to the submittal of
any formal development application for a housing project that includes a request for a density
bonus, incentive(s) or concession(s). The preliminary application should include the fo llowing
information:
I. A brief description of the proposal including the number of target dwell ing units and
density bonus units proposed;
2. The zonin g, general plan designations and assessors parcel num ber(s) of the project site;
3. A site plan, drawn to scale, which includes: building footprints, driveway and parking
layout, existing contours and proposed grading;
4. A letter identify ing what specifi c density bonus, incentives or concession s (e.g., standards
mod ifications, additional density bonus, or fee waiver, etc.) are being requested of the city; and
5. The planning division shall prov ide to an applicant/developer, a letter that identifies
project issues of concern and the procedures fo r comp liance with this chapter.
C. Formal Application. A request fo r a density bonus, incentive(s) or concession(s), pursuant to this
chapter, does not req uire a discretionary approval. The request shall be processed as parr of the
development appli cations for a housing development, as otherwise requi red in other sections of this
code (e.g., site development plan, tentati ve map, parcel map, planned unit developm ent, conditional
use permit, redevelopment permit, etc.).
I. If the project in volves a request for direct financial incenti ves from the city, then any
action by the planning commission on the application shall be advisory only, and the city
council shall have the authority to make the fi nal decision on any discretionary permits related
to the project.
2. The fo llowing information shall be included with the development applicati on(s) requi red
fo r the project:
a. A lega l description of the total site proposed for development of the target
dwelling units including a statement of present ownershi p and present and proposed
zon rn g;
b. A letter signed by the present owner stating what specific density bonus,
incentives~ or concessions. waivers or modifications in development standards (e.g ..
standards modifications. additional density bonus. or fee waiver. etc.) are being req uested
from the city;
c. A detailed vicinity map showing the project location and such details as the
location of the nearest commerc ial retail, transit stop, potential employment locati ons,
park or recreation facil ities or other social or community serv ice facilities;
d. Site plans, designating the total number of units proposed on the site, including
the number and location of target dwelling units and density bonus dwelling units, and
supporting plans per the application submittal requirements;
e. In the case of a request for any incentive(s) or concession(s), a pro form a for the
~ed project tojustifyevidcncc that the request will result in identifiable and actual
cost reductions, in accordance with the provisions of Section 2 1.86.050 of this chapter;
f. In the case of a request for a wa iver or reduction of development standards,
pursuant to Section 21.86.060 of this chapter, evidence that the development standa rd
being waived or reduced will have the effect of physically precluding th e construction of
the development at the densities or with the concessions or incentives permitted by this
chapter;
g. In the case of a condominium conversion request, a report with sufficient
evidence to determine whether replacement dwelling units are required pursuant to
Section 2 I .86.040(K):documenti ng the fo llowing in fo rmation for each unit proposed to
be converted:
I.
11.
111.
The monthly income oflenants of each unit throughout the prior yea r,
The monthly rent for each unit throughout the prior year, and
Vacancy info rmation for each unit throughout the prior year.
h. In the case of a request for a density bonus on property that contain s or did
contain rental dwelling units. a report with sufficient evidence to determ ine whether
rep lacement dwelling units are req uired pursuant to Section 2 I .86.040(K): and
1. The number of parking spaces proposed and whether applicant is requesting a
parking rati o pursuant to Section 2 I .86.090(G).
3. Upon subm ittal. the plannin g division will review the application for completeness within
the time lines specified in Government Code Section 65943. lf the application is determined to
be compl ete. the pl ann ing division shall so noti fy the applicant in writing. along with a
determination as to the fo llowing:
a. The amount of densitv bonus. calculated pursuant to Section 2 I .86.040(B). for
which the app licant is eligible:
b. If the applicant requests a parking ratio pursuant to Section 2 I .86.090(G)( 6). the
parking ratio for which the appli cant is eligible: and
c. If the applicant requests incentives or concessions pursuant to Section 21.86.050.
or waivers or reductions of development standards pursuant to Section 21 .86.060.
whether the information provided in the application is adequate for the city to make a
delennination as lo those incentives. concessions. or waivers or reductions of
developm ent standards.
