HomeMy WebLinkAbout2000-02-15; City Council; 15617; Inclusionary Housing Ordinance& - I MTG. c+bcoo a
1 (DEPT. H/RED
CITY OF CARLSBAD -AGENDA BILL
TITLE: DEPT. HD.
REPEAL AND RE-ENACTMENT OF CARLSBAD
MUNICIPAL CODE CHAPTER 21.85 - INCLUSIONARY C’TY *I-I-Y 4EL
HOUSING ORDINANCE CITY MGR.
RECOMMENDED ACTION:
1. ADOPT City Council Resolution Na 2oo”-52 , APPROVING Local Coastal Program
Amendment 99-06 (LCPA 99-06) and Zone Code Amendment 99-08 (ZCA 99-08), and the
related Negative Declaration based upon the findings contained therein, repealing and re-
enacting Chapter 21.85 (Inclusionary Housing Ordinance) of the Carlsbad Municipal Code; and
2. Approve LCPA 99-06 and ZCA 99-08 by INTRODUCING Ordinance No. Ns - 5 3 5
REPEALING AND RE-ENACTING Chapter 21.85 of the Carlsbad Municipal Code. ,
The City of Carlsbad’s lnclusionary Housing Ordinance was adopted in 1993, requiring 15% of all new
residential development to be affordable to lower income households. While the Ordinance has been
very successful to date in producing affordable housing units within the City of Carlsbad, revisions are
being recommended to clarify and enhance its implementation.
Over the past six years, some implementing difficulties have been attributed to specific language within
the Ordinance which will be corrected as a result of the proposed revisions. In addition, there are other
reasons for considering revisions to the Ordinance. First, a Housing Element Self-Certification Pilot
Program was recently established for San Diego County. The City Council previously authorized staff
to proceed with efforts to qualify for self-certification during the next Housing Element cycle (1999-
2004). Revisions to the lnclusionary Housing Ordinance are necessary to assist in the City’s effort to
qualify for self-certification. Second, some policies for providing affordable housing, such as those
related to Second Dwelling Units, have been the subject of much debate and require resolution.
Second Dwelling Units and other similar issues can be resolved through revisions to the lnclusionary
Housing Ordinance.
REVISIONS TO ORDINANCE
The proposed changes to the lnclusionary Housing Ordinance are divided into five general categories
and are summarized as follows:
1. Clean-up Items - There are several changes which are primarily administrative in nature or have
been proposed to delete repetitive sections of the original Ordinance. The purpose of these
changes is to make the Ordinance easier to read and understand.
2. New Definitions - In pursuing Self Certification of the Housing Element, the City of Carlsbad will
need to meet numerical objectives for providing housing opportunities for Extremely Low Income
Households, as well as other lower income categories. Because the current lnclusionary Housing
Ordinance does not contain a definition for extreme/y low income, a definition has been added
which defines Extremely Low Income as a “household whose annual income is 30% of the Area
Median Income (AMI) or below. In addition, the definition of low income rent has been revised
within the Ordinance. The current definition for Low Income Rent is 1/12th of 30% of 80% of AMI.
Because it has been staffs experience that the affordable rent level (at 80%) is often equal to, and
sometimes higher than, market rents within the community, the definition of low income rent has
been revised to be defined as 1112th of 30% of 70% of AMI. The Housing and Planning
Page 2 of Agenda Bill No /s/6/ 7
Commissions recommend approval of this revised definition of low income rent to ensure that the
lnclusionary Housing Ordinance is actually providing a unit which is more affordable to low income
households.
3. Alternatives to Construction - Under the current housing element system, the City only receives
credit towards meeting its regional share housing requirements for new construction of affordable
units. Under Self-Certification, a variety of housing types will now receive credit towards meeting
the fair share goals. Alternative examples include acquisition and rehabilitation of existing units,
conversion of existing market rate units to affordable units, construction of special needs housing or
programs (shelters, transitional housing, etc.), or contributions to a special needs housing project or
program. The recommended Ordinance revisions will allow, at the discretion of the City Council,
such alternatives to satisfy the lnclusionary Housing requirements where the proposed alternative
supports specific Housing Element policies and goals, and assists the City in meeting its housing
requirements. Alternatives would only be acceptable if new construction of units is determined to
be infeasible or presents an unreasonable hardship.
4. Requirement to Construct Affordable Units - All projects which propose seven or more housing
units are currently required to provide 15 percent of the total units constructed (rental or for-sale) at
levels which are affordable to low income households. For residential projects with small
inclusionary requirements (10 units or less), the affordable units have been typically provided
through the construction of second dwelling units (under the existing ordinance requirements), or
through the purchase of housing credits from the Villa Loma Affordable Apartment project (as
permitted). Currently, only those projects located in the southeast or southwest quadrant are
allowed to purchase housing credits from the Villa Loma Project. In order to provide some flexibility
for developers of smaller projects, the draft Ordinance proposes to increase the threshold at which
a developer is required to construct and restrict units for low income affordable housing purposes.
The Ordinance has been revised to increase the threshold to fifty (50) units or fewer. Projects of
50 total units or fewer will be permitted the option of paying the In-Lieu Affordable Housing Fee
(currently $4,515) for each market rate dwelling, or constructing the unit. Under the revised
Ordinance, a builder of a 50 unit housing development would be allowed to pay the in-lieu fee for
50 units (a total of $225,750 under the current fee structure), or construct 7 affordable housing
units.
5. Second Dwellinq Units - As stated above, for small residential developments, Second Dwelling Units
have been used to meet a project’s entire inclusionary housing requirement. This has been
especially evident in the northern quadrants of the City, where there are no Combined Affordable
Housing Projects (i.e. Villa Loma) to which a fee can be paid to meet the inclusionary housing
requirement. It has been the Housing Commission’s Policy that for larger projects, not more than
20% of the total inclusionary requirement can be met through the provision of Second Dwelling
Units.
Second Dwelling Units have caused much discussion and/or debate among both the Planning and
Housing Commission members over the past few years. The current Ordinance states if a Second
Dwelling Unit is rented, it shall be rented at a rate which is affordable to lower income households
(1/12th of 30% of 80% of AMI). The primary issue of discussion has been whether or not second
dwelling units actually meet an affordable housing need because they are not required to be rented
and there are currently no income qualifications for the tenants Staff recommended that both the
Housing and Planning Commissions provide a recommendation to the Council on the use of
second dwelling units to satisfy the requirements of the lnclusionary Housing Ordinance.
It was the Housing Commission’s recommendation that second dwelling units be continued as an
alternative for satisfaction of the lnclusionary Housing requirement because there will remain some
smaller developments which will have no other realistic option for meeting the requirement.
Page 3 of Agenda Bill No /5:6/T
However, the Housing Commission did also recommend that an additional restriction be placed on
rental of the units which requires that the tenants meet the income qualifications as well. Under
this scenario, second units could be counted towards meeting the City’s requirements under the
Self-Certification Program.
The Planning Commission recommended that Second Dwelling Units w be permitted to be used
for inclusionary purposes under any circumstance. Because property owners can’t be required to
rent second dwelling units and the City has limited ability to enforce the rental and income
requirements, the Planning Commission felt that Second Dwelling Units do not meet the purpose
and intent of the lnclusionary Housing Ordinance, and therefore the Commission could not support
them as a permitted alternative. The Planning Commission’s recommendation to eliminate second
dwelling units as an option for satisfying the affordable housing requirements has been
incorporated in the revised lnclusionary Housing Ordinance for Council approval.
Additional information on key changes to the lnclusionary Housing Ordinance is provided within the
attached Housing and Planning Commission staff reports.
HOUSING AND PLANNING COMMISSION RECOMMENDATIONS
The revised lnclusionary Housing Ordinance was presented to the Housing Commission on August 12,
1999 for review and action. The Ordinance was subsequently submitted to the Planning Commission
on January 19, 2000. With the exception of the discussion and action on Second Dwelling Units as
stated above and some other minor language changes, both Commissions were nearly unanimous in
their support of the revised lnclusionary Housing Ordinance (Housing Commission 3-0, Planning
Commission 6-1, Seagal - No), as initially recommended by staff.
ENVIRONMENTAL REVIEW
The Planning Department conducted an environmental review of the above described project pursuant
to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration was
issued for the subject project by the Planning Department on October 22, 1999 and made available for
public review. No comments were received on the environmental document. Planning Commission
Resolution No. 4708 recommends approval of the Negative Declaration for the project by the City
Council.
FISCAL IMPACT
The City will not incur any additional costs by the adoption of this revised lnclusionary Housing
Ordinance. However, staff does anticipate that the policies related to housing element self certification
will ultimately result in a need for the City to provide greater financial subsidies to facilitate the
construction of housing units which are affordable to Very Low and Extremely Low Income households.
The subsidies required to ensure that a housing unit is affordable to extremely low income households
is substantial. To meet the identified need to provide 170 units of affordable housing for extremely low
income households, it is estimated that the City will be required to provide approximately $15,000 to
$20,000 (or more) per unit to ensure the feasibility of an affordable housing unit for an extremely low
income household. This would amount to a total subsidy requirement of approximately $2.5 to $3.4
million from the City of Carlsbad. Additional City funds will most likely be required as well to meet the
subsidy requirements for affordable housing for very low income households. To date, the City has
expended, and/or committed to expend, nearly $14.2 million in direct financial assistance from the
Housing Trust and other funds to subsidize affordable housing for low, very low and extremely low
income households. These financial assistance needs will continue under the revised lnclusionary
Housing Ordinance, and may be much more substantial due to the self-certification requirements to
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Page 4 of Agenda Bill No
produce affordable housing for very low and extremely low income households, as already noted.
EXHIBITS
1. City Council Resolution NoVOO- 3 a approving a Local Coastal Program Amendment Zone Code Amendment for revisions to Chapter 21.85 of the Carlsbad Municipal Code. and
2. Ordinance No. /% -535, repealing and re-enacting Chapter 21.85 of the Carlsbad Municipal
Code.
3.
4.
Planning Commission Resolution No. 4708, recommending approval of the Negative Declaration
Planning Commission Resolution Nos. 4709 and 4710, recommending approval of ZCA 99-08 and LCPA 99-06.
5. Legislative Draft of Amended Ordinance, Chapter 21.85.
6. Planning Commission Staff Report dated, January 19, 2000.
7. Housing Commission Staff Report dated, August 12, 1999, and Resolution.
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CITYCOUNC'ILRElSOLUTIONNO. 2000-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT
TO THE CARLSBAD LOCAL COASTAL PROGRAM, ZONE
CODE AMENDMENT AND A NEGATIVE DECLARATION
FOR THE REPEAL AND REENACTMENT OF ZONING
ORDINANCE CHAPTER 21.85 REGARDING AFFORDABLE
HOUSING UNITS FOR LOWER-INCOME HOUSEHOLDS
AND IN-LIEU FEES
CASE NAME: INCLUSIONARY HOUSING ORDINANCE
AIVENDMENT
CASE NO.: ZCA 99-OWLCPA 99-06
WHEREAS, the City is repealing and reenacting Chapter 21.85 of Title 21
(Zoning Ordinance) of the Carlsbad Municipal Code regarding affordable housing units for
lower-income households; and
WHEREAS, the Zoning Ordinance is the implementing ordinance for the City’s
Local Coastal Program; and
WHEREAS, California State law requires that the Local Coastal Program and
Zoning Ordinance be in conformance and therefore amendments to the implementing ordinance
also require an amendment to the Local Coastal Program to ensure consistency between the two
documents; and
WHEREAS, a verified application for an amendment to the Local Coastal
Program has been filed with the Planning Department; and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit(s) X dated January 19,2000, as attached to Planning
Commission Resolution No. 4709 and incorporated herein by reference as provided in Public
Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title
14 of the California Code of Regulations of the California Coastal Commission Administrative
Regulations; and
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WHEREAS, the Housing Commission did on the 12& day of August, 1999, hold a
public meeting to consider a recommendation to the Planning Commission and City Council to
amend Title 2 1 of the Carlsbad Municipal Code by the repeal.and reenactment of Chapter 2 1.85
regarding affordable housing units for lower-income households and in-lieu fees; and
WHEREAS, at said public meeting, upon hearing and considering all testimony,
if any, of all .persons desiring to be heard, said Commission considered all factors relating to
the repeal and reenactment of Chapter 21.85, and voted to recommend approval of said
modifications; and
WHEREAS, the Planning Commission did on the lgm day of January 2000, 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 Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six week public review period for
any amendment to the Local Coastal Program.
WHEREAS, a Negative Declaration was prepared in conjunction with said
amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
City of Carlsbad, as follows:
1. That the foregoing recitations are true and correct.
2. That Zoning Code Amendment 99-08 and Local Coastal Plan Amendment 99-06 are
APPROVED and that the findings and conditions of the Planning Commission
contained in Resolutions No. 4708,4709 and 4710, on file in the City Clerk’s Office
and incorporated herein by reference, are the findings and conditions of the City
Council.
CC RJSSO NO. 2ooo-52 -2-
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3. That the City Council of the. City of Carlsbad has reviewed, and analyzed and
considered the Negative Declaration (ZCA 99-08 LCPA 99-06), the environmental
impacts therein identified for this project and any comments thereon. The City
Council finds there is no substantial evidence that the project will have a significant
effect on the environment and hereby approves the Negative Declaration. The City
Council finds that the Negative Declaration reflects the independent judgment of the
City Council of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad, held on the 15th day of February ,2000, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Kulchin
NOES: Council Member Hall
ABSENT: None
ABSTAIN: None
AT-LEST:
bh/mx%c
OD, CITY CLERK
1 (=‘W
CCRESONO. 2000-52 -3-
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EXHIBIT 2
ORDINANCE NO. NS- 535
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE AND THE LOCAL
COASTAL PROGRAM BY THE REPEAL AND
REENACTMENT OF CHAPTER 21.85 REGARDING
AFFORDABLE HOUSING UNITS FOR LOWER-INCOME
HOUSEHOLDS AND IN-LIEU FEES.
CASE NAME: INCLUSIONARY HOUSING ORDINANCE
AMENDMENT
CASE NO: ZCA 99-081LCPA 99-06
WHEREAS, Government Code Section 65584(a) requires localities to address
the Regional Share housing needs for persons of all income levels in their General Plan
Housing Elements; and
WHEREAS, based upon its Housing Element, the City of Carlsbad finds that
Carlsbad is experiencing a lack of housing affordable to lower-income households; and
WHEREAS, new residential development which does not include nor contribute
toward housing for lower income households will only serve to aggravate the current
affordable housing shortage and create additional need for affordable lower income
housing by reducing the supply of residential land available for affordable housing
development and increasing the population and the demand for community services
businesses staffed by lower wage employees; and
WHEREAS, in 1993, the mandatory lnclusionary Housing Program was
implemented within the City’s Housing Element as a viable program available to the City
to assist it in achieving its Housing Element objectives for lower-income units; and
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WHEREAS, the City’s Housing Element and this chapter identify programs to
2 provide technical, financial, and standards flexibility, offsets and incentives, to
3 facilitate inclusionary housing development;
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5 WHEREAS, on August 12, 1999, the Housing Commission held a public
6 meeting to consider a recommendation to the Planning Commission and City Council
7 to amend Title 21 of the Carlsbad Municipal Code by the repeal and reenactment of
8 Chapter 21.85 regarding affordable housing units for lower-income households and
9 in-lieu fees; and
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11 WHEREAS, at said public meeting, upon hearing and considering all testimony,
12 if any, of all persons desiring to be heard, said Commission considered all factors
13 relating to the repeal and reenactment of Chapter 21.85, and voted to recommend
14 approval of said modifications; and
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WHEREAS, on January 19, 2000, the Planning Commission held a public
meeting to consider a recommendation to the City Council to amend Title 21 of the
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18 Carlsbad Municipal Code by the repeal and reenactment of Chapter 21.85 regarding
19 affordable housing units for lower-income households and in-lieu fees; and
20 WHEREAS, at said public meeting, upon hearing and considering all testimony,
21 if any, of all persons desiring to be heard, said Commission considered all factors
22 relating to the repeal and reenactment of Chapter 21.85.
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24 The City Council of the City of Carlsbad, California does ordain as follows:
25 SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by the
26 repeal and reenactment of Chapter 21.85 to read as follows:
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. . .
“Chapter 21.85
INCLUSIONARY HOUSING
Sections:
21.85.010
21.85.020
21.85.030
21.85.035
21.85.040
21.85.050
21.85.060
21.85.070
21.85.080
21.85.090
21.85.100
21.85.110
21.85.120
21.85.130
21.85.140
21.85.145 Agreement Processing Fee.
21.85.150 Agreement/Amendments.
21.85.160 Pre-existing Approvals.
21.85.170 Enforcement.
21.85.180 Savings Clause.
21.85.190 Separability of Provisions.
Purpose and Intent.
Definitions.
lnclusionary Housing Requirement.
New Master Plans and Specific Plans
Affordable Housing Standards.
Calculating the Required Number of lnclusionary Units.
Incentive Credit Adjustment to the lnclusionary Requirement.
Alternatives to Construction of lnclusionary Units.
Combined lnclusionary Housing Projects.
Creation of lnclusionary Units Not Required .
Offsets to the Cost of Affordable Housing Development.
In-lieu Fees.
Collection of Fees.
Preliminary Project Application and Review Process.
Affordable Housing Agreement ,as a Condition c
Development.
21.85010. 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 Elemen
of the City’s General Plan, to ensure that all residential development, including all Maste
Planned and Specific Planned communities and all residential subdivisions provide i
range of housing opportunities for all identifiable economic segments of the population
including households of lower and moderate income. It is also the policy of the City to:
1. Require that a minimum of fifteen (15%) percent of a’
approved residential development be restricted to and affordable to lower-incomt
households; subject to adjustment based on the granting of certain incentives;
2. Require that for those developments which provide ten o
more units affordable to lower-income households, at least ten (10%) percent of tht
lower-income units shall have three or more bedrooms;
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3. Under certain conditions, allow alternatives to ons
construction as a means of providing affordable units; and
4. In specific cases, allow inclusionary requirements to
satisfied through the payment of an in-lieu fee as an alternative to requiring inclusion
units to be constructed.
B. It is the purpose of this chapter to ensure the implementation of th
City objective and policy stated in subsection A.
C. Nothing in this chapter is intended to create a mandatory duty on the part of th
City or its employees under the Government Tort Claims Act. and no cause of actio
against the City or its employees is created by this chapter that would not aris
independently of the provisions of this chapter.
21.85020. Definitions.
Whenever the following terms are used in this Chapter, they shall have th
meaning established by this section:
A. “Affordable housing” means housing for which the allowable housin
expenses paid by a qualifying household shall not exceed a specified fraction of th
gross monthly income, adjusted for household size, for the following classes of housing.
