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HomeMy WebLinkAbout2024-11-19; City Council; Resolution 2024-262RESOLUTION NO. 2024-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE IMPLEMENTATION PROGRAM FOR THE CARLSBAD TOMORROW GROWTH MANAGEMENT CITIZENS COMMITTEE'S RECOMMENDATIONS TO AMEND THE GROWTH MANAGEMENT PROGRAM WHEREAS, the Growth Management Program was established in 1986, consisting of the Growth Management Ordinance, Citywide Facilities and Improvements Plan, 25 Local Facilities Management Plans, and voter-approved Proposition E; and WHEREAS, the Growth Management Program sets forth growth control measures on housing development and performance standards for certain public facilities including city administration, library, wastewater treatment capacity, parks, drainage, circulation, fire, open space, schools, sewer collection, and water distribution, which ensured that all necessary public facilities were adequate and available concurrent with need to serve new development; and WHEREAS, in response to the state's housing crisis, the state Legislature has adopted a series of housing related bills in recent years to increase housing production. These changes limit the city's ability to fully implement the current Growth Management Program; and WHEREAS, on April 6, 2021, the City Council of the City of Carlsbad, California adopted Resolution No. 2021-074, which found that "Government Code Sections 65583(a)(3) and 65863(a) (SB 166 [2017]) and Government Code Section 66300(b)(l)(D) (SB 330 [2019]) preempt the city from implementing residential growth management plan caps, residential quadrant limits, and residential control points. Consequently, the city finds that it cannot and will not enforce these residential caps, quadrant limits, and control points, including but not limited to those contained in the General Plan (including, but not limited to the Land Use and Community Design Element Table 2-3, Section 2.6, Policy 2-P.8(a) and (b), Policy 2-P.16(d), and Policy 2-P.57), Growth Management Plan (Proposition E); City Council Policy Statement No. 43, Carlsbad Municipal Code Chapter 21.90 including but not limited to CMC §§ 21.90.030 (b), 21.90.045 and 21.90.185." WHEREAS, on May 4, 2021, the City Council of the City of Carlsbad, California adopted Resolution No. 2021-100 directing staff to initiate the process to form a citizens committee to identify the key elements of a new plan to manage growth and maintain an excellent quality of life in Carlsbad while complying with state housing laws; and to return to the City Council with recommendations on the formation of a committee; and WHEREAS, on Sept. 28, 2021, the City Council adopted resolution No 2021-223 approving the Growth Management Plan Update Advisory Committee Charter, and on March 8, 2022, the City Council made appointments to the Growth Management Plan Update Advisory Committee, later renamed Carlsbad Tomorrow: Growth Management Citizens Committee; and WHEREAS, the Carlsbad Tomorrow: Growth Management Citizens Committee met 15 times from March 2022 to April 2023, and on April 20, 2023, the committee accepted the Carlsbad Tomorrow: Growth Management Citizens Committee Report, April 2023, on file with the City Clerk, which includes the committee's recommendations to the City Council on changes to the Growth Management Program; and WHEREAS, on July 18, 2023, the City Council adopted Resolution No. 2023-205 directing staff to return to the City Council with an implementation program to update the Growth Management Program consistent with the committee's recommendations to keep, modify or remove existing public facility performance standards; and WHEREAS, on January 30, 2024, the City Council adopted Resolution No. 2024-0015 approving the Housing Element rezone program, which increased public facility needs by increasing the number of planned housing units throughout the city. WHEREAS, an implementation program for the committee's recommendations on changes to public facility performance standards is outlined in Attachment A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council directs the City manager or designee to initiate the implementation program {Attachment A) for the Carlsbad Tomorrow Growth Management Citizens Committee recommendations to revise the Growth Management Program by changing the public facility performance standards, as described in the Carlsbad Tomorrow: Growth Management Citizens Committee Report, April 2023. 3. That the City Council directs the City Manager or designee to enter into a consultant contract(s) to implement Tasks 3 and 4 of the implementation program (Attachment A), in accordance with the requirements of Chapter 3.28 of the Municipal Code, and return to council to authorize appropriation of funding for the consulting services. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor OflJ fk SHERRY FREISINGER, City Clerk (SEAL) Attachment A IMPLEMENTATION PROGRAM Objective: Implement the Carlsbad Tomorrow Growth Management Citizens Committee recommendations to update the Growth Management Program. Lead Department: Community Development Supporting Departments: City Attorney Finance Utilities Fire Parks & Recreation Traffic & Mobility Library & Cultural Arts Communication & Engagement Resource needs • 50% Senior Planner in Community Development Dept. • Supporting departments on as needed basis • Consultant services (cost to be determined) Carlsbad Tomorrow Growth Management Citizens Committee Recommendations The Carlsbad Tomorrow Growth Management Citizens Committee was charged with identifying key elements of a new plan to manage growth in Carlsbad in a way that maintains an excellent quality of life while also complying with state law. Over the course of 15 meetings, the committee received in-depth presentations from department heads, Fire and Police Chiefs, and other internal and external experts about each of the existing Growth Management Program’s 11 public facility performance standards. For each performance standard, the committee determined whether the standard should be kept as is, modified or removed from the Growth Management Program, as summarized below. Current growth management public facility Committee’s recommendation Libraries Keep as is Parks Keep as is Circulation (mobility) Keep as is Drainage Keep as is Sewer collection system Keep as is Water distribution system Modify Open space Modify Nov. 19, 2024 Item #12 Page 12 of 22 III T ~ • 0 0 0 0 0 © © Implementation Program Implement the Carlsbad Tomorrow Growth Management Citizens Committee recommendations to update the Growth Management Program Page 2 Current growth management public facility Committee’s recommendation Wastewater treatment capacity Remove City administrative facilities Remove Fire Remove Schools Remove TASKS TO IMPLEMENT COMMITTEE RECOMMENDATIONS Task 1. Obtain Consulting Services – Request for Proposals and Contract Approval • Develop scope of work/send request for proposals to complete Tasks 4 and 5, below. • Consultant selection • City Council contract approval • ESTIMATED COMPLETION: Six to nine months after approval of this implementation program • ESTIMATED COST: See Tasks 3 and 4. 2. Update Citywide Facilities and Improvements Program (CFIP), General Plan, Carlsbad Municipal Code, and City Council Policy 43 • Update the public facility performance standards as recommended by committee. • Update all sections of CFIP to reflect current status. • Update CFIP to require a review/update of the public facility performance standards/Growth Management Program to occur concurrently with each Housing Element Update (see Task 5). • Update General Plan and Zoning Ordinance to ensure consistency with updated public facility performance standards. • Update Carlsbad Municipal Code to reflect current status of Growth Management Program. • Update Carlsbad Municipal Code to require a review/update of the public facility performance standards/Growth Management Program to occur concurrently with each Housing Element update. • Update City Council Policy 43 to align with revised Growth Management Program. • ESTIMATED COMPLETION: 12 to 18 months after approval of this implementation program. • ESTIMATED COST: Staff time. No additional cost. Nov. 19, 2024 Item #12 Page 13 of 22 lffll In a afta 0 0 0 0 Implementation Program Implement the Carlsbad Tomorrow Growth Management Citizens Committee recommendations to update the Growth Management Program Page 3 3. Evaluate public facility development impact fees and update as necessary • Prepare a development impact fee nexus study, evaluate the city’s existing development impact fees, and recommend changes to fees, as necessary, to ensure public facilities are adequate to serve future development, are consistent with all applicable regulations, as well as the committee’s recommended changes to public facility performance standards. Fees to be evaluated include the Public Facility Fee, Traffic Impact Fee, Drainage Area Fee, Sewer Fee, Local Facility Management Fee, and Park Land In-Lieu Fee. Although the city updated the Park Land In-Lieu Fee in April 2024 and is working on an update to the Traffic Impact Fee, these fees will be included in a comprehensive evaluation of all fees; however, this evaluation is not intended to conflict with those other fee update efforts. • City Council Policy 17 shall be updated, as needed, to be consistent with any fee update. • The tax required by Carlsbad Municipal Code Section 5.09 shall be evaluated and updated, if necessary. • ESTIMATED COMPLETION: 24 months after consultant contract approval. • ESTIMATED COST: $100,000 - $120,000 4. Update Local Facility Management Plans (LFMPs) • Update the LFMPs for the 2024 Housing Element rezone sites, which are within LFMZs 1, 3, 5, 15, 17, 18, 22 and 23. • ESTIMATED COMPLETION: Two to four years after consultant contract approval. • ESTIMATED COST: $320,000 to $400,000 5. 2029 Housing Element Update (7th Cycle) • Review and provide recommendations on any necessary changes to the Growth Management Program based on: o A new Regional Housing Needs Allocation assigned to the city, o Any changes needed to the General Plan, o Changed conditions in the city’s growth, o and required updates to facility plans or nexus studies to continue to update fees. • The city will be required to adopt the 7th cycle update to the Housing Element within 18 months of the San Diego Association of Governments adoption of its update to the Regional Transportation Plan in 2029. The 2029 Housing Element update will need to begin 2-3 years before April 2029 to be completed on time. • ESTIMATED COMPLETION AND COST: Dependent upon scope of work, which will be determined at the time of a request for consultant proposals for the Housing Element update (2-3 years prior to April 2029). Nov. 19, 2024 Item #12 Page 14 of 22