4. Any determination required by paragraph 3 above shall be based on the development
project at the time the application is deemed complete. The local government shall adju st the
amount of density bonus and parking ratios awarded pursuant to this section based on any
changes to the project during th e course of development.
5. The citv planner is authorized to modify all adm inistrative procedures. fo rms. checklists.
and templ ates as necessa1y to ensure expeditious processing of a density bonus application
consistent with thi s chapter.
-(Ord. CS-280 § 5, 2015; Ord. CS-242 § 13, 2014; Ord. CS-164 § 11, 201 1; Ord.
NS-794 § 11 , 2006)
21.86.120 Findings for approval.
A. When a project involves a request for a density bonus, incentive(s) or concession(s), the
following findings shall be made as part of the approval of the development application(s) required
for the project:
I. The project is consistent with the provisions of this chapter.
2. T he requested incentive(s) or concession(s) will result in identifiable. financially
sufficient. and actual cost reductions.
3. In cases where an applicant requests a waiver o r reduction of development standards,
pursuant to Section 21.86.060, the requested waiver or reduction of development standard(s) is
necessary to avoid physically precluding the construction of a housing development at the
densities or with the incentives or concessions permitted by this chapter.
4. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of
development standards, if any, wi II not result in an adverse impact, as defined in paragraph (2)
of subdiv ision (d) of Section 6?589.5 of the California Government Code, to the public health
and safety, the environment, or o n any real property that is listed in the California Register of
Historical Resources; or, if the request will result in an adverse impact, then the request may be
a pproved if the foll owing finding is made:
a--:--+!here is no feas ible method to sati sfactorily mitigate or avoid the specific adverse
impact.
5. In cases where an applicant requests to convert apartment units to condominiums, the
condominium conversion project shall not result in a reduction in the affordable housing stock
for lower-income groups, as of most recent inventory.
6. For development located in the coastal zone, the requested density bonus, and any
requested incentive(s), concession(s), and/or waiver(s) or reduction(s) of development
standards, are consistent with this chapter and Division 20 ( comme ncing with Secti on 30000)
of the Public Resources Codeall applicable requirements of the ce11ified Carlsbad Local
Coastal Program Land Use Plan(s). witl~ the exception of density.
7. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of
development standards would be contrary to state or federal law. (Ord. CS-242 §§ 14, 15,
201 4; Ord. NS-889 § 3, 2008; O rd. NS-794 § 11 , 2006)
21.86.130 Density bonus housing agreement.
A. Applicants/developers, requesting a density bonus, incentives or concessions pursuant to th is
chapter, shall demonstrate compliance with this chapter by executing a density bonus housing
agreement prepared by the city housing and neighborhood services director and submitted to the
developer for signature.
B. Dens ity bonus hous ing agreements for projects involving a request for d irect financial incentives
from the city shall be subject to city council approval; otherwise, the agreement shall be subject to
the approval of the community and economic development director.
C. Following the approval and the signing by a ll pa11ies, the completed density bonus housing
agreement, with approved site development plan, sha ll be recorded against the entire development,
including market-rate lots/units; and the relevant terms and conditions therefrom fi led and recorded
as a deed restriction or regulatory agreement on those individual lots or units of a property which are
designated for the location of target dwelling units.
D. The approval and signing by all parties of the density bonus housing agreement shall take place
prior to final map approval, and the agreement shall be recorded concurrent with the final map
recordation or, where a map is not being processed, prior to issuance of building permits for such
lots or units.
E. The density bonus housing agreement shall be binding to all future owners and successors in
interest.
F. A density bonus housing agreement for a housing development or condominium conversion
project processed pursuant to this chapter shall include, bu t not be limited to, the fo llowing:
I. The number of density bonus dwelling units granted;
2. The number and type (e.g., restricted to lower-or moderate-income households) of target
dwelling units proposed;
3. The unit size(s) (square footage) of target dwelling units and th e number of bedrooms per
target dwelling unit;
4. The proposed location of the target dwelling units;
5. Schedule fo r production of target dwe lling units;
6. Incenti ves or concessions provided by the city;
7. Where applicable, tenure and conditions governing the initial sale of fo r-sale target units;
8. Where applicable, tenure and conditions establishing rules and procedures fo r qualifying
tenants, setting rental rates, filling vacancies, and operating and mainta ining units fo r rental
target dwelling units; and
9. Where applicable, requirements for other documents to be approved by the city, such as
marketing, leasing and management plans; financial assistance/loan documents; resale
agreements; and monitoring and compliance plans. (Ord. CS-164 §§ 12, 14, 20 I I; Ord. NS-
794 § I I, 2006)