1. Extremely low-income, rental or for-sale units: thirty (30%
percent of the gross monthly income, adjusted for household size, at thirty (30%) percen
of the County median income;
2. Very low-income, rental and for-sale units: thirty (30%
percent of the gross monthly income, adjusted for household size, at fifty (50%) percent o
the County median income;
3. Low-income, for-sale units: thirty (30%) percent of the gro
monthly income, adjusted for household size, at eighty (80%) percent of the Cou
median income; and
4. Low-income, rental units: thirty (30%) percent of the gro
monthly income, adjusted for household size, at seventy (70%) percent of the Cou
median income.
B. “Affordable housing agreement” means a legally binding agreemen
between a Developer and the City to ensure that the inclusionary requirements of t
chapter are satisfied. The agreement establishes, among other things, the number
required inclusionary units, the unit sizes, location, affordability tenure, terms a
conditions of affordability and unit production schedule.
C. “Allowable housing expense” means the total monthly or annua
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 ini
purchase by the homebuyer, allowances for property and mortgage insurance, prope
taxes, homeowners association dues and a reasonable allowance for utilities as defin
by the Federal Regulations for the Tenant Based Rental Assistance Program. Fo
rental unit, allowable housing expenses include rent and a utility allowance as establish
and adopted by the City of Carlsbad Housing Authority, as well as all monthly payme
made by the tenant to the lessor in connection with use and occupancy of a housing u
and land and facilities associated therewith, including any separately charged fees, util
charges, or service charges assessed by the lessor and payable by the tenant.
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D. “Base residential units” means the total units approved by the fin
decision making authority. Total residential units are composed of both market rate uni
and inclusionary units.
E. “Affordable housing policy team” shall consist of the Communi
Development Director, Planning Director, Housing and Redevelopment Director
Administrative Services Director/Finance Director, and a representative of the Ci
Attorney’s office.
F. “Combined inclusionary housing project” means separate residenti
development sites which are linked by a contractual relationship such that some or all o
the inclusionary units which are associated with one development site are produced a
operated at a separate development site or sites.
G. “Conversion” means the change of status of a dwelling unit fro
purchased unit to a rental unit or vice versa.
H. “Density bonus (new residential construction)” means a mini
density increase of at least twenty-five (25%) percent over either the Gro
Management Control Point of the applicable General Plan designation, as defined
Section 21.90.045 of this Title, or the otherwise maximum allowable residential density
specified by the applicable Master Plan or Specific Plan, at the time of application.
I. “Extremely low-income household” means those households who
gross income is equal to or less than thirty-five (35%) percent of the median income
San Diego County as determined by the U.S. Department of Housing and Urb
Development.
J. “Financial assistance” means assistance to include, but not
limited to, the subsidization of fees, infrastructure, land costs, or construction costs, t
use of redevelopment set-aside funds, Community Development Block Grant (CDB
funds, or the provision of other direct financial aid in the form of cash transfer payments o
other monetary compensation, by the City of Carlsbad.
K. “Growth Management Control Point” shall have the same meanin
as provided in Chapter 21.90, Section 21.90.045 of this Title.
L. “Incentives” means a reduction in the inclusionary housin
requirement granted in return for the provision of certain desired types of affordabl
housing or related amenities as determined by the City Council.
M. “lnclusionary housing project” means a new residential developmen
or conversion of existing residential buildings which has at least fifteen (15%) percent o
the total units reserved and made affordable to lower-income households as required b
this Chapter.
N. “lnclusionary unit” means a dwelling unit that will be offered for ren
or sale exclusively to and which shall be affordable to lower-income households,
required by this chapter.
0. “Income” means any monetary benefits that qualify as income
accordance with the criteria and procedures used by the City of Carlsbad Housing a
Redevelopment Department for the acceptance of applications and recertifications fort
Tenant Based Rental Assistance Program, or its successor.
P. “Low-income household” means those households whose g
income is more than fifty (50%) percent but. does not exceed eighty (80%) percent of t
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median income for San Diego County as determined annually by the US. Department of
Housing and Urban Development.
Q. “Lower-income household” means low-income, very low-income and
extremely low-income households, whose gross income does not exceed eighty (80%;
percent of the median income for San Diego County as determined annually by the U.S.
Department of Housing and Urban Development.
R. “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.
S. “Offsets” means concessions or assistance to include, but not be
limited to, direct financial assistance, density increases, standards modifications or. any
other financial, land use, or regulatory concession which would result in an identifiable
cost reduction enabling the provision of affordable housing.
T. “Residential Development” means any new residential constructior
of rental or for-sale units; or development revisions, including those with and without a
Master Plan or Specific Plan, planned unit developments, Site Development Plans,
mobilehome developments and conversions of apartments to condominiums, as well as
dwelling units for which the cost of shelter is included in a recurring payment for
expenses, whether or not an initial lump sum fee is also required.
U. ‘Target income level” means the income standards for extremely
low, very low and low-income levels within San Diego County as determined annually by
the U.S. Department of Housing and Urban Development, and adjusted for family size.
V. “Very low-income household” means a household earning a gross
income equal to fifty (50%) percent or less of the median income for San Diego County as
determined annually by the U.S. Department of Housing and Urban Development.
21.85.030. lnclusionarv Housina Reauirement.
The inclusionary housing requirements of this chapter shall apply as follows:
A. This chapter shall apply to all residential market-rate dwelling units
resulting from new construction of rental and ‘for-sale” projects, as well as the conversior
of apartments to condominiums:
B. For any residential development or development revision of more
than fifty (50) units, not less than fifteen (15%) 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 (loo/,) 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 mobilehome park pursuant to Sectior
21.37.120 of the Code;
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3. The construction of a new residential structure which re
a residential structure that was destroyed or demolished within two years prior
application for a building permit -for the new residential structure, provided that the n
of residential units is not increased from the number of residential units of the previo
destroyed or demolished residential structure;
4. Any residential unit which is accessory as defined in Sectio
21.04.020 of this Code; or
5. Second Dwelling Units not constructed to fulfil1 inclusiona
housing requirements and developed in accordance with Section 21 .I 0.015 of this Cod
6. Any project or portion of a project which is a commercial livi
unit as defined in Section 21.04.093 of this code; and
7. Those residential units which have obtained afforda
housing approvals prior to the effective date of this ordinance, as set forth in Sect1
21.85.160 of this chapter.
21.85035 New Master Plans or SDecific Plans
New Master Plans and Specific Plans shall submit an inclusionary housing plan a
follows:
A. All Master Plans and Specific Plans approved on or after t
effective date of this Ordinance are required by this Chapter to provide an inclusion
housing plan within the Master Plan or Specific Plan document. This inclusionary housr
plan will include appropriate text, maps, tables, or figures to establish the basic framew
for implementing the requirements of this chapter. It shall establish, as a minimum,
not be limited to, the following:
1. The number of market rate units in the Master Plan or Specifi
Plan;
2. The number of required inclusionary units for lower-incom
households over the entire Master Plan or Specific Plan;
3. The designated sites for the location of the inclusionary units
including but not limited to any sites for locating offsite inclusionary housing projects o
combined inclusionary housing projects;
4. A general provision stipulating that an Affordable Housi
Agreement shall be made a condition of all future discretionary permits for developm
within the Master or Specific Plan area such as tentative maps, parcel maps, planned uni
developments and Site Development Plans. The provision shall establish that all relevan
terms and conditions of any Affordable housing Agreement shall be filed and recorded
a restriction on the project as a whole and those individual lots, units or projects which
designated as inclusionary units. The Affordable Housing Agreement shall be consis
with Section 21.85.140 of this chapter.
6. The location and phasing of inclusionary dwelling units may b
modified as a minor amendment to the Master Plan pursuant to Section 21.38.120 of thi
Title if the City Council authorizes such modifications when approving the Master Plan.
C. All existing Master Plans or Specific Plans proposed for m
amendment, pursuant to Section 21.38.120 of this Code, shall incorporate into
amended Master Plan or Specific Plan document an inclusionary housing plan, consisten
with this Section of this chapter.
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21.85040. Affordable Housina Standards.
The affordable housing standards are as follows:
A. All residential developments are subject to and must satisfy the
inclusionary housing requirements of this chapter, notwithstanding a Developer’s reques
to process a residential development under other program requirements, laws o
regulations, including but not limited to Chapter 21.86 (Residential Density Bonus) of thi!
Code.
B. Whenever reasonably possible, inclusionary units should be built ot
the residential development project site.
C. The required inclusionary units shall be constructed concurrently witl
market-rate units unless both the final decision-making authority of the City ant
Developer agree within the Affordable Housing Agreement to an alternative schedule fo
development.
D. lnclusionary rental units shall remain restricted and affordable to tht
designated income group for 55 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 fo
sale units. Notwithstanding anything to the contrary in this Chapter, no inclusionary uni
shall be rented for an amount which exceeds ninety (90%) percent of the actual ren
charged for a comparable market unit in the same development, if any.
E. After the initial sale of the inclusionary for-sale units at a prict
affordable to the target income level group, inclusionary for-sale units shall remail
affordable to subsequent income eligible buyers pursuant to a resale restriction with i
term of thirty (30) years or for-sale units may be sold at a market price to other that
targeted households provided that the sale shall result in the recapture by the City or it
designee of a financial interest in the units equal to the amount of subsidy necessary tc
make the unit affordable to the designated income group and a proportionate share a
any appreciation. Funds recaptured by the City shall be used in assisting other eligibk
households with home purchases at affordable prices. To the extent possible, project
using for-sale units to satisfy inclusionary requirements shall be designed to bc
compatible with conventional mortgage financing programs including secondary marke
requirements.
F. lnclusionary units should be located on sites that are in proximity tc
or will provide access to employment opportunities, urban services, or major roads o
other transportation and commuter rail facilities and that are compatible with adjacen
land uses.
G. The design of the inclusionary units shall be reasonably consistent o
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 ir
the affordable dwelling units in response to affordable housing demand priorities of tht
City.
I. No building permit shall be issued, nor any development approva
granted for a development which does not meet the requirements of this chapter. Nc
inclusionary unit shall be rented or sold except in accordance with this chapter.
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21.85.050. Calculatina the Rewired Number of Inclusionarv Units.
Subject to adjustments for incentives, the required number of lower-into
inclusionary units shall be fifteen (15%) percent of the Total residential units, approved
the final decision-making authority. Fractional unit requirements of 5 or greater will
rounded up to a whole unit, or a fractional proportion of the in-lieu fee may be paid.
Example:
Total residential units = 15% lnclusionary units plus 85% Market rate units. If t
final decision making authority approves 100 residential units, then the lnclusio
requirement equals 15% of the “Total” or 15 units. The allowable market rate units w
be 85% of the “Total” or 85 units.
21.85060. Incentive Credit Adiustment to the lnclusionarv Requirement.
Certain types of affordable housing are relatively more desirable in satisfying t
City’s state-mandated affordable housing requirement as well as the City’s Housi
Element goals, objectives and policies, and these may change over time.
As an incentive to assist the City in providing this housing, Developers may rece
additional (more than one unit) credit for each of such units provided, thereby reduce
the total inclusionary housing requirement to less than fifteen (15%) percent of
residential units approved. A Schedule of lnclusionary Housing Incentive C
specifying how credit may be earned shall be adopted by the City Council and ma
available to Developers subject to this chapter.
21.85070. Alternatives to Construction of lnclusionarv Units.
Notwithstanding any contrary provisions of this chapter, at the sole discretion
the City Council, the City may determine that an alternative to the construction of n
inclusionary units is acceptable.
A. The City Council may approve alternatives to the construction of
inclusionary units where the proposed alternative supports specific Housing Ele
policies and goals and assists the City in meeting its state housing requirements.
determination shall be based on findings that new construction would be infeasible
present unreasonable hardship in light of such factors as project size, site constrain
market competition, price and product type disparity, Developer capability, and finan
subsidies available. Alternatives may include, but not be limited to, acquisition a
rehabilitation of affordable units, conversion of existing market units to affordable uni
and construction of special needs housing projects or programs (shelters, transitiona
housing, etc.), but not construction of second dwelling units.
B. Contribution to a special needs housing project or program may al
be an acceptable alternative based upon such findings. The requisite contribution s
be calculated in the same manner as an in-lieu fee per Section 21.85.110.
21.85.080. Combined Inclusionan, Housina Proiects.
An affordable housing requirement may be satisfied with offsite construction
follows:
A. When it can be demonstrated by a Developer that the goals of
chapter and the City’s Housing Element would be better served by allowing some or a
the inclusionary units associated with one residential project site to be produced a
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operated at an alternative site or sites, the resulting linked inclusionary project site(s) i
combined inclusionary housing project.
B. It is at the sole discretion of the City Council to authorize t
residential site(s) which form a combined inclusionary housing project. Such decisi
shall be based on findings that the Combined Project represents a more effective a
feasible means of implementing this chapter and the goals of the City’s Housing Eleme
Factors to be weighed in this determination include: the feasibility of the onsite opti
considering project size, site constraints, competition from other projects, difficulty
integrating due to significant price and product type disparity, and lack of capacity of t
onsite development entity to deliver affordable housing. Also to be considered
whether the offsite option .offers greater feasibility and cost effectiveness, particul
regarding potential local public assistance and the City’s affordable housing
assistance policy, location advantages such as proximity to jobs, schools, trans
and services, diminished impact on other existing developments, capacity
development entity to deliver the project, and satisfaction of multiple De
obligations that would be difficult to satisfy with multiple projects.
C. All agreements between parties to form a combined inclusion
housing project shall be made a part of the Affordable Housing Agreement required
the site(s), which Affordable Housing Agreement(s) shall be approved by Council.
D. Location of the combined inclusionary housing project is limited
sites within the same City quadrant in which the market-rate units are located, or sit
which are contiguous to the quadrant in which the market-rate units are proposed.
21.85.090. Creation of lnclusionarv Units Not Required.
lnclusionary units created which exceed the final requirement for a project m
subject to City Council approval in the Affordable Housing Agreement, be utilized by t
Developer to satisfy other inclusionary requirements for which it is obligated or market t
units to other Developers as a Combined Project subject to the requirements of Secti
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19 21.85.100. Offsets to the Cost of Affordable Housina DeveloDment.
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The City shall consider making offsets available to Developers when necessary to
enable residential projects to provide a preferable product type or affordability in excess
of the requirements of this chapter. Offsets will be offered by the City to the extent that
resources and programs for this purpose are available to the City and approved for such
use by the City Council, and to the extent that the residential development, with the use of
offsets, assists in achieving the City’s housing goals. To the degree that the City makes
available programs to provide offsets, Developers may make application for such
programs. Evaluation of requests for offsets shall be based on the effectiveness of the
offsets in achieving a preferable product type and/or affordability objectives as set forth
within the Housing Element; the capability of the development team; the reasonableness
of development costs and justification of subsidy needs; and the extent to which other
resources are used to leverage the requested offsets. Nothing in this chapter establishes,
directly or through implication, a right to receive any offsets from the City or any other
party or agency to enable the Developer to meet the obligations established by this
chapter. Projects are entitled to density bonuses and/or other incentives in accordance
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with provisions of state law, pursuant to the provisions of Chapter 21.86. of this code.
Any offsets approved by the City Council and the housing affordability to be achieved by
use of those offsets shall be set out within the Affordable Housing Agreement pursuant tc
Section 21.85.140 or, at the City’s discretion in a subsequent document. Furthermore,
Developers are encouraged to utilize local, state or federal assistance, when available, to
meet the affordability standards set forth in Sections 21.85.030 and 21.85.040.
21.85.110. In-lieu Fees.
Payment of a fee in-lieu of construction of affordable units may be appropriate i
the following circumstances:
A. For any residential development or development revision of fifty un
or less, the inclusionary requirements may be satisfied through the payment to the City
an in-lieu fee.
B. The in-lieu fee to be paid for each market-rate dwelling unit shall
fifteen (15%) percent of the subsidy needed to make affordable to a lower-into
household one newly-constructed, typical attached-housing unit. This subsidy shall
based upon the City Council’s determination of the average subsidy that would
required to make affordable typical, new two-bedroom/one bath and three-bedroom
bath for-sale units and rental units, each with an assumed affordability tenure of at
55 years.
C. The dollar amount and method of payment of the in-lieu fees shall b
fixed by a schedule adopted, from time to time, by resolution of the City Council. Said fe
shall be assessed against the market-rate lots/units of a development.
D. All in-lieu fees collected hereunder shall be deposited in a Housin
Trust Fund. Said fund shall be administered by the City and shall be used only for th
purpose of providing funding assistance for the provision of affordable housing an
reasonable costs of administration consistent with the policies and programs contained i
the Housing Element of the General Plan.
E. At the discretion of the City Council, where a Developer is authoriz
to pay a fee in-lieu of development, an irrevocable dedication of land or other n
monetary contribution of a value not less than the sum of the otherwise required in-Ii
fee may be accepted as an alternative to paying the in-lieu fee if it is determined that t
non-monetary contribution will be effectual in furthering the goals and policies of t
Housing Element and this Chapter. The valuation of any land offered in-lieu shall
determined by an appraisal made by an agent mutually agreed upon by the City and t
Developer. Costs associated with the appraisal shall be borne by the Developer.
F. Where a Developer is authorized to pay a fee in-lieu of develo
of affordable housing units, any approvals shall be conditioned upon a requirement
the in-lieu fee in an amount established by resolution of the City Council in effect at t
time of payment.
G. As an alternative to paying an in-lieu fee(s), inclusionary housi
requirements may be satisfied either through a combined inclusionary housing proje
pursuant- to Section 21.85.080. of this chapter or new construction.of inclusionary u
subject to approval of the final decision-making authority.
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21.85.120. Collection of fees.
All fees collected under this chapter shall be deposited into a Housing Trust
and shall be expended only for the affordable housing needs of lower-in
households, and reasonable costs of administration consistent with the purpose of th
chapter.
21.85.130. Preliminirv Proiect ADolication and Review Process.
The preliminary project application/review process shall be as follows:
A. A Developer of a Residential Development not subject to a Maste
Plan or Specific Plan, proposing an inclusionary housing project shall have an approve
Site Development Plan prior to execution of an affordable housing agreement for th
project. The Developer may submit a preliminary application to the Housing an
Redevelopment Director prior to the submittal of any formal applications for such housin
development. The preliminary application shall include the following information
applicable:
1. A brief description of the proposal including the number o
inclusionary units proposed;
2. The Zoning, General Plan designations and assessors part
number(s) of the project site;
3. A site plan, drawn to scale, which includes: building footprints
driveway and parking layout, building elevations, existing contours and proposed grading
and
4. A letter identifying what specific offsets and/or adjustme
are being requested of the City. Justification for each request should also be included
B. Within thirty days of receipt of the preliminary application by t
Planning Director for projects not requesting offsets or incentive adjustments, or nin
days for projects requesting offsets or incentive adjustments the department shall prove
to an applicant, a letter which identifies project issues of concern, the offsets a
incentive adjustments that the Community Development Director can support wh
making a recommendation to the final decision-making authority, and the procedures
compliance with this chapter. The applicant shall also be provided with a copy of t
chapter and related policies, the pertinent sections of the California Codes to whi
reference is made in this chapter and all required application forms.
