The public good is served when there exists in a city, housing
which is appropriate for the needs of and affordable to the public
who reside within that city. There is in the City of Carlsbad a need
for housing affordable to various groups, such as lower income, moderate
income and senior citizen households. 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 utilization of its
resources to facilitate the development of quality housing affordable
for these types of households.
A. It
is the purpose of this section to specify how compliance with Government
Code Section 65915 et seq. ("State Density Bonus Law") will be implemented,
as required by
Government Code Section 65915, subdivision (a).
B. It
is the purpose of this section to implement the goals, objectives
and policies of the housing element of the city's general plan.
C. It
is the purpose of this section to provide the implementing framework,
as it relates to affordable housing density bonuses, and offer concessions
and incentives for eligible housing developments which are consistent
with the city's long-standing commitment to provide for affordable
housing.
(Ord. CS-382 § 3, 2020)
The definitions found in State Density Bonus Law shall apply
to the terms contained in this chapter.
(Ord. CS-382 § 3, 2020)
A housing development as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory incentives that are provided by State Density Bonus Law when the applicant seeks and agrees to provide very-low, low or moderate income housing units, or units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in State Density Bonus Law. A housing development includes only the residential component of a mixed-use project. A commercial development as defined in Section
21.86.110 shall be eligible for a commercial development bonus as provided in Section
21.86.110.
The granting of a density bonus, incentive or concession, pursuant
to this section, shall not be interpreted, in and of itself, to require
a general plan amendment, development code amendment, zone change,
other discretionary approval, or the waiver of a city ordinance or
provisions of a city ordinance unrelated to development standards.
(Ord. CS-382 § 3, 2020)
All calculations are rounded up for any fractional numeric value
in determining the total number of units to be granted, including
base density and bonus density as well as the resulting number of
affordable units needed for a given density bonus project.
A. If a housing development qualifies for a density bonus under more than one income category, or additionally as a senior citizen housing development as defined in Chapter
21.84 and State Density Bonus Law, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one category can be combined up to the maximum allowed under State Density Bonus Law.
B. The
density bonus units shall not be included in determining the number
of affordable units required to qualify a housing development for
a density bonus pursuant to State Density Bonus Law.
C. The
applicant may elect to accept a lesser percentage of density bonus
than the housing development is entitled to, or no density bonus,
but no reduction will be permitted in the percentages of required
affordable units contained in California
Government Code Section 65915,
subdivisions (b), (c), and (f). Regardless of the number of affordable
units, no housing development shall be entitled to a density bonus
of more than what is authorized under State Density Bonus Law.
(Ord. CS-382 § 3, 2020)
A. State
Density Bonus Law provides that it shall not be construed to supersede
or in any way alter or lessen the effect or application of the California
Coastal Act of 1976 (California
Public Resources Code Section 30000
et seq.), and further provides that the granting of a density bonus
or an incentive shall not be interpreted, in and of itself, to require
a local coastal plan amendment.
B. Development
within the coastal zone that is granted a density bonus, incentive(s),
waiver(s), parking reduction(s), or commercial development bonus shall
be consistent with the coastal resource protection policies, and where
applicable, the public access requirements of the certified Carlsbad
Local Coastal Program.
(Ord. CS-382 § 3, 2020; Ord. CS-426 § 2, 2022)
All requests for density bonuses, incentives, parking reductions,
waivers, or commercial development bonuses shall be considered and
acted upon by the approval body with authority to approve the development
within the timelines prescribed by California
Government Code Section
65950 et seq., with right of appeal to the City Council.
A. Eligibility
for Density Bonus, Incentive(s), Parking Reduction, and/or Waiver(s)
for a Housing Development. To ensure that an application for a housing
development conforms with the provisions of State Density Bonus Law
and the Coastal Act, the staff report presented to the decision-making
body shall state whether the application conforms to the following
requirements of state law as applicable:
1. The
housing development provides the affordable units or senior housing
required by State Density Bonus Law to be eligible for the density
bonus and any incentives, parking reduction, or waivers requested,
including the replacement of units rented or formerly rented to very-low
and low income households as required by California
Government Code
Section 65915, subdivision (c)(3).