21.86.140 Agreement processing fee.
The city council may establish by resolution, fees to be paid by the applicant to defray the city's cost of
preparing and/or reviewing all density bonus housing agreements. (Ord. NS-794 § 11 , 2006)
21.86.150 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid ,
the remainder of the cha pter and the application of the provision to other persons not similarly situated or
to other circumstances shall not be affected thereby. (Ord. CS-I 02 § CXVI, 20 IO; Ord. NS-794 § 11 ,
2006)
SAN DIEGO
COUNTY
REGIONAL
AIRPORT
AUTHORITY
June 5, 2019
Ms Melanie Saucier
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Re: Airport Land Use Commission Consistency Determination -Amendments to Zone
Code for Affordable Housing Density Bonus and lnclusionary Housing Regu lations,
City of Carlsbad
Dear Ms Saucier:
As the Airport Land Use Commission (ALUC) for San Diego County, the San Diego County
Regional Airport Authority acknowledges receipt of an application for a determination of
consistency for the project described above. Areas covered by this project lie within the
Airport Influence Area (AJA) for the McClellan-Palomar Airport -Airport Land Use
Compatibility Plan (ALUCP).
ALUC staff has reviewed your application and accompanying materials and has determined
that it meets our requirements for completeness. In accordance with ALUC Policies and
applicable provisions of the State Aeronautics Act (Cal. Pub. Util. Code §21670-21679.5),
ALUC staff has determined that the proposed project is consistent with the ALUCP based
upon the facts and findings summarized below:
(1) The project proposes amendments to the City of Carlsbad Zone Code in order to align
affordable housing density bonus regulations with State law and offer additional local
incentives to expand the production of affordable housing units. None of the
amendments has a direct bearing upon airport related matters and do not include any
physical improvements.
(2) The proposed project does not involve any actual development and thus does not impact
any noise exposure contours of any ALUCP, but any development permitted under this
project would be subject to respective sound attenuation or avigation easement
requirements as applicable of the ALUCP.
(3) The proposed project does not involve any actual development and thus does not impact
any airspace protection surfaces of any ALUCP, but any development permitted under
this project would be subject to notification requirements to the Federal Aviation
Administration (FAA) and compliance with FAA determinations of no hazard to air
navigation prior to construction.
PO Box 82776
San Diego, CA 92138-2776
www.san.org/aluc
AIRPORT
LAND USE
COMMISSION
(4) The proposed project does not involve any actual development and thus does not impact
any safety zones of any ALUCP, but any development permitted under this project
would be subject to the applicable safety zone density limits of the ALUCP, including
counting any residential units permitted as density bonuses as dwelling units for
purposes of ALUCP safety compatibility.
(5) The proposed project does not involve any actual development and thus does not impact
any overflight notification requirements of any ALUCP, but any development permitted
under this project would be subject to applicable ALUCP overflight notification
requirements.
(6) Therefore, the proposed project is compatible with the adopted McClellan-Palomar
Airport ALU CP.
(7) This determination of consistency is not a "project" as defined by the California
Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21065, and is not a
"development" as defined by the California Coastal Act, Cal. Pub. Res. Code §30106.
This determination will be reported to the ALUC at its public meeting on July 11, 2019.
Please contact Ed Gowens at (619) 400-2244 if you have any questions regarding this letter.
