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Home My WebLink About1995-04-19; Planning Commission; ; MP 175F - POINSETTIA SHORES - MINOR AMENDMENTAPPLICATIO. COMPLETE DATE: APRIL 12, 1995 PROJECT PLANNER: ERIC MUNOZ STAFF REPORT DATE: APRIL 19, 1995 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: MP 175(F) -POINSETTIA SHORES -MINOR AMENDMENT -Request for a minor master plan amendment to actualize the off-site option for the provision of 90 affordable housing dwelling units to satisfy the Poinsettia Shores Master Plan's affordable housing requirement. The Poinsettia Shores Master Plan is located north of the Batiquitos Lagoon, west of the 1-5 freeway, in the Coastal Zone, in the southwest quadrant of the City within Local Facilities Management Zone 9. I. RECOMMENDATION That the Planning Commission find the proposed master plan amendment to be minor in nature and ADOPT Planning Commission Resolution No. 3774 APPROVING MP 175(F) based on the findings and subject to conditions contained therein. II. PROJECT BACKGROUND AND DESCRIPTION The Poinsettia Shores Master Plan, approved by the City Council on January 4, 1994 and by the Coastal Commission on May 12, 1994, covers the P-C (Planned Community) zoned property located north of the Batiquitos Lagoon and west of I-5 as shown on the attached location map. The approved master plan intends to utilize a State density bonus in order to provide affordable housing units. As discussed in the master plan (pages 40, 41 and 100) this would result in the provision of 90 affordable housing units. The master plan (as well as the Local Coastal Program) allows for this 90 unit requirement to be satisfied either (1) onsite within Planning Area D, or (2) offsite per the provisions of an Affordable Housing Agreement as approved by the City Council. As the Commission is aware, the applicant has been simultaneously pursuing both the on-site as well as off-site options. The Planning Commission at its meeting of February 15, 1995 recommended approval of the on-site project of 90 units located in Area D. At the same time, the applicant has been designing and refining an Affordable Housing Agreement to secure the off-site option of providing 90 units at one of two projects also located in the southwest quadrant (Laurel Tree and La Terraza). MP 175(F) -POINSETirAHORES MINOR AMENDMENT - APRIL 19, 1995 PAGE2 While the on-site or off-site option is clearly allowed by the master plan, the process to actualize one option or the other is contained in the City's fuclusionary Housing Ordinance (Chapter 21.85 of the Carlsbad Municipal Code). Since the on-site option (Area D) was reviewed by the Planning Commission, the formal modification to actualize the off-site option must involve a minor master plan amendment as required by Section 21.85.070(d)(6). The minor master plan amendment process itself, is described in Section 21.38.120. Accordingly, the applicant is processing this minor master plan amendment to allow for the designation of the off-site option to provide the master plan's affordable housing requirement. Two conditions of approval are associated with this project. The first is that the applicant shall provide replacement pages to the master plan text eliminating any references to the on-site option for affordable housing units. The new wording and text changes will be substantially the same as the text shown on Exhibit "A" dated April 19, 1995. The second condition addresses the potential situation where the City Council does not approve an Affordable Housing Agreement for the off-site provision of affordable units. fu this case, the on-site project of Area D will remain active and have the ability to go to the City Council for final action so that the master plan is able to satisfy its affordable housing requirement. m. 1. 2. ANALYSIS Is the proposed master plan amendment minor in nature, as defmed by Section 21.38.120(a)(3) of the Carlsbad Municipal Code? Is the proposed master plan amendment consistent with the intent and purpose of the Poinsettia Shores Master Plan (MP 175-D). DISCUSSION 1. Nature of Amendment The P-C Zone, Chapter 21.38 of the Carlsbad Municipal Code, sets forth criteria for evaluating master plan amendments. According to Section 21.38.120(a)(3), the Planning Commission may consider a master plan amendment to be minor in nature and make a determination on the amendment without the need for a public hearing or City Council review. For a master plan amendment to be considered minor, it cannot "change the densities or the boundaries of the subject property, or involve an addition of a new use or group of uses not shown on the original master plan or the rearrangement of uses within the master plan." Allowing the master plan to actualize one of two options, either of which is acceptable and allowable by the master plan, fits within the criteria of a minor amendment. As described earlier, the minor amendment process is required by Chapter 21.85 since the on-site option had been previously formally pursued in the form of Area D going forward MP 175(F) -POINSETirAHORES MINOR AMENDMENT - APRIL 19, 1995 PAGE 3 2. to the Planning Commission. No impacts to the master plan's ability to satisfy its affordable housing