21.85140. Affordable Housina Aareement as a Condition of Develooment.
This chapter requires the following:
A. Developers subject to this chapter shall demonstrate compliance
with this chapter by executing an Affordable Housing Agreement prepared by the City
Housing and Redeveloper Director and submitted to the Developer for execution.
Agreements which conform to the requirements of this section and which do not involve
requests for offsets and/or incentives, other than those permitted by right, if any, shall be
reviewed by the Affordable Housing Policy Team and approved by the Community
Development Director or his designee. Agreements which involve. requests for offsets
and/or incentives, other than those permitted by right, shall require the recommendation
of the Housing Commission and action by the-city Council as the final decision-maker.
Following the approval and execution by all parties, the Affordable Housing Agreement
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with approved Site Development Plan shall be recorded against the entire developme
including market-rate lots/units and the relevant terms and conditions therefrom filed a
subsequently recorded as a separate deed restriction or regulatory agreement on t
affordable project individual lots or units of property which are designated for the lot
of affordable units. The approval and execution of the Affordable Housing Agree
shall take place prior to final map approval and shall be recorded upon final m
recordation or, where a map is not being processed, prior to the issuance of buildi
permits for such lots/units. The Affordable Housing Agreement may require that
specific project and/or unit restrictions be recorded at a future time. The Affor
Housing Agreement shall bind all future owners and successors in interest for the term
years specified therein.
B. An Affordable Housing Agreement, for which the inclusiona
housing requirement will be satisfied through new construction of inclusionary units, eith
onsite or offsite, shall establish, but not be limited to, the following:
1. The number of inclusionary dwelling units proposed, wit
specific calculations detailing the application of any incentive adjustment credit;
2. The unit square footage, and number of bedrooms;
3. The proposed location of the inclusionary units;
4. Amenities and services provided, such as daycare, afte
school programs, transportation, job training/employment services and recreation;
5. Level and tenure of affordability for inclusionary units;
6. Schedule for production of dwelling units;
7. Approved Offsets provided by the City;
8. Where applicable, requirements for other documents to b
approved by the City, such as marketing, leasing and management plans; frnancia
assistance/loan documents; resale agreements; and monitoring and compliance plans;
9. Where applicable, identification of the affordable housi
Developer and agreements specifying their role and relationship to the project; and
C. An Affordable Housing Agreement, for which the inclusion
housing requirement will be satisfied through payment to the City of any in-Ii
contributions other than fee monies, such as land dedication, shall include the method o
determination, schedule and value of total in-lieu contributions.
D. An Affordable Housing Agreement will not be required for proje
which will be satisfying their inclusionary housing requirement through payment to th
City of an in-lieu fee.
21.85.145. Aareement Processina Fee.
The City Council may establish by resolution, fees to be paid by the Developer a
the time of preliminary project application to defray the City’s cost of preparing and/o
reviewing all inclusionary housing agreements.
21.85.150. Aareement Amendments.
-*Any ,amendment to an Affordable Housing Agreement. shall .be processed in th
same manner as an original application for approval, except as authorized in Sectio
21.85.035(B). Amendments to Affordable Housing agreements initially approved prior t
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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 for rental projects. The first right of refusal to purchase the rental project shal
be submitted in writing to the Housing and Redevelopment Director. Within ninety days o
its receipt, the City shall indicate its intent to exercise the first right of refusal for the
purpose of providing affordable housing.
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21.85.160. Preexistina ArJDrovals. 8
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Any residential developments for which a Site Development Plan for the affordabl
housing component of the development was approved prior to the effective date of thi
ordinance shall be subject to the ordinance in effect at the time of the approval.
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21.85.170. Enforcement.
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7 Enforcement provisions are as follows:
A. The provisions of this chapter shall apply to all Developers and th
agents, successors and assigns proposing a residential development governed by t
chapter. No building permit or occupancy permit shall be issued, nor any entitleme
granted, for a project which is not exempt and does not meet the requirements of t
chapter. All inclusionary units shall be rented or owned in accordance with this chapter.
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B. The City may institute any appropriate legal actions or proceedin
necessary to ensure compliance with this chapter, including but not limited to actions
revoke, deny or suspend any permit or development approval.
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C. Any individual who sells or rents a restricted unit in violation of t
provisions of this chapter shall be required to forfeit all monetary amounts so obtaine
Such amounts shall be added to the City’s Housing Trust Fund.
19 21.85.180. Savinas Clause.
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All code provisions, ordinances, and parts of ordinances in conflict with t
provisions of this chapter are repealed. The provisions of this chapter, insofar as the
substantially the same as existing code provisions relating to the same subject
shall be construed as restatements and continuations thereof and not as
enactments. With respect, however, to violations, rights accrued, liabilities accrued,
appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance
or part of an ordinance hereby otherwise repealed, all provisions of such chapte
ordinance, or part of an ordinance shall be deemed to remain in full force for the purpos
of sustaining any proper suit, action, or other proceedings, with respect to any sue
violation, right, liability or appeal.
26 21.85.190. SeDarabilitv of Provisions.
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the effective date of this ordinance shall be entitled to consideration under the ordinanc
provisions superseded by this ordinance.
21.85.155. Exoiration of Affordabilitv Tenure.
If any provision of this chapter or the application thereof to any person
circumstances is held- invalid, the remainder of the chapter and the application of th
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provision to other persons not similarly situated or to other circumstances shall not bt
affected thereby.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption
and the City Clerk shall certify to the adoption of this ordinance and cause it to bt
published at least once in a publication of general circulation in the City of Carlsbad withir
fifteen days after its adoption. (Notwithstanding fhe preceding, this ordinance shall not bt
effective within the City’s Coastal Zone until approved by the California Coast8
Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Cit
‘Council on the --dayof ,
20-9 and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City o
Carlsbad on the day of ,
20 -9 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, MAYOR
Al-TEST:
LORRAINE M. WOOD, CITY CLERK
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 4708
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A NEGATIVE DECLARATION OF A ZONE
CODE AMENDMENT AND LOCAL COASTAL PROGRAM
AMENDMENT TO TITLE 21 OF THE ‘CARLSBAD
MUNICIPAL CODE THAT REPEAL AND REENACT
CHAPTER 21.85 REGARDING AFFORDABLE HOUSING
UNITS FOR LOWER-INCOME HOUSEHOLDS AND IN-LIEU
FEES.
CASE NAME: INCLUSIONARY HOUSING ORDINANCE
AMENDMENT
CASE NO.: ZCA 99-08/LCPA 99-06
WHEREAS, the Planning Commission has recommended approval of an
amendment to Title 2 1 of the Carlsbad Municipal Code that repeals and reenacts Chapter 2 1.85
regarding affordable housing units for lower-income households and in-lieu fees; and
WHEREAS, a Negative Declaration was prepared in conjunction with said
amendment; and
WHEREAS, the Planning Commission did on the 19th day of January, 2000,
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, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of the Negative Declaration
according to Exhibit “ND” dated October 28, 1999, and “PII” dated October 21,
1999, attached hereto and made a part hereof, based on the following findings:
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Findiws:
1. The Planning Commission of the City of Carlsbad does hereby find:
A. it has reviewed, analyzed and considered Negative Declaration ZCA 99-08 and
LCPA 99-06, the environmental impacts therein identified for this project and
any comments thereon prior to RECOMMENDING APPROVAL of the project;
and
B. the Negative Declaration has been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
C. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
D. based on the EIA Part II and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of January, 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4708 -2-
City of Car’lsbad
NEGATIVE DECLARATION
Project Address/Location: The project applies to the’entire City of Carlsbad
Project Description: An amendment to Zoning Ordinance Chapter 21.85, the
“Inclusionary Housing Ordinance,” and the Local Coastal
Program. The existing Ordinance requires residential projects to
either construct housing affordable to lower-income households or
pay fees in-lieu of construction. The proposed changes would,
among other things, change the threshold at which affordable
housing must be constructed, allow alternatives to construction in
certain circumstances, add “extremely low income” as an income
category, and provide incentive credits for developers to assist the
City in meeting its affordable housing needs.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a
Negative Declaration (declaration that the project will not have a significant impact on the
environment) is hereby issued for the subject project. Justification for this action is on file in the
Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are
invited. Please submit comments in writing to the Planning Department within 20 days of date
of issuance. If you have any questions, please call Scott Donnell in the Planning Department at
(760) 438-l 161, extension 4457.
DATED: October 28, 1999
CASE NO: ZCA 99-08/LCPA 99-06
CASE NAME: Inclusionary Housing Ordinance Amendment
PUBLISH DATE: October 28, 1999
Planning Director
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2075 Las Palmas Dr. l Carlsbad. CA 92009-1576 - (760) 438-l 161 - FAX (760) 438-0894 -5
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: ZCA99-08. LCPA 99-06
DATE: October 2 1. 1999
BACKGROUND
1. CASE NAME: Inclusionarv Housing Ordinance Amendment - ZCA 99-08
2. APPLICANT: Citv of Carlsbad Redevelopment and Housing Department (Debbie Fountain,
Director)
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2965 Roosevelt Street, Suite B,
Calrsbad. CA 92008 I (760) 434-2935
4. DATE EIA FORM PART I SUBMITTED: N/A - Citv Droiect
5. PROJECT DESCRIPTION: Proposed amendment to Zoning Ordinance Chapter 21.85, the
“Inclusionary Housing Ordinance,” and the Local Coastal Program. The existing Ordinance
requires residential projects to either construct housing affordable to lower-income households
or pay fees in-lieu of construction. The proposed changes would, among other things, change the
threshold at which affordable housing must be constructed, allow alternatives to construction,
add “extremely low income” as an income category, and provide incentive credits for developers
to assist the City in meeting its affordable housing needs.
SUMMARY OF ENVIRONMENTAL FACTORS PO’JXNTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact
Unless Mitigation Incorporated” as indicated by the checklist on the following pages.
cl Land Use and Planning cl Transportation/Circulation cl Public Services
0 Population and Housing cl Biological Resources cl Utilities & Service Systems
cl Geological Problems 0 Energy & Mineral Resources q Aesthetics
0 Water El Hazards cl Cultural Resources
q Air Quality El Noise cl Recreation
q Mandatory Findings of Significance
1 Rev. 03/28/96
DETERMINATION.
(To be completed by the Lead Agency)
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I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. -4 NEGATIVE
DECLARATION (Neg Dee) will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT (EIR) is required.
I find that the proposed project MAY have significant effect(s) on the environment, but at
least one potentially significant effect 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An EIlUNeg Dee
is required; but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EWNeg Dee pursuant
to applicable standards and (b) have been avoided or mitigated pursuant to that earlier
EIlUNeg Dee, including revisions or mitigation measures that are imposed upon the
proposed project. Therefore, a Notice of Prior Compliance has been prepared.
Planner’s Signature
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Date /
Planning Directgs Sigk&ure
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Date
27 t Rev. 03/28/96
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the Cit>
conduct an Environmental Impact Assessment to determine if a project may have a significant
effect on the environment. The Environmental Impact Assessment appears in the follo\ving
pages in the form of a checklist. This checklist identifies any physical, biological and human
factors that might be impacted by the proposed project and provides the City with information to
use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative
Declaration, or to rely on a previously approved EIR or Negative Declaration.
A brief explanation is required for all answers except “No Impact” answers that are
adequately supported by an information source cited in the parentheses following each
question. A “No Impact” answer is adequately supported if the referenced information
sources show that the impact simply does not apply to projects like the one involved. A
“No Impact” answer should be explained when there is no source document to refer to, or
it is based on project-specific factors as well as general standards.
“Less Than Significant Impact” applies where there is supporting evidence that the
potential impact is not adversely significant, and the impact does not exceed adopted
general standards and policies.
“Potentially Significant Unless Mitigation Incorporated” applies where the incorporation
of mitigation measures has reduced an effect from “Potentially Significant Impact” to a
“Less Than Significant Impact.” The developer must agree to the mitigation, and the
City must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level.
“Potentially Significant Impact” is appropriate if there is substantial evidence that an
effect is significant.
Based on an “EIA-Part II”, if a proposed project could have a potentially significant
effect on the environment, but fl potentially significant effects (a) have been analyzed
adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated
Negative Declaration, including revisions or mitigation measures that are imposed upon
the proposed project, and none of the circumstances requiring a supplement to or
supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional
environmental document is required (Prior Compliance).
When “Potentially Significant Impact” is checked the project is not necessarily required
to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be mitigated, or a “Statement of
Overriding Considerations” has been made pursuant to that earlier EIR.
A Negative Declaration may be prepared if the City perceives no substantial evidence that
the project or any of its aspects may cause a significant effect on the environment.
Rev. 03/28/96
0 If there are one or more potentially significant effects, the City may avoid preparing an
EIR if there are mitigation measures to clearly reduce impacts to less than significant, and
those mitigation measures are agreed to by the developer prior to public revie\v. In this
case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated”
may be checked and a Mitigated Negative Declaration may be prepared.
l An EIR must be prepared if “Potentially Significant Impact” is checked, and including
but not limited to the following circumstances: (1) the potentially significant effect has
not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and
the developer does not agree to mitigation measures that reduce the impact to less than
significant; (2) a “Statement of Overriding Considerations” for the significant impact has
not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce
the impact to less than significant, or; (4) through the EIA-Part II analysis it is not
possible to determine the level of significance for a potentially adverse effect, or
determine the effectiveness of a mitigation measure in reducing a potentially significant
effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the
form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention
should be given to discussing mitigation for impacts which would otherwise be determined
significant.
Rev. 03/28/96 24
Issues (and Supporting Information Sources).
I. LAND USE AND PLANNING. Would the proposal:.
a)
b)
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d)
e)
Conflict with general plan designation or zoning?
Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over
the project?
Be incompatible with existing land use in the
vicinity?
Affect agricultural resources or operations (e.g.
impacts to soils or farmlands, or impacts from
incompatible land uses?
Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)?
II. POPULATION AND HOUSING. Would the proposal:
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b)
c)
Cumulatively exceed official regional or local
population projections?
Induce substantial growth in an area either directly
or indirectly (e.g. through projects in an
undeveloped area or extension of major
infrastructure)?
Displace existing housing, especially affordable
housing?
III. GEOLOGIC PROBLEMS. Would the proposal result
in or expose people to potential impacts involving:
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b)
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d
f)
8)
h)
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Fault rupture?
Seismic ground shaking?
Seismic ground failure, including liquefaction?
Seiche, tsunami, or volcanic hazard?
Landslides or mudfIows?
Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill?
Subsidence of the land?
Expansive soils?
Unique geologic or physical features?
IV. WATER. Would the proposal result in:
a)
b)
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e)
Changes in absorption rates, drainage patterns, or
the rate and amount of surface runoff?
Exposure of people or property to water related
hazards such as flooding?
Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)?
Changes in the amount of surface water in any
water body?
Changes in currents, or the course or direction of
water movements?
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Potentially
Significanl Impact
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Less Than
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5 Rev. 03128196
Issues (and Supporting Information Sources).
Changes in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability?
Altered direction or rate of flow of groundwater?
Impacts to groundwater quality?
Substantial reduction in the amount of
groundwater otherwise available for public water
supplies?
v. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation?
b) Expose sensitive receptors to pollutants?
c) Alter air movement, moisture, or temperature, or
cause any change in climate?
d) Create objectionable odors?
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
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b)
Increased vehicle trips or traffic congestion?
c)
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e)
f)
Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible
uses (e.g. farm equipment)?
Inadequate emergency access or access to nearby
uses?
Insufficient parking capacity on-site or off-site?
Hazards or barriers for pedestrians or bicyclists?
Conflicts with adopted policies supporting
alternative transportation (e.g. bus turnouts,
bicycle racks)?
9) Rail, waterborne or air traffic impacts?
VII. . BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
a) Endangered, threatened or rare species or their
habitats (including but not limited to plants, fish,
insects, animals, and birds?
b) Locally designated species (e.g. heritage trees)?
c) Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)?
d) Wetland habitat (e.g. marsh, riparian and vernal
pool)?
e) Wildlife dispersal or migration corridors?
VIII. ENERGY AND MINERAL RESOURCES. Would the
proposal?
a) Conflict with adopted energy conservation plans’?
Potentially
Significant
Impact
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Mitigation Incorporated
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Less Than
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Rev. 03128196 31
Issues (and Supporting Information Sources).
b)
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Use non-renewable resources in a wasteful and
inefficient manner?
Result in the loss of availability of a known
mineral resource that would be of future value to
the region and the residents of the State?
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of
hazardous substances (including, but not limited
to: oil, pesticides, chemicals or radiation)?
b) Possible interference with an emergency response
plan or emergency evacuation plan?
c) The creation of any health hazard or potential
health hazards?
d) Exposure of people to existing sources of potential
health hazards?
e) Increase fue hazard in areas with flammable brush,
grass, or trees?
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to severe noise levels?
XI. PUBLIC SERVICES. Would &e proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection?
b) Police protection?
c) Schools?
d) Maintenance of public facilities, including roads?
e) Other governmental services?
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new syStems or supplies.
or substantial alterations to the following utilities:
’ a) Power or natural gas?
b) Communications systems?
c) Local or regional water treatment or distribution
facilities?
d) Sewer or septic tanks?
e) Storm water drainage?
f) Solid waste disposal?
g) Local or regional water supplies?
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway? .
b) Have a demonstrated negative aesthetic effect?
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Potentially
Significant
Impact
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Potential@
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Unless Mitigation
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Less Than Synificant
Impact
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Rev. 03128196 32
Issues (and Supporting Information Sources).
XIV.
xv.
XVI.
c) Create light or glare?
CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources?
b) Disturb archaeological resources?
c) Affect historical resources?
d) Have the potential to cause a physical change
which would affect unique ethnic cultural values?
e) Restrict existing religious or sacred uses within the
potential impact area?
RECREATIONAL. Would the proposal:
a) Increase the demand for neighborhood or regional
parks or other recreational facilities?
b) Affect existing recreational opportunities?
MANDATORY FINDINGS OF SIGNIFICANCE.
al
b)
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Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a fish
or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict
the range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects)?
Does the project have environmental effects which
will cause the substantial adverse effects on human
beings, either directly or indirectly?
Potentially Potentially Less Than ii0 Significant Significant Significant lmpxt
impact Unless Impacr
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Rev. 03128196
XVII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negati\ve
declaration. Section 15063(c)(3)@). In this case a discussion should identify the
following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available
for review.
b) Impacts adequately addressed. Identify which effects from the above checklist
were within the scope of and adequately analyzed in an earlier document pursuant
to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis. .
c> Mitigation measures. For effects that are “Less than Significant with Mitigation
Incorporated,“ describe the mitigation measures which were incorporated or
refined from the earlier document and the extent to which they address site-
specific conditions for the project.