Yours truly,
Ralph Redman
Manager, Airport Planning
cc: Brendan Reed, SDCRAA Planning & Environmental Affairs
Amy Gonzalez, SDCRAA General Counsel
AIRPORT
LAND USE
COMMISSION
From:
To:
Subject:
Date:
Attachments:
Merri Lopez-Keifer
Melanie Saucier: Carmen Mojado
DECLINE to Consult Pursuant to SB 18 -Inclusionary Housing and Density Bonus Amendments to GP
Wednesday, August 14, 2019 5:49:25 PM
Jnclusionary Housing Amendments DECLINE to Consult SB18.pdf
Dear Ms. Saucier:
Attached please find a letter from the San Luis Rey Band of Mission Indians DECLINfNG to
consult pursuant to SB I 8 regard ing the Inclu sionary Housing and Density Bonus
Amendments to the City of Carlsbad's Genera l Plan.
Respectfu 11 y,
Merri Lopez-Keifer
Chief Legal Counsel
San Luis Rey Band of Mission Indians
(925) 457-3395
lopezkeifer@gmail.com
The information in this e-mail message is intended fo r the
confidential use of the addressees only. The information is subject to
attorney-client privilege and/or may be attorney work product.
Recipients should not fi le co pies of this e-mail with publicly
accessible records. If you are not an addressee or an authorized agent
responsible fo r delivering this e-mail to a designated addressee, you
have received this e-mail in error, and any further review,
dissemination, distribution, copying or forwarding of this e-mail is
strictly pro hibited. If you received this e-mail in error, please
notify us immediately at (925) 457-3395. Thank you.
SAN LUIS REY BAND OF MISSION INDIANS
1889 Sunset Drive • Vista, California 92081
760--724--8505 • FAX 760--724--2172
www.slrmissionindians.org
August 14, 2019
Melanie Saucier
Associate Planner
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
VIA ELECTRONIC MAIL
Melanie.Saucier@carlsbadca.gov
RE: TRIBAL RESPONSE REGARDING THE PROPOSED INCLUSIONARY
HOUSING AND DENSITY BONUS AMENDMENTS TO THE CITY OF
CARLSBAD'S GENERAL PLAN AND ITS POTENTIAL IMPACTS TO
LUISENO NATIVE AMERICAN TRIBAL CULTURAL RESOURCES
AND REQUEST FOR SB 18 CONSULTATION
Dear Ms. Harker:
We, the San Luis Rey Band of Mission Indians have received and reviewed the City of
Carlsbad's letter dated June 4, 2019 inviting the San Luis Rey Band of Mission Indians to meet
and confer with the City of Carlsbad pursuant to SB 18 Consultation for the proposed
Inclusionary Housing and Density Bonus Amendments to the General Plan. The San Luis Rey
Band of Mission Indians has reviewed and considered the proposed amendments to the City of
Carlsbad's Housing Element Program 3.1 and respectfully DECLINES to consult with the City
of Carlsbad at this time.
Sincerely,
Merri Lopez-Keifer
Chief Legal Counsel
San Luis Rey Band of Mission Indians
SB 18 DECLINE to Consult -Inclusionary Housing and Density Bonus Amendments Pagel
From:
To:
Subject:
Date:
Greetings,
Padilla, Lacy (JRBL}
Melanie saucier
SB 18 Consultation: Inclusionary Housing and Density Bonus Amendments
Monday, July 01, 2019 3:20:37 PM
A records check of the Tribal Historic preservation office's cultural registry revealed that this project
is not located within the Tribe's Traditional Use Area. Therefore, we defer to the other tribes in the
area. This letter shall conclude our consultation efforts.
Thank you,
Lacy Padilla
Archaeologist
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive Palm Springs, CA 92264
D: 760-699-6956 I C: 760-333-5222
The information contained in this message may be privileged and confidential and protected
from disclosure. If the reader of this message is not the intended recipient, or an employee or
agent responsible for deli vering this message to the intended recipient, yo u are hereby notified
that any di ssemination, distribution, or copying of this communication is strictly prohibited. If
you have received th is co mmunication in error, please notify us immediately by replying to
the message and deleting it from your computer
From:
To:
Subject:
Date:
Ray and Ernest,
Melanie Saucier
rteran@viejas-nsn.gov; epingleton@viejas-nsn gov
Tribal Consultation on Inclusionary Housing and Density Bonus Amendments
Thursday, July 11, 2019 9:4S:00 AM
I received your letter on possibly wanting to set up a time to discuss our lnclusionary Housing and
Density Bonus Amendments project. I also left you a voicemail message before the July 4th holiday.