requirement will result from the approval of this minor amendment. Master Plan Consistency As mentioned earlier, the master plan provides for the option of providing affordable housing units either on-site on Area Dor off-site at a location per an Affordable Housing Agreement as approved by the City Council. Therefore, the approval of this minor amendment request to actualize the off-site option is consistent with the intent, purpose, and specific provisions of the Poinsettia Shores Master Plan, as well as the corresponding Local Coastal Program (West Batiquitos LCP). IV. ENVIRONMENTAL REVIEW Since this amendment request only involves the designation of the off-site option for affordable housing units as currently allowed by the Poinsettia Shores Master Plan, the Planning Director has determined that this project is categorically exempt as a minor alteration to existing land use limitations per Section 15305 of the State CEQA Guidelines. The Planning Director will issue a Notice of Exemption upon project determination. V. SUMMARY Considering that the proposed master plan amendment meets the criteria for a minor amendment and is consistent with the intent and purpose of the Poinsettia Shores Master Plan, staff recommends that the Planning Commission find the amendment to be minor in nature and approve MP 175(F). ATTACHMENTS 1. Planning Commission Resolution No. 3774 2. Location Map 3. Letter dated April 12, 1995 requesting the minor amendment 4. Exhibit "A" dated April 19, 1995; conceptual text changes to master plan. ENM:vd April 12, 1995 BATIQUITOS LAGOON • POINSETTIA SHORES MASTER PLAN MP 175(F) 04/12/95 10:27 e619 931 8386 • KAIZA PQINSE'J.1'IA ___ _ • KAIZA POINSETTIA CORPORATION April 12, 1995 Mr. Eric Munoz Planning Department City of Carlsbad 7220 Avenida Encinas, Suite 200, Cai·{sbad, CA 92009 Telephone: (619) 931-9100 Fax: (619) 931-8386 2075 Las J;almas Drive Carlsbad, CA 92009-4859 RE: Poinsettia Shores Master Plan Minor Amendment MP 175(F) Dear Eric: As we discussed please accept this letter as our request to process the enclosed draft Minor Master Plan Amendment relating to the offsite affordable housing alternative. While we understand that the specific language in the enclosed draft amendment may change, the intent is that the Master Plan implement the offsite alternative and area D be planned as 23 clustered homes plus any unused Master Plan units pursuant to Section B(2) on Page 129. We also understand that this amendment will be placed on the 4/19/95 Planning Commission agenda, but will only be effective if an Affordable Housing Mitigation Agreement acceptable to Kaiza is approved by the City Council. Also as we discussed, Noriko Saiga is returning from Japan later today and has not yet had the chance to fully review this Minor Amendment. Therefore, this request to process the Minor Amendment is subject to her final. review and approval and payment of the application processing fee of $1,700. We anticipate that she will address this matter by Friday 4/14/95. Please do not hesitate to call with any questions that you may have. Sincerely, ~~ Brian Murphy --- Project Manager !41002 04/12/95 10:31 '&619 931 8386 KAIZA POINSETTIA -- POINSETTIA SHORES MASTER PLAN MINOR AMENDMENT MP 175 (F) DATED 4/19/95 This minor amendment MP175(F) dated 4/19/95 hereby amends the Poinsettia Shores Master Plan MP l 75(D ) with respect to section VII entitled Affordable Housing and section XI (C) ~Planning Area D. The purpose and intent of this amendment is to implement the offsite affordable housing alternative as established by the Poinsettia Shores Master Plan MP l 75(D). Section VII ofthe Poinsettia Shores Master Plan MP175(D) is hereby deleted and amended in its entirety as follows: Any and all of the affordable housing requirements for the Poinsettia Shores Master Plan shall be satisfied and fully mitigated as provided for under the Affordable Housing Mitigation Agreement as approved by the City CounciL.eR 1"4:8~5. The Affordable Housing Mitigation Agreement is hereby deemed to implement the Poinsettia Shores Master Plan MP l 75(D) provisions under sections VII, XI (C) and other applicable sections allowing for all affordable housing to be located at a site outside of the Master Plan area (the offsite alternative). Section XI (C)-Planning Area D is hereby deleted and amended in its entirety as follows: Planning Area D shall be developed as market rate housing units using the same product type and applicable design criteria as setforth within planning area B-I. As provided under the Affordable Housing Agreement dated-----, any and all Poinsettia Shores Master Plan affordable housing requirements shall be satisfied offsite and therefore Planning Area D shall develop as market rate housing as provided for within the Poinsettia Master Plan. Planning Area D shall allow for the development of 23 market rate housing plus any additional units allocable to this ·planning area pursuant to section B .2, page 129 of the Poinsettia Shores Master Plan, all subject to the applicable design criteria established under Planning Area B-1. This amendment MP l 75(E) shall supersede and control over any other conflicting provisions within the Poinsettia Shores Master Plan. EXHIBIT "A" !ii1002