9 Rev. 03128/96
DISCUSSION OF ENVIRONMENTAL EVALUATION
PROJECT DESCRIPTION/ENVIRONMENTAL SETTING
The project is an amendment to the Inclusionary Housing Ordinance, Chapter 21.S5 of the
Zoning Ordinance, and the Local Coastal Program. The Ordinance. adopted in 1993, added
requirements for residential development to either provide housing affordable to lower-income
households (“affordable housing”) or, in certain circumstances, to pay a fee. The Ordinance is
implemented as a Citywide Inclusionary Housing Program. A Negative Declaration \vith no
mitigation measures was adopted for the existing ordinance.
A summary of the amendment follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Making various, minor “housekeeping” revisions;
Adding and revising definitions, including “extremely low income” as a new class of
affordable housing and household;
Increasing the threshold, expressed as a certain number of proposed units, at which a
project must construct affordable housing;
Decreasing the rental standard for a low income affordable unit;
Establishing a specific term during which a unit must remain affordable;
Providing other means besides new construction (e.g., conversion of market rate to
affordable units) as a way to meet affordable housing requirements in certain
circumstances;
Offering developer incentives to provide, for example, specific kinds of affordable
housing in exchange for a reduced total inclusionary housing requirement;
Allowing the City first right of refusal to purchase affordable rental projects upon
expiration of their affordability tenure, and;
Bringing the ordinance into conformance with the regionally-adopted guidelines for
housing element self certification pursuant to California Government Code Section
65585.1.
Staff has determined the proposed project could not have a significant effect on the environment
and has therfore prepared a negative declaration. No mitigation measures are required.
Specifically, the environmental analysis performed by staff resulted in this determination for the
following reasons:
1. The amendment is not associated with any specific development project and does not
propose any development; 3 -. The amendment does not affect: any General Plan or zoning designation, allowable
densities or land uses, or any environmental plan;
3. The amendment does not directly or indirectly result in any significant physical,
3.
biological, or human environmental impacts, and;
The amendment does not conflict with or affect any of the 14 environmental factors (i.e.,
Land Use and Planning, Population and Housing) as listed in this Environmental impact
Assessment Form and as discussed in the related section below.
Additionally, any future residential development processed pursuant to the Inclusionary Housing
Ordinance as proposed for amendment shall be required to undergo separate and detailed
environmental review.
10 Rev. 03128196 35 6
DISCUSSION OF IMPACTS TO ENVIRONMENTAL FACTORS
1.
3 -.
3.
4.
5. *
6:
7:
8.
9.
Land Use and Planning - The amendment will not conflict with any general plan or
zoning designation because it does not affect density, allowed land uses. or the intent and
purpose of those designations. It will assist in implementing the General Plan Housing
Element by requiring residential development projects to provide or contribute to
affordable housing. As the amendment proposes no development and is not site specific.
questions regarding the amendment’s impact to existing land uses, agricultural resources
or operations, and the physical arrangement of an established community are
inapplicable.
Population and Housing - Since it does not propose any development or affect
allowable land uses or densities, the amendment will not affect any population
projections, induce substantial growth, or displace any existing housing. Conversely, the
Inclusionary Housing Ordinance and the amendment require and offer incentives to new
development to provide affordable housing.
Geologic Problems - The amendment changes regulations that affect development on a
citywide basis. It does not relate to any particular development project or site or geologic
condition. There are no geologic problems associated with this amendment; such would
be analyzed as part of the environmental review of a proposed development project.
Water - The amendment affects citywide inclusionary housing requirements. Ai no site-
specific project nor changes to standards or policies regarding water-related issues are
proposed, the proposal will not impact this category.
Air Quality - The proposal, in and of itself, will generate no development or land uses,
nor does it impact adopted city standards and policies relating to air quality.
Accordingly, it will not impact this concern.
Biological Resources - Since no site-specific project or changes to City standards or
policies affecting plant and animal resources are proposed, there will be no impacts to
biological resources.
Energy and Mineral Resources - As no site-specific project or changes to City
standards or policies relating to these assets is proposed as part of the changes proposed
to the Inclusionary Housing Ordinance, there will be no impacts to energy and mineral
resources.
Hazards - No site-specific project or changes to City standards or policies relating to
natural and man-made hazards or emergency plans are proposed. Therefore, the
amendment will not impact this subject.
Noise - The amendment, in and of itself, will not generate development or land uses or
impact adopted city standards and policies relating to noise; accordingly, it will not
impact this concern.
11 Rev. 03128196
10.
11.
12.
13.
14.
Public Services - Since no site-specific project or changes to City standards or policies
regarding public services are proposed, there will be no impacts in this category.
Utilities and Service Systems - Since no site-specific project or chan,oes to Cit!
standards or policies affecting utilities and service systems are proposed, there will be no
impacts to such systems.
Aesthetics - As no site-specific project’or changes to City standards or policies relating to
views, aesthetics, or light and glare is proposed as part of the amendment, there will be
no impacts to energy and mineral resources.
Cultural Resources - As no site-specific project or changes to City standards or policies
relating to these assets is proposed as part of the amendment, there will be no impacts to
cultural resources.
Recreational - As no site-specific project or changes to City standards or policies
regarding recreational facilities or demand for the same are proposed, there will be no
impact to recreational uses, existing or proposed.
LIST OF MITIGATING MEASURES (IF APPLICABLE‘1
N/A
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
N/A
APPLICANT CONCURRENCE WITH MITIGATION MEASURES (IF APPLICABLE]
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND
CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
N/A ’ N/A
Date Signature
12 Rev. 03/28/96
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EXHIBIT 4
PLANNING COMMISSION RESOLUTION NO. 4709
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO TITLE 21
OF THE CARLSBAD MUNICIPAL CODE THAT REPEALS
REENACTS CHAPTER 21.85 REGARDING
AFFORDABLE HOUSING UNITS FOR LOWER-INCOME
HOUSEHOLDS AND IN-LIEU FEES.
CASE NAME: INCLUSIONARY HOUSING ORDINANCE
AMENDMENT
CASE NO: ZCA 99-08
WHEREAS, the Planning Director has prepared a proposed Zone Code
Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to:
Repeal and reenact Chapter 21.85 of the Carlsbad Municipal
Code regarding affordable housing units for lower-income
households; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X” dated, January 19, 2000, and attached hereto INCLUSIONARY
HOUSING ORDINANCE AMENDMENT, ZCA 99-08; and
WHEREAS, the Housing Commission did on the 12th day of August, 1999,
hold a public meeting to consider a recommendation to the Planning Commission and City
Council to amend Title 21 of the Carlsbad Municipal Code by the repeal and reenactment of
Chapter 21.85 regarding affordable housing units for lower-income households and in-lieu
fees; and
WHEREAS, at said public meeting, upon hearing and considering all testimony,
if any, of all persons desiring to be heard, said Commission considered all factors relating to
the repeal and reenactment of Chapter 21.85, and voted to recommend approval of said
modifications; and
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WHEREAS, the Planning Commission did on the 19th day of January, 2000,
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 Zone Code Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of INCLUSIONARY HOUSING
ORDINANCE AMENDMENT, ZCA 99-08, based on the following findings:
Findinps:
1.
2.
. . .
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. * .
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That the proposed Zone Code Amendment ZCA 99-08 is consistent with the General
Plan in that it is consistent with the goals and objectives of the City of Carlsbad’s
Housing Element, the Consolidated Plan, and the Carlsbad General Plan.
That the proposed ZCA reflects sound principles of good planning in that it: (1)
Complies with the General Plan and Local Coastal Program; (2) Consists of logical
and practical revisions based in part on several years of implementing the current
Inclusionary Housing Ordinance; and (3) Seeks to improve the availability, variety
and methods to provide affordable housing and shelter in the City of Carlsbad.
PC F2ESO NO. 4709 -2- 39 c
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 19th day of January, 2000, by the following
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vote. to wit:
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AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
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NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4709 -3-
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16 WHEREAS, California State law requires that the Local Coastal Program and
17 Zoning Ordinance be in conformance and therefore amendments to the implementing ordinance
18 also require an amendment to the Local Coastal Program to ensure consistency between the two
19 documents; and
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24 Program Amendment as shown on Exhibits “X” dated January 19, 2000, attached to Planning
25 Commission Resolution No. 4709 and incorporated herein by reference as provided in Public
26 Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title
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PLANNING COMMISSION RESOLUTION NO. 4710
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO MARE IT CONSISTENT
WITH THE REPEAL AND REENACTMENT OF ZONING
ORDINANCE CHAPTER 21.85 REGARDING AFFORDABLE
HOUSING UNITS FOR LOWER-INCOME HOUSEHOLDS AND
IN-LIEU FEES.
CASE NAME: INCLUSIONARY HOUSING ORDINANCE
AMENDMENT
CASE NO: LCPA 96-10
WHEREAS, the City is repealing and reenacting Chapter 21.85 of Title 21
(Zoning Ordinance) of the Carlsbad Municipal Code regarding affordable housing units
for lower-income households; and
WHEREAS, the Zoning Ordinance is the implementing ordinance for the City’s
Local Coastal Program; and
WHEREAS, a verified application for an amendment to the Local Coastal
Program has been filed with the Planning Department; and
WHEREAS, said verified application constitutes a request for a Local Coastal
14 of the California Code of Regulations of the California Coastal Commission Administrative
Regulations; and
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WHEREAS, the Housing Commission did on the 12th day of August, 1999,
hold a public meeting to consider a recommendation to the Planning Commission and City
Council to amend Title 21 of the Carlsbad Municipal Code by the repeal and reenactment
of Chapter 21.85 regarding affordable housing units for lower-income households and in-
lieu fees; and
WHEREAS, at said public meeting, upon hearing and considering all testimony,
if any, of all persons desiring to be heard, said Commission considered all factors relating to
the repeal and reenactment of Chapter 21.85, and voted to recommend approval of said
modifications; and
WHEREAS, the Planning Commission did on the 19th day of January 2000,
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 Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six week public review period for
any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
W At the end of the State mandated six week review period, starting on December
23, 1999 and ending on February 3,2000, staff shall present to the City Council
a summary of the comments received.
c>
Findinps:
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of INCLUSIONARY HOUSING
ORDINANCE AMENDMENT, LCPA 99-06, based on the following findings:
1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
PC RESO NO. 4710 -2- 42
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of the Mello I, Mello II, Agua Hedionda, Redevelopment, East Batiquitos, and West
Batiquitos segments of the Carlsbad Local Coastal Program in that the proposed
amendment is limited in nature in that it will not alter any coastal zone regulations,
land use designations or policies, with which future projects subject to the
inclusionary housing ordinance must comply.
2. That the proposed amendment to the segments of the Carlsbad Local Coastal Program is
required to bring them into consistency with the proposed zone code amendment.
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 19th day of January 2000, by the following
vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairperson
CARLSBqD PLANNING COMMISSION
.
ATTEST:
Planning Director
PC RESO NO. 4710 -3-
EXHIBIT 5
“Chapter 21.85
INCLUSIONARY HOUSING
Sections:
21.85.010 Purpose and Intent.
21.85.020 Defmitions.
21.85.030 . . Ai@M&+&Inclusionary Housing Requirement.
21.85.035 New Master Plans or Specijk Plans.
21.85.040 Affordable Housing Stanakrds.~
21.85.050 Calculating the Required Number of Inclusionaty Units.T-
21.85.060 Incentive Credit A&&ment to the Inclusionary Requirement.
21.85.070 Alternatives to Construction of Inclusionary Units.~
21.85.080 Combined Inclusionary Housing Projects.-
21.85.090 Creation of Inclusionary Units Not Required.-
21.85.100 Offsets to the Cost of Affordable Housing Development. &~&R&MS
21.85.110 In-lieu Fe es.3
21.85.120 Collection of Fees-.
21.85.130 Preliminary Project &plication and Review Pr0cess.I
21.85.140 Affordable Housing Agreement as a Condition of Development.
21.85145 Agreement Processing Fee.
21.85.150 Agreement/Amendments.- of ;?fe
21.85.160 Pre-existing Apptovals.~
21.85.170 Enforcement.~.
21.85.180 . . Savings Clause .w
21.85.190 Separability of Provisions .m
1 OC?M I.“d.““”
21.85010. Purwse and Intent.
The purpose and intent of this chapter is as follows:
1
#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 moderate income. It is also the policy of the City to:
1. Require that a minimum of fifteen (15%J percent of all approved residential . . . . . development 9 be restricted to and affordable by to
lower-income households; subject to adjustment based on the granting of certain incentives;
2. Require that for those developments which provide ten or more units affordable to
lower-income households, at least ten (10%) percent of the lower-income units should- shall have three or more
bedrooms; and
3. . . *. . e Under certain
conditions, allow alternatives to onsite construction as a means of providing affordable units;
k In specific cases, allow inclusionary requirements to be satisfied through the payment of an in-
lieu fee as an aldernative to requiring inclusionary units to be constructed on the ground;
+l$B. It is the purpose of this chapter to ensure the implementation of the City objective and policy
stated in subsection # A.
(c)C. Nothing in this chapter is intended to create a mandatory duty on b&a-l-f 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.
21.85020. Definitions.
Whenever the following terms are used in this chapter, they shall have the meaning established by this section:
HA. “Affordable housing” means housing for which the allowable housing expenses paid by a
qualifying household shall not exceed a specified fraction of the gross monthly income, adjusted for household size,
for the following classes of housing:
1. Extremely low-income, rental or for-sale units: thirty (3070) percent of the gross
monthly income, adjusted for household size, at thirty (300/o) percent of the County medtkn income;
@j2. Very low-income, ~rental and una&&ed
*for-sale units: thirty (30%) percent of the gross monthly income, adjusted for
household size, at fifty (50%) percent of the County median income;
@j3. Low-income, sfor-sale units: thirty (30%)
percent of the gross monthly income, adjusted for household size, at seventy eighty (80%) percent of the County
median income;
@)4. Low-income, srental units: thirty (30%)
percent of the gross monthly income, adjusted for household size, at seventy (70%) percent of the County median
income;
GW. “Affordable housing agreement” means a legally binding agreement between a Developer and
the City to ensure that the inclusionary requirements of this chapter are satisfied. The agreement establishes, among
other things, the number of required inclusionary units, the unit sizes, location, affordability tenure, terms and
conditions of affordability and unit production schedule.
f3)C. “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,
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homeowners association dues and a reasonable allowance for utilities as defined by the Federal Regulations for the
Se&e14 Tenant Based Rental Assistance Program. For a rental unit, allowable housing expenses include rent and a
~WXWEI& utility allowance F,, 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
untt 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.
#D* “‘Base residential units” means the total units approved by the final decision making
authority. Total residential units are compose of both market rate units and inclusionary units. V
E. “Affordable housing policy team” shaIl consist of the Community Development Director,
Planning Director, Housing and Redevelopment Director, Administrative Services Director/Finance Director, and a
representative of the City Attorney’s office.
@F. “Combined inclusionary housing project” means separate residential development sites which
are linked by a contractual relationship such that some or all of the inclusionary units which are associated with one
development site are produced and operated at a separate development site or sites.
6% “Conversion” means the change of status of a dwelling unit from a purchased unit to a rental
unit or vice versa.
@jH. “Density bonus (new residential construction)” means a minimum density increase of at least
twenty-five (25%) percent over either the Growth Management Control Point of the applicable General Plan
designation, as defined in Section 21.90.045 of this Title, or the otherwise maximum allowable residential density as
specified by the applicable Master Plan or Specific Plan, at the time of application.
I. “Extremely low-income household” means those households whose gross income is equal to
or less than thirty (3070) percent of the median income for San Diego County as determined by the U.S. Department
of Housing and Urban Development.
+4@ J. “Financial assistance” means assistance to include, but not be limited to, the subsidization of
fees, infrastructure, land costs, or construction costs, the use of redevelopment set-aside funds, or Community
Development Block Grant (CDBG) funds, or the provision of other direct financial aid in the form of cash transfer
payments or other monetary compensation, by the City of Carlsbad.
+KljK. “Growth Management Control Point” shall have the same meaning as provided in chapter
21.90, Section 21.90.045 of this Title.
&2jL. “Incentives” means a reduction in the inclusionary housing requirement granted in return for
the provision of certain desired types of affordable housing or related amenities as determined by the City Council.
@3)&f. “Inclusionary housing project” means a new residential development or conversion of existing
residential buildings which has at least fifteen (15%) percent vf the total units reserved and made
affordable to lower-income households ] as required by this chapter.
+ljN. “Inclusionary unit” means a dwelling unit tha; will be offeied for rent or sale exclusively to
and which shall be affordable to lower-income households, as required by this chapter.
@++O. “Income” means any monetary benefits that qualifi&s as income in accordance with the
criteria and procedures used by the City of Carlsbad Housing and Redevelopment Department for the acceptance of
applications and recertifications for the Se&x&-Tenant Based Rental Assistance Program, or its successor.
3
+@P. “Low-income household” means those households whose gross income is more than fifty
(50%) percent but does not exceed eighty (80%) percent of the median income for San Diego County as determined
annually by the U.S. Department of Housing and Urban Development.
WQ. “Lower-income household” means low-income, &very low-income and extremely low-
income households, whose gross income does not exceed eighty (80%) percent of the median income for San Diego
County as determined annually by the U.S. Department of Housing and Urban Development.
(48jR. “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.
assistance, density increases, standards modifktions or any other financial, land use, or regulatory concession
which would result in an identifktble cost reduction enabling the provision of afforakble housing.
T. “Residential Development” means any new residential construction of rental or for-sale
units or development revisions, including those with and without a Master Phm or Specific Plan, planned unit
developments, Site Development Plans, mobilehome developments and conversions of apartments to condominiums,
as well as dwelling units for which the cost of shelter is included in a recur&g payment for expenses, whether or
not an initial lump sum fee is also required.
(Zl$Y. “Target income level” means the income standards for extremely w low, very low and low-
income levels within San Diego County as determined annually by the U.S. Department of Housing and Urban
Development, and adjusted for family size. * II (22) “15
percent or less of the median income for San Diego County as determined annually by the U.S. Department of
Housing and Urban Development.
21.85.030. Am4kM+d Inclusionan Housing Reauirement.
The inclusionary housing requirements of this chapter shaU apply as follows:
@A. This chapter shall apply to all residential market-rate dwelling units resulting from new
construction of rental and “for-sale” projects, as well as the conversion of apartments to a&paee condominiums
5si+ll&:
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B. For any residential development or development revision of more than -fifty (SO) units,
not less than fifteen (15%) percent of the total units approved shall be constructed and restricted both as to
occupancy and aflordability 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 (10Y0) percent of the lower income units shah have three or more bedrooms.