2. Any
requested incentive will result in identifiable and actual cost reductions
to provide for affordable housing costs or rents; except that, if
a mixed-use development is requested, the application must instead
meet all of the requirements of California
Government Code Section
65915, subdivision (k)(2).
3. The
development standards for which a waiver is requested would have the
effect of physically precluding the construction of a development
at the densities or with the concessions or incentives permitted by
California
Government Code Section 65915.
4. The
housing development is eligible for any requested parking reductions
under California
Government Code Section 65915, subdivision (p).
5. If
the density bonus is based all or in part on donation of land, all
of the requirements included in California
Government Code Section
65915, subdivision (g) have been met.
6. If
the density bonus or incentive is based all or in part on the inclusion
of a child care facility, all of the requirements included in California
Government Code Section 65915, subdivision (h) have been met.
7. If
the density bonus or incentive is based all or in part on the inclusion
of affordable units as part of a condominium conversion, all of the
requirements included in California
Government Code Section 65915.5
have been met.
8. If
the housing development is in the coastal zone, the development is
consistent with the coastal resource protection policies, and where
applicable, the public access requirements of the certified Carlsbad
Local Coastal Program.
B. If a commercial development bonus is requested for a commercial development, the decision-making body shall make a finding that the development complies with all of the requirements of Section
21.86.110(C), that the city has approved the partnered housing agreement, and that the commercial development bonus has been mutually agreed upon by the city and the commercial developer. If the project is in the coastal zone, the decision-making body shall also find that the commercial development is consistent with the coastal resource protection policies, and where applicable, the public access requirements of the certified Carlsbad Local Coastal Program.
C. The
decision-making body shall grant an incentive requested by the applicant
unless it makes a written finding, based upon substantial evidence,
of any of the following:
1. The
proposed incentive does not result in identifiable and actual cost
reductions to provide for affordable housing costs, as defined in
California
Health and Safety Code Section 50052.5, or for affordable
rents, as defined in California
Health and Safety Code Section 50053;
or
2. The
proposed incentive would be contrary to state or federal law; or
3. The
proposed incentive would have a specific, adverse impact upon public
health or safety or the physical environment or on any real property
that is listed in the California Register of Historic Resources, and
there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact without rendering the housing development
unaffordable to low and moderate income households. For the purpose
of this subsection, 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 that the application for the housing development
was deemed complete.
D. The
decision-making body shall grant the waiver of development standards
requested by the applicant unless it makes a written finding, based
upon substantial evidence, of any of the following:
1. The
proposed waiver would be contrary to state or federal law; or
2. The
proposed waiver would have an adverse impact on any real property
listed in the California Register of Historic Resources; or
3. The
proposed waiver would have a specific, adverse impact upon public
health or safety or the physical environment, and there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact
without rendering the housing development unaffordable to low and
moderate income households. For the purpose of this subsection, 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 that
the application for the housing development was deemed complete.
E. If any density bonus, incentive, parking reduction, waiver, or commercial development bonus is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement or senior housing agreement with the city pursuant to Section
21.86.090.
(Ord. CS-382 § 3, 2020; Ord. CS-426 § 3, 2022)
If any portion of this chapter conflicts with State Density
Bonus Law or other applicable state law, state law shall supersede
this chapter. Any ambiguities in this chapter shall be interpreted
to be consistent with State Density Bonus Law.
(Ord. CS-382 § 3, 2020)
All housing development projects are required to provide affordable housing units in accordance with Chapter
21.85, Inclusionary Housing, of this title. 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 be counted toward satisfying the density bonus requirements of this chapter.
(Ord. CS-382 § 3, 2020)
If any provision of this chapter or its application 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.
(Ord. CS-382 § 3, 2020)