We have notified the San Pasqual Band of Mission Indians in our previous noticing and will ensure
all CEQA laws will be followed. Thi s project is a city-wide update to its inclusionary housing and
density bonus ordinances to align with recent changes in state law. Changes to the density bonus
ordinance are mandatory; the amendment to the city's inclusionary housing ordinance is
discretionary.
Please let me know if you would like to discuss in further detail. I can be reached by phone or email
below.
Thank you,
Melanie
{ City of
Carlsbad
Melanie Saucier
Associate Planner
Community and Economic Development Department
Planning Division
1635 Faraday Ave
Carlsbad, CA 92008
www.carlsbadca.gov
760-602-4605 I melanie saucier@carlsbadca gov
From:
To:
Subject:
Date:
Melanie Saucier
"rteran@viejas-nsn gov"; "epinqleton@yiejas-nsn.gov"
Tribal Consultation on Inclusionary Housing and Density Bonus Amendments
Wednesday, July 24, 2019 9:03:00 AM
Good Morning Ray and Ernest,
I wanted to follow back up with you both to see if there is any interest in discussing the City of
Carlsbad lnclusionary Housing and Density Bonus Amendments project. We are available to consult
with you on this item at your convenience.
Thank you,
Melanie
(City of
Carlsbad
Melanie Saucier
Associate Planner
Community and Economic Development Depa rtment
Planning Division
1635 Faraday Ave
Carlsbad, CA 92008
www.carisbadca.gov
760-602-4605 I melanie saucier@carlsbadca.gov
From: Melanie Saucier
Sent: Thursday, July 11, 2019 9:46 AM
To: rteran@viejas-nsn.gov; epingleton@viejas-nsn.gov
Subject: Tribal Consultation on lnclusionary Housing and Density Bonus Amendments
Ray and Ernest,
I received your letter on possibly wanting to set up a time to discuss our lnclusionary Housing and
Density Bonus Amendments project. I also left you a voicemail message before the July 4th holiday.
We have notified the San Pasqual Band of Mission Indians in our previous noticing and will ensure
all CEQA laws will be followed. This project is a city-wide update to its inclusionary housing and
density bonus ordinances to align with recent changes in state law. Changes to the density bonus
ordinance are mandatory; the amendment to the city's inclusionary housing ordinance is
discretionary.
Please let me know if you would like to discuss in further detail. I can be reached by phone or email
below.
Thank you,
Melanie
{ City of
Carlsbad
Melanie Saucier
Associate Planner
Community and Economic Development Department
Planning Division
1635 Faraday Ave
Carlsbad, CA 92008
www.carlsbadca.gov
760-602-4605 I melanie.saucier@carlsbadca.gov
June 27, 2019
Melanie Saucier
Associate Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008 ·
TRIBAL G OVERNMENT
RE: lndusionary Housing and Density B onus Amendrrients
Dear Ms. Saucier,
P.O Box 908
Alpine, CA 91903
# 1 Viejas Grade Road
Alpine, CA 91901
Phone: 619.4453810
Fax: 619.4455337
v1eias.com
The Viejas Band of Kurneyaay Indians ("Viejas'') has reviewed the proposed project and
at this time we have determined that th_e project site hr.!S cultural significance or ties t.o
the Kumeyaay Nation. We recommend that you notity the: ·
San Pasqual Band of Mission Indians
P.O. Box ·355
Valley Center, Ca 92082
Additionally, we request, as appropriate, the following:
• A ll NEPA/CEQA/NAGPRA laws be followed
4 Immediately contact San Pasqual on any changes or inadvertent discoveries.
Thank you for your collaboration and support in preserving our Tribal cultural resources.
I look forward to hearing from you. Please call Ine at 619-659-2312 or Ernest Pingleton
at 619-659-2314, or email, rteran@viejas-nsn.gov or f!p ingl~ton@viejas-ns11:.9..9.~. for
scheduling. Thank you. ·
Sincerely,
Ray Tera , Resource Management
VIEJAS A ND OF KUMEYAAY INDIANS
Cc: San Pasqual ·
City. of Carlsbad
JUN 2 8 20 19
Planning Division