#D. - > This chapter shall not apply to the following:
extended, provided that the number of units is not increased, kewever except that this chapter shall pertain to the
subdivision of land for the conversion of apartments to a&paee condomkiums;
2. Conversion of a mobilehome park pursuant to Section 21.37.120 of the Code;
Jj3#393. 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 residential
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+4. Any residential unit which is accessory as defined in Section 21 J4.020 of this Code . . . . 7; or
Memm
5. Second Dwelling Units not constructed to ful&ll inclusionary housing requirements
and developed in accordance witlt Section 21.10.015 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 this ordinance, as set forth in Section 21.85160 of this chapter.
21.85.035 New Master Plans or Snecitic Plans
New Master Plans and Specific Plans shall submit an inclusionary housing phm as follows:
A. All Master Plans and Specific Plans approved on or after the efective date of this Ordinance
are required by this chapter to provide an inclusiomuy housing plan within the Master Plan or Specific Plan
document. This inclusionaty housing plan will include appropriate text, maps. tables, or-figures to establish the basic
framavork for implementing the requirements of this chapter. It shall establish, as a minimum, but not be limited to,
the following:
1. The number of market rate units in the Master Plan or Specific Plan;
2. The number of required inclusionary units for lower-income households over the
entire Master Plan or Specific Plan;
3. The designated sites for the location of the inclusionary units, including but not
limited to any sites for locating oflstIe inclusionary housing projects or combined inclusionary housing projects; 4
4: Agreement shah be
made a condition of all future discretionary permits for development within the Master or Specific Plan area such as
tentative maps, parcel maps, planned unit developments and Site Development Plans. The provision shah establish
that ah relevant terms and conditions of any Afforxhable housing Agreement shall be fled and recorded as a
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restriction on the project as a whole and those individual lots, units or projects which are designated as inclusionary
units. The Affordable Housing Agreement shall be consistent with Section 21.85140 of this chapter.
B. The location and phasing of inclusionary dwelling units may be modified as a minor
amendment to the Master Plan pursuant to Section 21.38.120 of this Title if the City Council authorizes such
modifications when approving the Master Plan.
C. All existing Master Plans or Specific Plans proposed for major amendment, pursuant to
Section 21.38.120 of this Code, shall incorporate into the amended Master Plan or Specific Plan document an
Inclusionary housing plan, consistent with this Section of this chapter.
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21.85.040. Affordable Housing Standards
The affor&ble housing standards are as follows:
A. AU residential developments 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.
B. Whenever reasonably possible inclusionary units should be built on the residential
development project site.2
C. The required inclusumary 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. Inclusionary rental units shaIl remain restricted and affordable to the designated income
group for 55years. In addition to the income of a targeted group, IimtWions on assets may also be used as a factor
in determining eligibility for rental or for-sale units. Notwithstanding anything to the contrary in this chapter, no
inclusionary unit shall be rented for an amount which exceeds ninety (90?4) percent of the actual rent charged for a
comparable market unit in the same development, if any.
E. Afer the initial sale of the inclusionary for-sale units at a price affordable to the target
income level group, inclusionary for-sale units shall remain affordable to subsequent income eligible buyers.
pursuant to a resale restriction with a term of thirty (30) years or for-sale 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 at affor&ble prices. To the extent possible, projects using for-sale
units to satisfy inclusionary requirements shall be designed to be compatible with conventional mortgage financing
programs including secondary market requirements.
F. Inclusionary 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 andflnished quality.
H. Inclusionary projects shall provide a mix of affoordable dwelling units, as to number of
bedrooms, in response to affora%ible 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.
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21.85. 050. CaIculutin~ the Reauired Number of Inclusionarv Units.
Subject to adjtlstments for incentives, the required number of lower-income inclusionary units shall be
fifleen (15%) percent of Total residential units, approved by the jkl decision-making authority. Fractional unit . requirements of .5 or greater will be rounded up to a whole unit, 9 .
W or a fractional proportion of the in-lieu fee may be paid. .
8
Example:
Total residential units = 15% Inclusionary units plus 85% Market rate units. If the final decision making
authority approves 100 residential units, then the Inclusionary requirement equals 15% of the “Total” or 15 units.
The allowable market rate units would be 85% of the “Total” or 85 units.
21.85. 060. Incentive Credit Adiustment to the Inclusionarv Reauirement.
Certain types of affordable housing are relatively more desirable in satisfying the City’s state mandated
afforakble housing requirement as well as the City’s Housing Element, goals, objectives and policies, and these may
change over time.
As an incentive to assist the City in providing this housing, Developers may receive additional (more than
one unit) credit for each of such units provided, thereby reducing the total inclusionary housing requirement to
less than fifteen (15%) percent of all residential units approved.] . . VA Schedule of Inclusionary Housing Incentive Credit specifying how credit may be
earned shall be adopted by the City Council and made available to Developers subject to this chapter.
21.85.070. Alternatives to Construction of Inclusionarv Units.
Notwithstanding any contrary provisions of this chapter, at the sole discretion of the City Council, the City
may determine that an alternative to the construction of new inclusionary units is acceptable.
A. The City Council may approve alternatives to the construction of new inclusionary units
where the proposed alternative supports specific Housing Element policies and goals and assists the City in meeting . . * 1 its e stated- &&&Me housing requirements.
Such detenm’nation shall be based on findings that new construction would be infeasible or present unreasonable
hardship in light of such factors as project size, site constraints, market competition, price and product type
disparity, Developer capability, and financial subsidies available. Alternatives may include, but not be limited to,
acquisition and rehabilitation of affordable units, conversion of existing market units to affordable units, and
construction of special needs housing projects or programs (shelters, transitional housing, etc.), but not
construction of second dwelling units.
B. Contribution to a special needs housing project or program may also be an acceptable
alternative based upon such findings. The contribution shaB amount to the calculation of amount for an in-lieu fee
as setforth in Section 21.85.110.
21.85. 080. Combined Inclusionarv Housing Proiects.
An affoordable housing requirement may be satisfied with offside ‘construction as follows:
A. When it can be demonstrated by a Developer that the location of inclusionary units onsite is
not feasible, and that the goals of this chapter and the City’s Housing Element would be better served by allowing
some or all of the inclusionary units associated with one residential project site to be produced and operated at an
alternative site or sites the resulting linked inclusionary project site(s) is a combined inclusionary housing project.
B. It is at the sole discretion of the City Council to author&e the residential site(s) which form
a combined inclusionary housing project. Such decision shall be based on findings that the Combined Project
represents a more effective and feasible means of implementing this chapter and the goals of the City’s Housing
Element. Factors to be weighed in this determination include: the feasibility of the onsite option considering
project size, site constraints, competition from multiple projects, dtf’+&y in integrating due to significant price and
product type disparity, lack of capacity of the onsite development entity to deliver affordable housing. Also to be
considered is whether the offsite option offers greater feasibility and cost effectiveness, particularly, regarding
potential local public assistance and the City’s affordable housing jinancial assistance policy, location advantages
such as proximity to jobs, schools, transportation, services, less an impact on other existing developments, capacity
of the development entity to deliver the project, and satisfaction of multiple Developer obligations that would be
difficult to satisfy with muhiple projects.
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c. AU agreements between parties to form a combined inclusionary housing project shall be
made a part of the Affordable Housing Agreement required for the site(s) which Affotile Housing Agreement(s)
shall be approved by Council.
D. Location of the combined inclusionary housing project is limited to sites within the same
City quadrant in which the market-rate units are located, or site which are contiguous to the quadrant in which the . . . . market-rate units are proposed. e SF Z$e&&Wm
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21.85.090. Creation of Inclusionarv Units Not Reauired.
Inclusionary units created which exceed the final requirement for a prcject may, subject to City Council
approval in the Affordable Housing Agreement, be utilized by the Developer to satis& other inclusionary
requirements for which it is obligated or market the units to other Developers as a Combined Project subject to the
requirements of Section 21.85.080.
21.85. 100. Offsets to the Cost of Affordable Housing Devehmment.
The City shall v consider making onsets available to Developers when necessary to enable
residential projects to provide a preferable product type or affoordability in excess of the requirements of this chapter.
Offsets will be offered by the City to the extent that resources and programs for this purpose are available to the City
and approved for such use by the City Council, and to the extent that the residential development, with the use of
offsets, assists in achieving the City’s housing goals. To the degree that the City makes available programs to
provide offsets, Developers may make application for such programs Evaluation of requests for offsets shall be
based on the effectiveness of the offsets in achieving a preferable product type and/or affordability objectives as set
forth within the Housing Element; the capability of the development team; the reasonableness of development costs
andjusti~ation of subsidy needs; and the extent to which other resources are used to leverage the requested offsets.
Nothing in this chapter establishes, directly or through implication, a right to receive any offsets from the City or
any other party or agency to enable the Developer to meet the obligations established by this chapter. Projects are
entitled to density bonuses and/or other incentives in accordance with provisions of state law, pursuant to the
provisions of Chapter 21.86. of this code. Any offsets approved by the City Council and the housing affordability to
be achieved by use of those offsets shall be set out within the Affordable Housing Agreement pursuant to Section
21.85.140 or, at the City’s discretion in a subsequent document. Furthermore, Developers are encouraged to utilize
local, state or federal assistance, when available, to meet the affordability standards set forth in Sections 21.85.030
and 21.8.040.
21.85. 110. In-lieu Fees.
Payment of a fee in-lieu of construction of affootdable units may be appropriate in the following
circumstances:
A. For any residential development or development revision of f@y units or less, the
inclusionary requirements may be satisfied through the payment to the City of an in-lieu fee or other in-lieu
contribution such as land.
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B. The in-lieu fee to be paid for each market-rate dweUing unit shaU be fifteen (15%) percent
of the subsidy needed to make affordable to a lower-income household one newly-constructed, typical attached-
housing unit. This subsidy shall be based upon the City Council’s determination of the average subsidy that would
be required to make affordable typical, new two-bedroom/one bath and three-bedroom/two-bath for-sale units and
rental units, each with an assumed affordability tenure of at least 55 years.
C. The dollar amount and method of payment of the in-lieu fees shall be jixed by a schedule
adopted, from time to time, by resolution of the City Council. Said fee shall be assessed against the market-rate
lots/units of a development.
D. AU in-lieu fees coUected hereunder shall be deposited in a Housing Trust Fund. Said fund
shall be administered by the City and shall be used only for the purpose of providing funding assistance for the
provision of affortiable housing units or assistance programs and reasonable costs of administration consistent with
the policies and programs contained in the Housing Element of the General Plan.
E. At the discretion of the City Council, where a Developer is authorized to pay a fee in-lieu of
development, an irrevocable dedication of land or other non-monetary contribution of a value not less than the sum
of the otherwise required in-lieu fee may be accepted as an alternative to paying the in-lieu fee tf it is determined
that the non-monetary contribution will be effectual in furthering the goals and policies of the Housing Element,
and this chapter. The valuation of any land offered in-lieu shall be determined by an appraisal made by an agent
mutually agreed upon by the City and the Developer. Costs associated with the appraisal shall be borne by the
Developer.
F. Where a Developer is authotized to pay a fee in-lieu of development of affoordable housing
units, any approvals shall be conditioned upon a requirement to pay the in-lieu fee in an amount established by
resolution of the City Council in effect at the time of payment.
G. As an alternative to paying an in-lieu fee(s), inclusionary housing requirements may be
satisfied either through a combined inclusionary housing project, pursuant to
Section 21.85.080 of this chapter or new construction of-inclusionary units subject to approval of Jmd decision-
making authority.
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21.85. 120. CoUection of fees.
AU fees coUected under this chapter shall be deposited into a Housing Trust Fund and shall be expended
only for the affordable housing needs of lower-income households, and reasonable costs of administration
consistent with the purpose of this chapter.
21.85. W?l30. Preliminarv Project At&ication and Review Process.
The preliminary project application/review process shall be as follows:
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QA. An-ap+&&Developer of a Residential Development not subject to a Master Plan or
Spectfic Plan, proposing an inclusionary housing project shall have an approved Site~Development Plan prior to
execution of an affokkble housing agreement for the project. The Developer may submit a preliminary application
to the %x+&@Tousing and Redevelopment Director prior to the submittal of any formal applications for such
housing development. The preliminary application shall include the following information if applicable:
1. A brief description of the proposal including the number of inclusionary 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: building footprints, driveway and parking
layout, building elevations, existing contours and proposed grading; and
4. . . A letter identifying what specific 1 , . . m offsets and/or adjustments are being requested of the City. Justification for each inee&ve
request should also be included.
BB. Within thirty days of receipt of the preliminary application by the Planning Director for
projects not requesting 3 offsets or incentive adjllstments or ninety days for projects . . requesting fi offsets or incentive adjustments the department shall provide to an
applicant/developer, a letter which identifies project issues of concern, the fi offsets
and incentive a@ustments that the @HW& Community Development Director can support when making a
recommendation to the final decision-making authority, and the procedures for compliance with this chapter. The
applicant shall also be provided with a copy of this chapter and related policies, the pertinent sections of the California
Codes to which reference is made in this chapter and all required application forms.
21.85.M8140. hehwkw&Affordable Housing Aweement as a Condition of Development.
This chapter requires the following:
@A. -Developers, subject to this chapter, shall demonstrate compliance with this
chapter by,t.P executing an Affordable Housing Agreement prepared k-a-&~
18
m by the City Housing and Redevelopment Director and submitted to the Developer for execution. +I+&&
. Agreements which conform to the requirements of this section and which do not involve requests for offsets and/or
incentives, *other than those permitted by right, if any, shall be reviewed by the T
f Affordable Housing
Policy Team and approved by the Community Development Director or his designee v. Agreements
which involve requests for offsets and/or incentives, other than those permitted by right, shall require the
recommendation of the Housing Commission and action by the Ctty Council as the final decision-maker. Following
the approval and &@+ng execution by all parties the eomple& Affordable 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 subsequently recorded as a separate deed restriction e&hose or
regulatory agreement on the affoordable project individual lots or units of property which are designated for the
location of affordable units. The approval and dxecutzon of the Affoordable Housing Agreement shall take
place prior to final map approval and shall be recorded upon final map recorakuion or, where a map is not being
processed, prior to the issuance of building permits for such lots-or /units. The AfforaMZe Housing Agreement may
require that more specific project and/or unit restrictions be recorded at a future time. The Affordable Housing
Agreement, shall be bind* all future owners and successors in interest for the term of years specified therein.
B. An Affordable Housing Agreement, for which the inclusionary housing requirement will be
satisfied through the new construction of inclusionary units, either onsite or offsite, w
v shall establish, but not be limited to, the following:
1. ’ The number of inclusionary dwelling units proposed, with speciJc calculations
detailing the application of any incentive adjlcstment credit;
2. The unit size@ (square footage\, and the number of - . bedrooms w
3. The proposed location of the inclusionary units;
4. . . . . - Amenities and
services provided, such as day-care, after school programs, transportation, job training/employment services and
recreation;
5. Level and tenure of aflordability for inclusionary units;
(5j6. Schedule for production of dwelling units;
@7. 1 Approved Offsets provided by the City;+
. . . . e8. Where applicable, 3
leasing and management plans; financial assistance/loan documents; resale agreements; and monitoring and
compliance plans;
ew* . . . . . Where applicable, e of &Me
v identification of the affootdable housing Developer and agreements specifying their role and
reiktionship to the project; and
f% 10: Upon request of the Community Development Director, ident$cation of all sources
and uses of funds for construction and permanent financing, including profotma financial statements, and
evidence of afinn commitment from the sources when available.
19
C. An Affordable Housing Agreement, for which the inclusionary housing requirement will be
satisfied through payment to the City of any in-lieu contributions other than fee monies, *such as land dedication+,
shall v include the method of determination, schedule and value of total in-lieu contributions.
D. An Affordable Housing Agreement will not be required for projects which will be satisfying . . their inclusionary housing requirement through payment to the City of an in-lieu fee v
fee.
21.85145 Aareement Ptocessinn Fee.
The City Council may establish by resolution, fees to be paid by the Developer at the time of preliminary
project application to defray the City’s cost of preparing and/or reviewing all inclusionary housing agreements.
. . --
. . e: s
20
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21.85150. Agreement/Amendments.
Any amendment to an Affordable Housing Agreement shall be processed in the same manner as an original
application for approval, except as authorized in Section 21.85.035(B). Amendments to AfforaMle Housing
agreements initially approved prior to the effective date of this ordinance shah be entitled to consideration under the
ordinance provisions superseded by this ordinance.
21.85155. Exoiration of A ffotdabilitv Tenure.
The City or its designee shall have a one-time first right of refisal to purchase any project containing
afsordable units offered for sale at the end of the minimum tenure of affordability for rental projects. The first
right of refusal to purchase the rental project shall be submuted in writing to the Housing and Redevelopment
Director. Within ninety days of its receipt, the City shall indicate its intent to exercise the first right of reftlsal for
the purpose of providing affordable housing.
21.85.160. Pre-existing Aumovals.
Any residential developments for which a Site Development Plan for the affordable housing component of
the development was approved prior to the effective date of this ordinance shall be subject to the Ordinance in effect
at the time of the approval.
21.85170. Enforcement.
Enforcement provisions are as follows:
A. The provisions of this chapter shall apply to all Developers and their agents, successors and
assigns of a Developer proposing a residential development governed by this chapter. No building permit or
occupancy permit shall be issued, nor any entitlement granted, for a project which is not exempt and does not meet
the requirements of this chapter. AU inclusionary units shall be rented or owned in accordance with this chapter.
B. The City may institute any approptiate legal actions or proceedings necessary to ensure
compliance with this chapter, including but not limited to actions to revoke, deny or suspend any permit or
development approval.
c. Any individual who seUs or rents a restricted unit in violation of the provisions of this
chapter shall be required to forfeit all monetary amounts so obtained. Such amounts shall be added to the City’s
Housing Trust Fund.
21
21.85.180. Savings Clause.
AU code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are
repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions
relating to the same subject matter shall be construed as restatements and continuations thereof and not as new
enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the
effective date of this ordinance, under any chapter, ordinance, or part of an ordinance hereby otherwise repealed,
all provisions of such chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the
purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right,
liability or appeal.
21.85.2W190. SeDarabilitv of Provisions.
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.
22
Exhibit No. 4
To be inserted at a later date
EXJBBIT 6
The City of CARLSBAD Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. 0 5
P.C. AGENDA OF: January 19,200O
Application complete date: N/A
Housing & Redevelopment Staff: Craig Ruiz
Proiect Planner Scott Donnell
SUBJECT: ZCA 99-OSILCPA 99-06 - INCLUSIONARY HOUSING ORDINANCE
AMENDMENT - Request for a Zone Code Amendment and a Local Coastal
Program Amendment to amend Chapter 21.85 of the Municipal Code regarding
inclusionary housing requirements.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4708
RECOMMENDING APPROVAL of the Negative Declaration and Planning Commission
Resolutions No. 4709 and 4710 ,JZECOMMENDING APPROVAL of ZCA 99-08 and LCPA
* 99-06 based upon the findings contained therein.
II. INTRODUCTION
Proposed are amendments to the Zoning Ordinance and Local Coastal Program to revise
inclusionary housing requiremenrs, or the standards by which new residential development must
provide housin g affordable to lower income households. Staff recommends approval of the
proposed changes as they are consistent with the General Plan and Local Coastal Program. .
III. BACKGROUND
In 1993, the Inclusionary Housing Ordinance became effective to implement the City of
Carlsbad’s Inclusionary Housing Program. The City’s Inclusionary Housing Program requires
that 15 percent of all residential units developed within Carlsbad be affordable to lower income
households, specifically to those households with gross household incomes equal to or less than ’
80% of the San Diego County Area Median Income (AMI).
In implementing the Inclusionary Housing Ordinance over the past six years, staff has discovered
that with regard to some aspects of the Ordinance the proposed revision would facilitate the
practical implementation of the Inclusionary Housing Program. Secondly, a Housing Element
Self-Certification Pilot Program was recently established for San Diego County. The Carlsbad
City Council h as authorized staff to proceed with efforts to qualify for self-certification during
the next Housing Element cycle (2004-2009). Revisions to the Inclusionary Housing Ordinance
will assist in the City’s effort to qualify for self-certification since the revisions parallel self-
certification policies. Finally, some alternatives for providing affordable housing, such as
Second Dwelling Units, have been the subject of much debate and require resolution through
revisions to the Inclusionary Housing Ordinance.
ZCA 99-08/LCPA 99-06 - INCLUSIONARY HOUSING ORDINANCE AMENDMENT
January 19,200O
IV. ANALYSIS
On August 12, 1999, the Housing Commission reviewed the proposed revisions to the
Inclusionary Housing Ordinance as recommended by staff. The information below discusses in
detail the primary proposed revisions to the Ordinance as recommended by the Housing
Commission. The remaining changes are primarily administrative in nature or delete repetitive
sections of the existing ordinance. A copy of the Legislative Draft of the proposed Zone Code
Amendment, highlighting the proposed revisions, is attached as Attachment A.
Definition Additions/Revisions:
Extremely Low Income - Under the existing Housing Element Regional Share Allocation system,
the City is required to provide affordable housing in four income categories. These categories
include very low, low, moderate, and above moderate income. Under the new Housing Element
Self-Certification Program requirements are established for the income categories of extremely
low, very low, and low income households, Because the current Inclusionary Housing
Ordinance does not contain a definition for exfremeZy low income, a definition has been proposed
for addition. Extremely low income is defined by a household whose annual income is 30% of
the Area‘Median Income (AMI) or below.
Low Income Rent - A monthly rental rate affordable to low income households is currently
defined as 1/12th of 30% of 80% of AMI. When the Inclusionary Housing Ordinance was
originally adopted, the City decided to set the low income rental rate at the subject level (30% of
80%) because it was the maximum acceptable to obtain credit for producing a low income
affordable housing unit. With over six years of experience in implementing the Inclusionary
Housing Ordinance, the City has discovered that the acceptable affordable rents (at 80%) are
often equal to, and sometimes higher than, market rents within the community. In order to ensure
that the Inclusionary Housing Ordinance is actually providing a unit which is more affordable to
low income households, staff is proposing to define Low Income Rent as 1/12th of 30%,of 70%
of AMI. For a two bedroom unit, this would reduce the current maximum affordable rent from
. S1,050 to $919. It should be noted that the new affordability level applies to rentals only. The
affordability level for a for-sale product shall remain at the original 80%.
Offsets and Incentives - The Inclusionary Housing Ordinance in effect at this time uses the terms
“offsets” and “incentives” interchangeably. In the new Ordinance, staff proposes to more
differentiate the two terms. C’ffsets are to be defined as direct ‘financial incentives, density
increases, standards modifications, and/or other financial, land use or regulatory concessions.
1)qnrive.s are to be defined as an actual reduction in the inclusionary housing requirement in
return for the provision of certain preferred types of affordable housing or related amenities as
determined appropriate, and approved, by the City Council: For example, if a developer agrees
to produce housing units which all have 3 bedrooms or more and/or are affordable to households
at 50% of the AMI, they may be eligible to reduce their inclusionary housing requirement from
15% to 10%. This would be a negotiated agreement based on the needs and/or desires of the City
of Carlsbad as related to affordable housing. The reason for this consideration is related to the
new Housing Self-Certification Program and the fact that it allows the City to receive additional
credit for certain types of housing or lower level of affordability. The City would pass that credit
on to the developer as deemed appropriate by the City Council.
ZCA 99-08/LCPA 99-06 - INCLUSIONARY HOUSING ORDINANCE AMENDMENT
January 19,200O
Page 3
htdicabilitv of Provisions:
Construction Requirement - Today, all projects which propose seven or more units are required
to ensure that 15 percent of the units constructed (rental or for-sale) are affordable to low income
households. This means that some projects have a very small requirement (e.g. 1 to 10 units).
Small affordable housing projects are difficult to finance. To date, these smaller requirements
have been met through the provision of second dwelling units (under the existing ordinance
requirements), or through the purchase of housing credits fi-om the Villa Loma Affordable
Apartment project (as permitted). Currently, only those projects located in the southeast or
southwest quadrant of the City are allowed to purchase housing credits from the Villa Loma
Project. Typically, projects with a requirement of 10 affordable units or less have had their
requests to purchase housing credits in Villa Loma approved by the City Council with little
discussion.
There are no qualified combined projects with excess affordable units in the northern half of the
City. Therefore, projects in the northeast or northwest quadrants of the City do not have an
option to purchase housing credits. They must build units. Typically, these developers or
property owners have chosen to construct second dwelling units.
Over the past year or more, both the Planning and Housing Commissions have expressed concern
about the use of second dwelling units to meet the requirements under the Inclusionary Housing
Ordinance. The concern has been that the units are not required to remain available as a rental
unit on the open market and that there are no income qualifications for the person’s living within
the unit. Because of the concerns expressed by the’iwo Commissions and the reality that there are
few other options for projects with small affordable housing requirements, staff proposed, and
the Housing Commission concurred, that the requirement to actually produce units be increased
to a higher level. The Housing Commission is recommending that the Inclusionary Housing
Ordinance be modified to require the construction of affordable housing units only when the size
of the total housing project is more than 50 units. If the housing project is 50 units or less, which
means that the affordable housing requirement will be 7 units or less, the developer/property
owner will have the option of paying the Housing In-Lieu Fee. Staff anticipates that this will
result in fewer Second Dwelling Units. However, if second dwelling units continue to be
proposed to meet an Inclusionary Housing Requirement, then they will need to meet the new
restrictions set forth below.
Secofld Dwefliilg Units - As mentioned above, under existing policy, a Second Dwelling Unit is not
required to be rented and the tenants do not need to meet maximum income requirements. Simply
stated, if the unit is rented, existing policy only requires the unit be rented at a rate affordable to
lower income households (102th of 30% of 80% of AMI). The reason for this policy is primarily
related to enforcement. It would be extremely difficult to effectively monitor the operations of
individual homeowners as related to the rental of second dwelling units. Therefore, the City took
the policy position that second dwelling units are affordable simply by the fact that they are small
(less than 640 square feet), and they meet an affordable housing need for elderly parents, domestic
help, college students, etc.
Due to recent concerns raised by the Housing and Planning Commissions and the fact that the City
Council has already made the decision to participate in the program to qualify for Housing Element
bq
ZCA 99-08/LCPA 99-06 - INCLUSIONARY HOUSING ORDINANCE AMENDMENT ’
January 19,200O
Self-Certification, staff proposed changes to the Inclusionary Housing Ordintitie which would
revise the policy pgsition on the use of second dwelling units to meet the City’s affordable housing
requirements. Under the Housing Element Self-Certification requirements, second dwelling units
count only if the units are rented at an affordable housing cost to a low income household. This
means that the tenants must be income-qualified.
Because there may remain situations where the only practical option for meeting the Inclusionary
Housing requirement is through the provision of second dwelling units, the Housing Commission is
recommending that second dwelling units still be permitted to satisfy the requirements of the
Inclusionary Housing Ordinance. With the proposed revision, however, if second dwelling units
are used to satisfy the requirements of the Inclusionary Housing Ordinance, they must be rented at
an affordable rate to a low income qualified tenant.
Affordable Housinv Standards: : :
Affordable Tenure - Under Housing Element Self-Certification, greater credit is earned when
projects have a regulatory requirement which maximizes the term of affordability. The greatest
credit is earned for projects which are restricted for 55-years or longer. Projects developed under
the current ordinance state that projects will be affordable for a minimum of 30 years, qr for the
useful life of the project. In practice, all projects have been deemed to have a useful life of 55
years and have been so restricted. The proposed revisions to the Ordinance will change the
standard to reflect the current practice of restricting units for a 55-year period.
Maximum Affordable Rent within a Mixed Income Project- As stated above, at the current rental
standard for low income households (1112th of 30% of SO%), the rent for a low income
affordable unit may be equal to or greater than the market rate rent for a comparable unit. Staff
has proposed that the rental standard for a low income affordable unit be reduced to 1/12th of
30% of 70% of the AMI. Staff is also proposing that within a mixed income rental project, the
maximum affordable rent be further restricted to require that the rental rate be the lesser of
1112th of 30% of 70% or 90% of the market rate rent for a comparable unit within the project.
Incentive Credit’.
As mentioned above, as an incentive to assist the City in providing more desirable types of
housing, developers may receive additional credit (more than one unit) for each unit of more
desirable housing, thereby reducing the total inclusionary housing requirement. For example, if a
developer proposes to provide units affordable to extremely low income households, they may be
eligible to receive additional credit for those units.
Alternative to Construction
Under the current housing element system, the City only receives credit for new construction of
affordable units. Under the new Housing Element Self-Certification Program, a,. variety of
housing types now receive credit. “Examples include acquisition and rehabilitation of existing
units, conversion of existing market rate units to affordable units, construction of special needs
housing or programs (shelters, transitional housing, etc.), or contributions to a special needs
housing project or program. The Housing Commission is proposing that, at the discretion of the
Ciry Council. such alternatives to new construction may be approved to satisfy an Inclusionary
ZCA 99-08/LCPA 99-06 - INCLUSIONARY HOUSING ORDINANCE AMENDMENT
January 19,200O
Housing requirement where the proposed alternative supports specific Housing Element policies
and .goals, and assists the City in meeting its housing requirements. Alternatives would only be
acceptable if new construction is infeasible or presents an unreasonable hardship.
Additional Considerations
The City’s density bonus ordinance states that the City has the first right of refusal to purchase
housing projects that were developed under the ordinance once their affordability tenure expires.
It is the Housing Commission’s recommendation that similar language be included in the
Inclusionary Housing Ordinance for affordable rental projects. In general, 90 days prior to the
expiration of the affordability tenure, the property owner would offer the Housing and
Redevelopment- Director the opportunity to purchase the property. The City, or its designee,
would then have 90 days to act upon the offer.
Consistencv with the General Plan
The proposed zone code amendment is consistent with the applicable goals and policies of the
General Plan. Proposed changes implement Goal 2 of the Housing Element, which seeks “new
housing ‘developed with a diversity of types, prices, tenures, densities and locations and in
sufficient quantity to meet the demand of anticipated City and regional growth.” The revisions
also are consistent with Housing Element provisions requiring an inclusionary housing program.
Moreover, the proposed allowance of alternatives to construction of affordable units as a way to
meet inclusionary requirements - such as the rehabilitation and acquisition of existing units and
construction of shelters - facilitates several Housing Element objectives, policies, and programs.
Finally, the amendment complies with the Land Use Element’s residential goal of providing for “ . . . a variety of housing types and density ranges to meet the diverse economic and social
requirement of residents: . . ”
Currently, Carlsbad is updating its Housing Element, a process subject to state certification.
Recently, a pilot program to enable jurisdictions to self-certify their Housing Elements was
. established for San Diego County. The Carlsbad City Council has authorized staff to proceed
with efforts to qualify for self-certification during the next Housing Element cycle (20042009).
Proposed revisions to the Inclusionary Housing Ordinance will assist the City in its effort to
qualify for self-certification since the revisions parallel self-certification policies. These
revisions are consistent with both the current and draft Housing Elements.
Consistence with the Local Coastal Program
The Carlsbad Local Coastal Program (LCP) consists partly of local land use regulations that
include the Zoning Ordinance. The area subject to the LCP is commonly referred to as the
“coastal zone.” Because the project amends the Zoning Ordinance and affects residential
development in the coastal zone, it requires a Local Coastal Program Amendment, or LCPA.
LCPAs, following City Council action, also require Coastal Commission approval to become
effective.
The coastal zone is divided into six geographic segments. Staff has found the proposed revisions
to inclusionaxy requirements are consistent with and will not change the regulations that guide
development and protect the coastal environment. These regulations deal largely with public
ZCA 99-08/LCPA 99-06 - INCLUSIONARY HOUSING ORDINANCE AMENDMENT
January 19,200O
services and access, agriculture, erosion control, and natural resource protection.
V. ENVIRONMENTAL REVIEW
The Planning Department has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a
Negative Declaration (declaration that the project will not have a significant effect on the
environment) was issued for the subject project by the Planning Director on October 28, 1999,
and made available for public review. No comments were received on the environmental
document.
ATTACHMENTS:
1.
2.
3.
4.
Planning Commission Resolution No. 4708 (ND)
Planning Commission Resolution No. 4709 (ZCA)
Planning Commission Resolution No. 47 10 (LCPA)
Attachment A - Legislative Draft of the proposed Zone Code Amendment highlighting
the proposed revisions
SD:cs:mh
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2s
PLANNING COMMISSION RESOLUTION NO. 4708
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A NEGATIVE DECLARATION OF A ZONE
CODE AMENDMENT AND LOCAL COASTAL PROGRAM
AMENDMENT TO TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE THAT REPEAL AND REENACT
CHAPTER 21.85 REGARDING AFFORDABLE HOUSING
UNITS FOR LOWER-INCOME HOUSEHOLDS’ AND IN-LIEU
FEES.
CASE NAME: INCLUSIONARY HOUSING ORDINANCE
AMENDMENT
CASE NO.: ZCA 99-08/LCPA 99-06
WHEREAS, the Planning Commission has recommended approval of an
amendment to Title 21 of the Carlsbad Municipal Code that repeals and reenacts Chapter 21.85
regarding affordable housing units for lower-income households and in-lieu fees;’ and
WHEREAS, a Negative Declaration was prepared in conjunction with said L
amendment; and
WHEREAS, the Planning Commission did on the 19th day of January, 2000,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearin, 0 and considering all testimony
and arguments, examining ‘the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Negative Declaration:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of the Negative Declaration
according to Exhibit “ND” dated October 28, 1999, and “PII” dated October 21,
1999, attached hereto and made a part hereof, based on the following findings:
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Findings:
1. The Planning Commission of the City of Carlsbad does hereby find:
A. it has reviewed, analyzed and considered Negative Declaration ZCA 99-08 and
LCPA 99-06, the environmental impacts therein identified for this project and
any comments thereon prior to RECOMMENDING APPROVAL of the project;
and
B. the Negative Declaration has been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
C. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
D. based on the EL4 Part II and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of January, 2000, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
Planning Director
PC RESO NO. 4708 -2- *
City o’f Carlsbad.
NEGATIVE DECLARATION
Project Address/Location: The project applies to the’entire City of Carlsbad
Project Description: An amendment to Zoning Ordinance Chapter 21.85, the
“Inclusionary Housing Ordinance,” and the Local Coastal
Program. The existing Ordinance requires residential projects to
either construct housing affordable to lower-income households or
pay fees in-lieu of construction. The proposed changes would,
among other things, change the threshold at which affordable
housing must be constructed, allow alternatives to construction in
certain circumstances, add “extremely low income” as an income
category, and provide incentive credits for developers to assist the
City in meeting its affordable housing needs.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a
Negative Declaration (declaration that the project will not have a significant impact on the
environment) is hereby issued for the subject project. Justification for this action is on file in the
Planning Department.
.A copy of the Negative Declaration with supportive documents is on fi,le in the Planning
Department. 2073 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are
invited. Please submit comments in writing to the Planning Department within 20 days of date
of issuance. If you have any questions, please call Scott. Donnell in the Planning Department at
(760) 338-I 161, extension 4457.
DATED:
C.4SE X0:
C.4SE N.4ME:
PLrBLISH DATE:
October 28, 1999
ZCA 99-08/LCPA 99-06
Inclusionary Housing Ordinance Amendment
October 28, 1999
Planning Director
2075 Las Palmas Dr. l Carlsbad. CA 92009-15?6 - (760) 438-1161 - FAX (760) 438-0894
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: ZCA99-08. LCPA 99-06
DATE: October 2 1. 1999
BACKGROUND
1. CASE NAME: Inclusionaxv Housing Ordinance Amendment - ZCA 99-08
2. APPLICANT: Citv of Carlsbad Redevelopment and Housinp Deuartment (Debbie Fountain,
3. ADDRESS AND ,PHONE NUMBER OF APPLICANT: 2965 Roosevelt Street. Suite B,
Calrsbad. CA 92008 / (760) 434-2935
4. DATE.EIA FORM PART I SUBMITTED: N/A - Citv proiect
5. PROJECT DESCRIPTION: Proposed amendment to Zoning Ordinance Chapter 21.85, the
“Inclusionary Housing Ordinance,” and the Local Coastal Program. The existing Ordinance
requires residential projects to either construct housing affordable to lower-income households
or pay fees in-lieu of construction. The proposed changes would, among other things, change the
threshold at which affordable housing must be constructed, allow alternatives to construction.
add “extremely low income” as an income category, and provide incentive credits for developers
to assist the City in meeting its affordable housing needs.
SUMMARY OF ENVIRONMENTAL. FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact
Unless Mitigation Incorporated” as indicated by the checklist on the following pages.
q Land Use and Planning q Transportation/Circulation q Public Services
q Population and Housing q Biological Resources q Utilities & Service Systems
Cl G,eological Problems q Energy & Mineral Resources q Aesthetics
q LVater q Hazards q Cultural Resources
q An Quality. q Noise cl Recreation
q Mandatory Findings of Significance
Rev. 03/28/96
DETERMINATION.
(To be completed by the Lead Agency)
•l
q
cl
q
q
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A NEGATIVE.
DECLARATION (Neg Dee) will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT (EIR.) is required.
I find that the proposed project MAY have significant effect(s) on the environment, but at
least one potentially significant effect 1) has been adequately analyzed *in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An EIR/Neg Dee
is required; but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EWNeg Dee pursuant
to applicable standards and (b) have been avoided or mitigated pursuant to that earlier
EIR/Neg Dee, including revisions or mitigation measures that are imposed upon the
proposed project. Therefore, a Notice of Prior Compliance has been prepared.
Planner’s Signature
! uy--/ /
Date i’
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Planning DirectTs Sigk& ure Date
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City
conduct an Environmental Impact Assessment to determine if a project may have a significant
effect on the environment. The Environmental Impact Assessment appears in the following
pages in the form of a checklist. This checklist identifies any physical, biological and human
factors that might be impacted by the proposed project and provides the City with information to
use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative
Deciaration, or to rely on a previously approved EIR or Negative Declaration.
l A brief explanation is required for all answers except “No Impact” answers that are
adequately supported by an information source cited in the parentheses following each
question. A “No Impact” answer is adequately supported if the referenced information
sources show that the impact simply does not apply to projects like the one involved. A
“No Impact” answer should be explained when there is no source document to refer to, or
it is based on project-specific factors as well as general standards.
0 “Less Than Significant Impact” applies where there is supporting evidence that the
potential impact is not adversely significant, and the impact does not exceed adopted
general standards and policies.
l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation
of mitigation measures has reduced an effect from “Potentially Significant Impact” to a
“Less Than Significant Impact.” The developer must agree to the mitigation, and the
City must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level.
. “Potentially Significant Impact” is appropriate if there is substantial evidence that an
effect is significant.
. Based on an “EIA-Part II”, if a proposed project could have a potentially significant
effect on the environment, but _all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or Mit.igated Negative Declaration pursuant to applicable
standards and (b) have been.avoided or mitigated pursuant to that earlier EIR or Mitigated
Negative Declaration, including. revisions or mitigation measures that are imposed upon
the proposed project, and none of the circumstances requiring a supplement to or
supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this. project, then no additional
environmental document is required (Prior Compliance).
. When “Potentially Significant Impact” is checked the project is not necessarily required
to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be mitigated, or a “Statement of
Overriding Considerations” has been made pursuant to that earlier EIR.
. A Negative Declaration may be prepared if the City perceives no substantial evidence that
the project or any of its aspects may cause a significant effect on the environment.
3 Rev. 03128f96
l If there are one or more potentially significant effects, the City may avoid preparing an
EIR if there are mitigation measures to clearly reduce impacts to less than significant, and
those mitigation measures are agreed to by the developer prior to public review. In this
case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated”
may be checked and a Mitigated Negative Declaration may be prepared.
0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including
but not limited to the following circumstances: (1) the potentially significant effect has
not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and
the developer does not agree to mitigation measures that reduce the impact to less than
significant; (2) a “Statement of Overriding Considerations” for the significant impact has
not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce
the impact to less than significant, or; (4) through the EIA-Part II analysis it is not
possible to determine the level of significance for a potentially adverse effect, or
determine the effectiveness of a mitigation measure in reducing a potentially significant
effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the
form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention
should be given to discussing mitigation for impacts which would otherwise be determined
significant.
79 Re\, 07 ‘2X ‘90
Issues (and Supporting Information Sources).
I. LAND USE AND PLANNING. Would me proposal:.
a) Conflict with general plan designation or zoning?
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over
the project?
c) Be incompatible with existing land use in the
vicinity?
d) Affect agricultural resources or operations (e.g.
impacts to soils or farmlands, or impacts from
incompatible land uses?
e) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)?
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections?
b) Induce substantial growth in an area either directly
’ or indirectly (e.g. through projects in an
undeveloped area or extension of major
inf?astrucmre)?
c) Displace existing housing, especially affordable
housing?
III. GEOLOGIC PROBLEMS. Would the proposal result
in or expose people to potential impacts involving:
a)
b)
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d)
e)
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9)
h)
i)
Fault rupture?
Seismic ground shaking?
Seismic ground failure, including liquefaction?
Seiche. tsunami, or volcanic hazard?
Landslides or mudflows?
Erosion. changes in topography or unstable soil
conditions from excavation, grading, or fill?
Subsidence of the land?
Expansive soils?
Unique geologic or physical features?
11.. WATER. Would’the proposal result in:
a) Changes in absorption rates, drainage patterns, or
the rate and amount of surface runoff?
b) Exposure of people or property to water related
hazards such as flooding?
c) Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)?
d) Changes in the amount of surface water in any
water body?
e) Changes in currents, or the course or direction of
water movements?
Potentially
Significant
Impact
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Issues (and Supporting Information Sources).
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Changes in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial ioss of groundwater recharge
capability?
Altered direction or rate of flow of g-roundwater?
Impacts to groundwater quality?
Substantial reduction in the amount of
groundwater otherwise available for public water
supplies?
\‘. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation?.
b) Expose sensitive receptors to polluta&?
c) Alter air movement, moisture, or temperature, or
cause any change in climate?
d) Create objectionable odors?
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
a) Increased vehicle trips or traffic congestion?
b) Hazards to safety from design features (e.g. sharp
curves or dangerous intersectibns) or incompatible
uses (e.g. farm equipment)?
c) Inadequate emergency access or access to neaiby
uses?
d) Insufficient parking capacity on-site or off-site?
e ) Hazards or barriers for pedestrians or bicyclists?
f) Conflicts with adopted policies supporting
alternative transportation (e.g. bus turnouts,
bicycle racks)?
s) Rail. waterborne or air traffic impacts?
1’11 . BIOLOGICAL RESOURCES. Would the proposal
,. result in impacts to:
a) Endangered, threatened or rare species or their
habitars (including but not limited to plants, fish,
insects. animals, and birds?
b) Locally designated species (e.g. heritage trees)?
c) Locally designated natural communities (e.g. oak
forest. coastal habitat, etc.)?
d) Wetland habitat (e.g. marsh, riparian and vernal
pool)‘?
e I Wildlife dispersal or migration corridors?
i.111. ENERG)’ AND MINERAL RESOURCES. Would the
proposal?
a) Conflict with adopted energy conservation plans?
Potentially Significant
Impact
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Impact
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Rev. 03 ‘ZS’96 81
Issues (and Supporting Information Sources). Potentially Significant
Impact
b) Use non-renewable resources in a wasteful and
mefficient manner? q :
c) Result in the loss of availability of a known
mineral resource that would be of future value to q
the region and the residents of the State?
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of
hazardous substances (including, but not limited
to: oil, pesticides, chemicals or radiation)?
b) Possible interference with an emergency response.
plan or emergency evacuation plan?
c) The creation of any health hazard or potential
health hazards?
d) Exposure of people to existing sources of potential
health hazards?
e) Increase fne hazard in areas with flammable brush,
grass, or trees?
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X. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to severe noise levels? q q
XI.
X11.
PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection?
b) Police protection?
c) Schools?
d) Maintenance of public facilities, including roads?
e) Other governmental services?
UTILITIES ‘AND SERVICES SYSTEMS. Would the
proposal result in a need for.new systems or supplies.
or substantial alterations to the following utilities:
a) Power or natural gas? q b) Communications systems’? q c) Local or regional water treatment or distribution
facilities?
d) Sewer or septic tanks?
e) Storm water drainage?
f) Solid waste disposal?
s) Local or regional water supplies?
q
q q q q
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XIII. AESTHETICS. Would the proposal:
a~ Affect a scenic or vista or scemc highway? . q b) Have a demonstrated negative aesthetic effect? q
Potentially Significant
Unless
Mitigation
Incorporaied
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Less Than Pii0 Significant Impact
Impact
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7 Rev 03 ‘2S’96 $2
Issues (and Supporting Information Sources).
XIV.
XV.
XV.
c) Create light or glare?
CULW RESOURCES. Would the proposal:
4
b)
c)
4
e)
Disturb paleontological resources?
Disturb archaeological resources?
Affect historical resources?
Have the potential to cause a ihysical change
which would affect unique ethnic cultural values?
Restrict existing religious or sacred uses within the
potential impact area?
RECREATIONAL. Would the proposal: .
a) Increase the demand for neighborhood or regional
parks or other recreational facilities?
b) Affkct existing recreational opportunities?
MANDATORY FINDINGS OF SIGNIFICANCE.
4
b)
CJ
Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a fish
or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict
the range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future’projects)?
Does the project have environmental effects which
will cause the substantial adverse effects on human
beings. either directly or indtrectly’?
Potentially
Significant Impact
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XVII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, prosam EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative
declaration. Section 15063(c)(3)@). In this case a discussion should identify the
following on attached sheets:
a> Earlier analyses used. Identify earlier arialyses and state where they are available
for review.
b) Impacts adequately addressed. Identify which effects from the above c&&list
were within the scope of and adequately analyzed in an earlier document pursuant
to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier arktlysis.
c> Mitigation measures. For effects that are “Less than Significant with Mitigation
Incorporated,“ describe the mitigation measures which were incorporated or
refined fi-om the earlier document and the extent to which they address site-
specific conditions for the project.
9 Re\.. Oi.‘ZXi9h EN
DISCUSSION OF ENVIRONMENTAL EVALUATION
PROJECT DESCRIPTION/ENVIRONMENTAL SETTING
The project is an amendment to the Inclusionary Housing Ordinance, Chapter 21.85 of the
Zoning Ordinance, and the Local Coastal Program. The Ordinance, adopted in 1993, added
requirements for residential development to either provide housing affordable to 1ower;income
households (“affordable housing”) or, in certain circumstances, to pay a fee. The Ordinance is
implemented as a Citywide Inclusionary Housing Program. A Negative Declaration Lvith no
mitigation measures was adopted for the existing ordinance.
A summary of the amendment follows:
1.
3 -.
3.
4.
5.
6.
7.
S.
9.
Making various, minor “housekeeping” revisions;
Adding and revising definitions, including “extremely low income” as a new class of
affordable housing and household;
Increasing the threshold, expressed as a certain number of proposed units, at which a
project must construct affordable housing;
Decreasing the rental standard for a low income affordable unit;
Establishing a specific term during which a unit must remain affordable;
Providing other means besides new construction (e.g., conversion of market rate to
affordable units) as a way to meet affordable housing requirements in certain
circumstances;
Offering developer incentives to provide, for example, specific kinds of affordable
housing in exchange for a reduced total inclusionary housing requirement;
Allowing the City first right of refusal to purchase affordable rental projects upon
expiration of their affordability tenure, and;
Bringing the ordinance into conformance with the regionally-adopted guidelines for
housing element self certification pursuant to California Government Code Section
65585.1. ’
Staff has determined the proposed project could not have a significant effect on the environment
and has therfore prepared a negative declaration. ‘No mitigation measures are required.
. Specifically. the environmental analysis performed by staff resulted in this determination for the
following reasons:
I.
-I -.
3.
1.
The amendment is not associated with any specific development project and does not
propose any development;
The amendment does not affect: any General Plan or zoning designation, allowable
densities or land uses, or any environmental plan;
The amendment does not directly or indirectly result in any significant physical,
biological, or human environmental impacts, and;
The amendment does not conflict with or affect any.of the 14 environmental factors (i.e.,
Land Use and Planning, Population and Housing) as listed in this Environmental impact
Assessment Form and as discussed in the related section below.
Xdditionally. any future residential development processed pursuant to the Inclusionary Housing
Ordinance as proposed for amendment shall be required to undergo separate and detailed
en~~ironmental review..
10 Rtf\ 0?‘_7S’9(, 85
DISCUSSION OF IMPACTS TO ENVIRONMENTAL FACTORS
1. Land Use and Planning - The amendment will not conflict with any general plan or
zoning designation because it does not affect density, allowed land uses, or the intent and
purpose of those designations. It will assist in implementing the General Plan Housing
Element by requiring residential development projects to provide or contribute to
affordable housing. As the amendment proposes no development and is not site specific,
questions regarding the amendment’s impact to existing land uses, agricultural resources
or operations, and the physical arrangement of an established community are
inapplicable.
3 -. Population and Housing - Since it does not propose any ‘development or affect
allowable land uses or densities, the amendment will not affect any population
projections, induce substantial growth, or displace any existing housing. Conversely, the
lnclusionary Housing Ordinance and the amendment require and offer incentives to new
development to provide affordable housing.
3. Geologic Problems - The amendment changes regulations that affect development on a
citywide basis. It does not relate to any particular development project or site or geologic
condition. There are no geologic problems associated with this amendment; such would
be analyzed as part of the environmental review of a proposed development project.
4. Water - The amendment affects citywide inclusionary housing requirements. As no site-
specific project nor changes to standards or policies regarding water-related issues are
proposed, the proposal will not impact this category.
5. Air Quality - The proposal, in and of itself, will generate no development or land uses,
nor does it impact adopted city standards and policies relating to air quality.
Accordingly, it will not impact this concern.
6. Biological Resources - Since no site-specific project or changes to City standards or
policies affecting plant and animal resources are proposed, there will be no impacts to
biological resources.
7. Energy and Mineral Re’sources - As no site-specific project or changes to City
standards or policies relating to these assets is proposed as part of the changes proposed
to the Inclusionary Housing Ordinance, there will be no impacts to energy and mineral
resources.
8. Hazards - No site-specific project or changes to City standards or policies relating to
natural and man-made hazards or emergency plans are proposed. Therefore, the
amendment will not impact this subject.
9. Noise - The amendment, in and of itself, will not generate development or land uses or
impact adopted city standards and policies relating to noise; accordingly, it will not
impact this concern.
11 Re\, 03 ?R% %6
10.
11.
12.
13.
14.
Public Services - Since no site-specific project or changes to City standards or policies
regarding public services are proposed, there will be no impacts in this category.
Utilities and Service Systems - Since no site-specific project or changes to City
standards or policies affecting utilities and service systems are proposed, there will be no
impacts to such systems.
Aesthetics - As no site-specific project-or changes to City standards or policies relating to
views, aesthetics, or light and glare is proposed as part of the amendment, there will be no impacts to energy and mineral resources.
Cultural Resources - As no site-specific project or changes to City standards or policies
relating to these assets is proposed as part of the amendment, there will be no impacts to
cultural resources.
Recreational - As no site-specific project or changes to City standards or policies
regarding recreational facilities or demand for the same are proposed, there will be no
impact to recreational uses, existing or proposed.
LIST OF MITIGATING MEASURES 0F APPLICABLE\
N/A
ATTACH MITIGATION MONITORING PROGRAM (II-- APPLICABLE)
N/A
APPLICANT CCNCURRENCE WITH MITIGATION MEASURES (IF APPLICABLE)
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND
CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
N’.4 : N/A
Date Signature
12 Rev 03’78’96 I-
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PLANNING COMMISSION RESOLUTION NO. 4709
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO TITLE 21
OF THE CARLSBAD MUNICIPAL CODE THAT REPEALS
REENACTS CHAPTER 21.85 REGARDING
AFFORDABLE HOUSING UNITS FOR LOWER-INCOME * HOUSEHOLDS AND IN-LIEU FEES.
CASE NAME: INCLUSIONARY HOUSING ORDINANCE
AMENDMENT
CASE NO: ZCA 99-08
WHEREAS, the Planning Director has prepared a proposed Zone Code
Amendment pursuant to Section 2152.020 of the Carlsbad Municipal Code to:
Repeal and reenact Chapter 21.85 of the Carlsbad Municipal
Code regarding affordable housing units for lower-income
households; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X” dated, January 19, 2000, and attached hereto INCLUSIONARY
HOUSING ORDINANCE AMENDMENT, ZCA 99-08; and
WHEREAS, the Housing Commission did on the 12th day of August, 1999,
hold a public meeting to consider a recommendation to the Planning Commission and City
Council to amend.Title 21 of the Carlsbad Municipal Code by the repeal and reenactment of
Chapter 21.85 regarding affordable housing units for lower-income households and in-lieu
fees; and
WHEREAS, at said public meeting, upon hearing and considering all testimony,
if any, of all persons desiring to be heard, said Commission considered all factors relating to
the repeal and reenactment of Chapter 21.85, and voted to recommend approval of said
modifications; and
WHEREAS, the Planning Commission did on the J9th day of January, 2000,
hold a duly noticed public hearing as prescribed by law to consider said request; and
I 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 Zone Code Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
811 c on-mission as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of INCLUSIONARY HOUSING
ORDINANCE AMENDMENT, ZCA 99-08, based on the following findings:
FindinPs:
1. That the proposed Zone Code Amendment ZCA 99-08 is consistent with the General
Plan in that it is consistent with the goals and objectives of the City of Carlsbad’s
Housing Element, the Consolidated Plan, and the Carlsbad General Plan.
3 -. That the proposed ZCA reflects sound principles of good planning in that it: (1)
Complies with the General Plan and Local Coastal Program; (2) Consists of logical
and practical revisions based in part on several years of implementing the current
Inclusionary Housing Ordinance; and (3) Seeks to improve the availability, variety
and methods to provide affordable housing and shelter in the City of Carlsbad.
. . .
. . .
. . .
. . .
. . .
. .
.
PC -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 19th day of January, 2000, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
mLLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
Planning Director
PC RESO NO. 4709 -3-
ORDINANCE NO. EXHIBIT %
January 19,200O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD .JvlUN-ICIPAL CODE AND THE LOCAL COASTAL
PROGRAM BY THE REPEAL AND REENACTMENT OF
CHAPTER 21.85 REGARDING AFFORDABLE HOUSING
UNITS FOR LOWER-INCOME HOUSEHOLDS AND IN-LIEU
FEES.
CASE NAME: INCLUSIONARY HOUSING ORDINANCE
AMENDMENT
CASE NO. ZCA 99-08/LCPA 99-06
WHEREAS, Government Code Section 65584(a) requires localities to address the
Regional Share housing needs for persons of all income levels in their General Plan Housing
Elements; and
WHEREAS, based upon its Housing Element, the City of Carlsbad finds that Carlsbad is
experiencing a lack of housing affordable to lower-income households; and
WHEREAS, new residential development which does not include nor contribute toward
housing for lower income households will only serve to aggravate the current affordable housing
shortage and create additional need for affordable lower income housing by reducing the supply
of residential land available for affordable housing development and increasing the population
and the demand for community services businesses staffed by lower wage employees; and
WHEREAS, in 1993, the mandatory Inclusionary Housing Program was implemented
‘within the City’s Housing Element as a viable program available to the City to assist it in
achieving its Housing Element objectives for lower-income units; and
WHEREAS, the City’s Housing Element and this chapter identify programs to provide
technical, financial, and standards flexibility, offsets and incentives, to facilitate inclusionary
housing development;
WHEREAS, on August 12, 1999, the Housing. Commission held a public meeting to
consider a recommendation to the Planning Commission and City Council to amend Title 21 of
1 the C&bad Municipal Code by the repeal and reenactment of Chapter 21.85 regarding
2 affordable housing units for lower-income households and in-lieu fees; and
3 WHEREAS, at said public meeting, upon hearing and considering all testimony, if any,
4 of all persons desiring to be heard, said Commission considered all factors relating to the repeal
5 and reenactment of Chapter 21.85, and voted to recommend approval of said modifications; and
6
WHEREAS, on January 19, 2000, the Planning Commission held a public meeting to
7
8 consider a recommendation to the City Council to amend Title 21 of the Carlsbad Municipal
9 Code by the repeal and reenactment of Chapter 2 1.85 regarding affordable housing units for
10 lower-income househoids and in-lieu fees; and
11 WHEREAS, at said public meeting, upon hearing and considering all testimony, if any,
12 of all persons desiring to be heard, said Commission considered all factors relating to the repeal
13 and reenactment of Chapter 2 1.85.
14 The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended bY the repeal
reenactment of Chapter 2 1.85 to read as follows:
. . .
-2- 42
1 PLANNING COMMISSION RESOLUTION NO. 4710
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO MAKE IT CONSISTENT
WITH THE REPEAL AND REENACTMENT OF ZONING
ORDINANCE CHAPTER 21.85 REGARDING AFFORDABLE
HOUSING UNITS FOR LOWER-INCOME HOUSEHOLDS AND :
IN-LIEU FEES.
CASE NAME: INCLUSIONARY HOUSING ORDINANCE
AMENDMENT
CASE NO: LCPA 96-l 0
0 WHEREAS, the City is repealing and reenacting Chapter 21.85 of Title 21
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(Zoding Ordinance) of the Carlsbad Municipal Code regarding affordable h&sing units
for lower-income households; and
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II WHEREAS, the Zoning Ordinance is the implementing ordinance for the City’s
Local Coastal Program; and
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WHEREAS, California State law requires that the Local Coastal Program and
Zoning Ordinance be in conformance and therefore amendments to the implementing ordinance
also require an amendment to the Local Coastal Program to ensure consistency between the two
documents; and
WHEREAS, : a verified application ‘for an amendment to the Local Coastal
’ Program has been filed with the Planning Department; and
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WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibits “X” dated January 19, 2000, attached to Planning
Commission Resolution No. 4709 and incorporated herein by reference as provided in Public
Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title
14 of the California Code of Regulations of the California Coastal Commission Administrative
28 Regulations; and
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WHEREAS, the Housing Commission did on the 12th day of August, 1999,
hold a public meeting to consider a recommendation to the Planning Commission and City
Council to amend Title 21 of the Carlsbad Municipal Code by the repeal and reenactment
of Chapter 21.85 regarding affordable housing units for lower-income households and in-
lieu fees; and
WHEREAS, at said public meeting, upon hearing and considering all testimony,
if any, of all persons desiring to be heard, said Commission considered all factors relating to
the repeal and reenactment of Chapter 21.85, and voted to recommend approval of said ‘. *.
modifications; and
WHEREAS, the Planning Commission did on the 19th day of January 2000,
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 Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six week public review period for
any amendment to the Local Coastal Program.
‘_ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the.City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starting on December
23, 1999 and ending on February 3, 2000, staff shall present to the City Council
a summary of the comments received.
c>
Findings:
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of INCLUSIONARY HOUSING
ORDINANCE AMENDMENT, LCPA 99-06, based on the following findings:
1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
PC RESO NO. 4710 -2- w
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of the Mello I, Mello II, Agua Hedionda, Redevelopment, East Batiquitos, and West
Batiquitos segments of the Carlsbad Local Coastal Program in that the proposed
amendment is limited in nature in that it will not alter any coastal zone regulations,
land use designations or policies, with which future projects subject to the
inclusionary housing ordinance must.comply.
2. That the proposed amendment to-the segments of the Carlsbad Local Coastal Program is
required to bring them into consistency-with the proposed zone code amendment.
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 19th day of January 2000, by the following
vote, to.wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
Planning Director
PC RESO NO. 4710 -3- 45
EXHIBIT ‘7 da
L&E Ciqf of CaR/sbadHom/* A& REU!!~~~O~M~~VT D!~AwM~v~
A REPORT To TIE Houshc, CoMMissioN
I STaff: Chic, Ruiz
MANAGEMENT ANA~VS-I
ITEM NO. 2
DATE: AUGUST 12,1999
SUBJECT: INCLUSIONARY HOUSING ORDINANCE REVISION -
RECOMMENDATION TO THE CARLSBAD PLANNING COMMISSION AND
CITY COUNCIL TO REVISE THE CITY’S INCLUSIONARY HOUSING
ORDINANCE
I. RECOMMENDATION
That the Housing Commission ADOPT Resolution No. 99-007, recommending to the
Planning Commission and City Council of the City of Carlsbad that Title 21 of the
Carlsbad Municipal Code be amended by the repeal and reenactment of Chapter 21.85
regarding affordable housing units for lower-income households and in-lieu fees.
II. PROJECT BACKGROUND
On May 21, 1999, the adopted Inclusionary Housing Ordinance became effective to
implement the City of Carlsbad’s Inclusionary Housing Program. The City’s
Inclusionary Housing Program requires that 15 percent of all residential units
developed within Carlsbad be affordable to lower income households, specifically to
those household with gross househoId incomes equal to or less than 80% of the San
Diego County Area Median Income (AMI).
In implementing the Inclusionary Housing Ordinance over the past six years, staff has
discovered that there are some aspects of the Ordinance which require revision for
better implementation of the Inclusionary Housing Program. In addition to
implementing difficulties due to some language within the original Ordinance, there
are other reasons for considering revisions to the Ordinance. First, a Housing Element
Self-Certification Pilot Program was recently established for San Diego County. The
Carlsbad City Council has authorized staff to proceed with efforts to qualify for self-
certification during the next Housing Element cycle (1999-2004). Revisions to the
Inclusionary Housing Ordinance are necessary to assist in the City’s effort to qualify
for self-certification. Second, some policies for providing affordable housing, such as
Second Dwelling Units, have been the subject of much debate and require resolution.
Second Dwelling Units and other similar issues can be resolved through revisions to the
Inclusionary Housing Ordinance.
INCLUSIONARY HOUSING ORDINANCE REVISION
AUGUST 12,1999
PAGE 2
III. DISCUSSION
On June 10, 1999, the I-lousing Commission received an informational report which
summarized the key proposed revisions to the Inclusionary Housing Ordinance. The
information below discusses in detail the primary proposed revisions to the Ordinance.
The remaining changes are primarily administrative in nature or delete repetitive
sections of the existing ordinance.
Definition Additions:
Exfremely Lo7u Income - Under the existing Housing Element Regional Share Allocation
system, the City is required to provide affordable housing in four income categories.
These categories include very low, low, moderate, and above moderate income. Under
the new Housing Element Self-Certification Program, requirements are established for
the income categories of extremely low, very low, low and moderate income
households. Because the current Inclusionary Housing Ordinance does not contain a
definition for extremely 1070 income, a definition has been proposed for addition.
Extremely Lozo income is defined as a household whose annual income is 30% of the
Area Median Income (AMI) or below.
Low Income Rent - A monthly rental rate affordable to low income households is
currently defined as l/12* of 30% of 80% of AMI. When the Inclusionary Housing
Ordinance was originally adopted, the City decided to set the low income rental rate at
the subject level (30% of 80%) because it was the maximum acceptable to obtain credit
for producing a low income affordable housing unit. With over six years of experience
in implementing the Inclusionary Housing Ordinance, the City has discovered that the
acceptable affordable rents (at 80%) are often equal to, and sometimes higher than,
market rents within the community. In order to ensure that the Inclusionary Housing
Ordinance is actually providing a unit which is more affordable to low income
households, staff is proposing to define Low Income Rent as 1/12th of 30% of 70% of
AMT. For a two bedroom unit, this would reduce the current maximum affordable rent
from $1,050 to $919. It should be noted that the new affordability level applies to
rentals only. The affordability level for a for-sale product shall remain at the original
80%.
Ofiets and Incentives - The Inclusionary Housing Ordinance in effect at this time uses
the terms “offsets” and “incentives” interchangeably. In the new Ordinance, staff
proposes to more clearly define the two terms. Ofiets are to be defined as direct
financial incentives, density increases, standards modifications, and/or other financial,
land use or regulatory concessions. Incentives are to be defined as an actual reduction
in the inclusionary housing requirement in return for the provision of certain types of
affordable housing or related amenities as determined appropriate, and approved, by
the City Council. For example, if a developer agrees to produce housing units which
all have 3 bedrooms or more and/or are affordable to households at 50% of the AMI,
INCLUSIONARY HOUSING ORDINANCE REVISION
AUGUST 12,1999
PAGE 3
they may be eligible to reduce their inclusionary housing requirement from, 15% to
10%. This would be a negotiated agreement based on the needs and/or desires of the
City of Carlsbad as related to affordable housing. The reason for this consideration is
related to the new Housing Self-Certification Program and the fact that it allows the
City to receive additional credit for certain types of housing or level of affordability.
The City would pass that credit onto the developer as deemed appropriate by the City
Council.
Applicability of Provisions:
Construction Requirement - All projects which propose seven or more units are required
to ensure that 15 percent of the units constructed (rental or for-sale) are affordable to
low income households. This means that some projects will have a very small
requirement (e.g. 1 to 10 units). To date, these smaller requirements have been met
through the provision of second dwelling units (under the existing ordinance
requirements), or through the purchase of housing credits from the Villa Loma
Affordable Apartment project (as permitted). Currently, only those projects located in
the southeast or southwest quadrant are allowed to purchase housing credits from the
Villa Loma Project. Typically, projects with a requirement of 10 affordable units or less
have had their requests to purchase housing credits in Villa Loma approved by the City
Council with little discussion.
Small affordable housing requirements are difficult to finance. Therefore, to date, the
best method for meeting a small affordable housing requirement in the southern
portion of the City is to either provide a second dwelling unit or purchase housing
credits. There are no qualified combined projects with excess affordable units in the
northern half of the City. Therefore, projects in the northeast or northwest quadrants of
the City do not have an option to purchase housing credits. They must build units.
Typically, these developers or property owners have chosen to construct second
dwelling units.
Over the past year or more, both the Planning and Housing Commissions have
expressed concern about the use of second dwelling units to meet the requirements
under the Inclusionary Housing Ordinance. The concern has been that the units are not
required to remain available as a rental unit on the open market and that there are no
income qualifications for the person’s living within the unit. Because of the concerns
expressed by the two Commissions and the reality of the situation that there are few
other options for projects with small affordable housing requirements, staff is
proposing that the requirement to actually produce units be increased to a higher level.
The Housing Policy Staff Team is recommending that the Inclusionary Housing
Ordinance be modified to require the constrtlcfion of affordable housing units only
when the size of the total housing project is 50 units or more. If the housing project is
50 units or less, which means that the affordable housing requirement will be 7 units or
less, the developer/property owner will have the option of paying the Housing In-Lieu
INCLUSIONARY HOUSING ORDINANCE REVISION
AUGUST 12,1999
PAGE 4
Fee. Staff anticipates that this will result in fewer Second Dwelling Units. However, if
second dwelling units continue to be proposed to meet an Inclusionary Housing
Requirement, then they will need to meet the new requirements set forth below.
Second Dwelling Units - As mentioned above, under existing policy, a Second Dwelling
Unit is not required to be rented and the tenants do not need to meet maximum income
requirements. Simply stated, if the unit is rented, existing policy only requires the unit to
be rented at a rate affordable to lower income households (1/12h of 30% of 80% of AMI).
The reason for this policy is primarily related to enforcement. It would be nearly
impossible or extremely difficult to effectively monitor the operations of individual
homeowners as related to the rental of second dwelling units. Therefore, the City took the
policy position that second dwelling units are affordable simply by the fact that they are
small (less than 640 square feet), and they meet an affordable housing need for elderly
parents, domestic help, college students, etc.
Due to recent concerns raised by the Housing and Planning Commissions and the fact
that the City Council has already made the decision to participate in the program to
qualify for Housing Element Self-Certification, staff is proposing changes to the
Inclusionary Housing Ordinance which would revise the policy position on the use of
second dwelling units to meet the City’s affordable housing requirements. Under the
Housing Element Self-Certification requirements, second dwelling units count only if the
units are rented at an affordable housing cost to a low income household. This means that
the tenants must be income qualified.
For discussion purposes, there are actually three policy options which can be considered
by the City as related to second dwelling units. They are summarized below:
1. The City could decide to allow second dwelling units to be used to satisfy the
requirements of the Inclusionary Housing Ordinance under the existing policy, where
income qualification is not a requirement. If the unit is rented, it must be rented at an
affordable rate (at 30% of 70% of AMI, under the proposed revision to the rental rate).
Under this option, the units would not count for self-certification purposes. It would
simply be recognized that the units meet an affordable housing need and the existing
policy would continue.
2. The City could decide to allow second dwelling units to be used to satisfy the
requirements of the Inclusionary Housing Ordinance only if the tenants meet
maximum income qualifications for a low income household and the unit is rented at
an affordable rate (30% of 70% of AMI, under the proposed revision to the rental
rate). Under this option, the units would count for self-certification purposes.
However, it must also be noted that this option will substantially increase the impact
on the City for monitoring and enforcement purposes.
99
INCLUSIONARY HOUSING ORDINANCE REVISION
AUGUST 12,1999
PAGE 5
3. City could decide to not allow second dwelling units to be used, under any
circumstances, to satisfy the requirements of the Inclusionary Housing Ordinance.
Under this option, a developer could exercise his/her right to build second
dwelling units. However, the units could not be used to meet the affordable
housing requirements of the Inclusionary Housing Ordinance.
Because there may remain situ&ions where the only practical option for meeting the
Inclusionary Housing requirements is through the provision of second dwelling units, the
Housing Policy Staff Team has recommended that Option #2 be approved as a revision to
the Inclusionary Housing Ordinance. With the revision, if second dwelling units are used
to satisfy the requirements of the Inclusionary Housing Ordinance, they must be rented
at an affordable rate to a low income qualified tenant.
Affordable Housing Standards
Afirdable Tenure - Under Housing Element Self-Certification, greater credit is earned
when projects have a regulatory requirement which maximizes the term of
affordability. The greatest credit is earned for projects which are restricted for 55-years
or longer. Projects developed under the current ordinance state that projects will be
affordable for a minimum of 30 years, or for the useful life of the project. In practice, all
projects have been deemed to have a useful life of 55 years and have be so restricted.
The proposed revisions to the Ordinance will change the standard to reflect the current
practice of restricting units for a 55-year period.
Maximum Afirdable Rent within a Mixed Income Project- As stated above, at the current
rental standard for low income households (l/12& of 30% of 80%), the rent for a low
income affordable unit may be equal to or greater than the market rate rent for a
comparable unit. Staff has proposed that the rental standard for a low income
affordable unit be reduced to l/12* of 30% of 70% of the AMI. Staff is also proposing
that within a mixed income rental project, the maximum affordable rent be further
restricted to require that the rental rate be the lessor of l/12* of 30% of 70% or 90% of
the market rate rent for a comparable unit within the project.
Incentive Credit
As mentioned above, as an incentive to assist the City in providing more desirable
types of housing, developers may receive additional credit (more than one unit) for
each unit of more desirable housing, thereby reducing the total inclusionary housing
requirement. For example, if a developer proposes to provide units affordable to
extremely low income households, they would be eligible to receive additional credit
for those units.
INCLUSIONARY HOUSING ORDINANCE REVISION
AUGUST 12,1999
PAGE 6
Alternative to Construction
Under the current housing element system, the City only receives credit for new
construction of affordable units. Under the new Housing Element Self-Certification
Program, a variety of housing types now receive credit. Examples include acquisition
and rehabilitation of existing units, conversion of existing market rate units to
affordable units, construction of special needs housing or programs (shelters,
transitional housing, etc.), or contributions to a special needs housing project or
program. Staff is proposing that, at the discretion of the City Council, such alternatives
to new construction may be approved where the proposed alternative supports specific
Housing Element policies and goals, and assists the City in meeting its housing
requirements. Alternatives would only be acceptable if new construction is infeasible
or presents an unreasonable hardship.
Additional Considerations
There is one item that was not considered by staff during its review and revision of the
Ordinance. In the City’s density bonus ordinance, the City has the first right of refusal
to purchase housing projects that were developed under the ordinance once their
affordability tenure expires. It is staff’s recommendation that similar language be
included in the Inclusionary Housing Ordinance for affordable rental projects. In
general, 90 days prior to the expiration of the affordability tenure, the property owner
would provide the Housing and Redevelopment Director with an offer to purchase the
property. The City, or its designee, would then have 90 days to act upon the offer.
IV. RECOMMENDATION
The Inclusionary Housing Ordinance has been in effect for six years. Overall, the
Ordinance has been extremely effective in providing affordable housing opportunities
for low income households. In implementing the Ordinance, some aspects need to be
revised for easier implementation. Also, the City Council has expressed its desire to
work to achieve the goals and requirements of the new Housing Element Self-
Certification Program. Staff believes that the proposed changes will make the
Ordinance easier to implement by the City, easier to understand by the public, and will
be better able to meet the criteria under the new Self-Certification Program. Therefore,
staff is recommending that the Housing Comr-nission take action to recommend
approval of the amended Inclusionary Housing Ordinance to the Planning
Commission and City Council.
INCLUSIONARY HOUSING ORDINANCE REVISION
AUGUST 12,1999
PAGE 7
V.
1.
2.
3.
EXHIBITS
Housing Commission Resolution No. 99-007, recommending repeal and re-enactment of
Chapter 21.85 of the Carlsbad Municipal Code to amend the Inclusionary Housing
Ordinance.
Ordinance for Adoption by City Council for the Zone Code Amendment to Chapter 21.85
of the Carlsbad Municipal Code.
Legislative Draft of Proposed Zone Code Amendment (Chapter 21.85) - Inclusionary
Housing Ordinance.
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,-
HOUSING COMMISSION RESOLUTION NO. 99-007
A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING TO THE
PLANNING COMMISSION AND CITY COUNCIL OF THE CITY
OF CARLSBAD APPROVAL OF AN AMENDMENT TO TITLE 21
OF THE CARLSBAD MUNICIPAL CODE BY THE REPEAL AND
REENACTMENT OF CHAPTER 21.85 REGARDING AFFORDABLE
HOUSING UNITS FOR LOWER-INCOME HOUSEHOLDS AND IN-
LIEU FEES.
APPLICANT: CITY OF CARLSBAD
CASE NO: ZCA 91-06
WHEREAS, Government Code Section 65584(a) requires localities to address the Regional Share
housing needs for persons of all income levels in their General Plan Housing Elements; and
WHEREAS, the City’s Regional Share needs are 2,509 lower-income units out of a projected
6,273 total dwelling units needed over a five year period; and
WHEREAS, based upon its Housing Element, the City of Carlsbad finds that Carlsbad is
experiencing a lack of housing affordable to lower-income households; and
WHEREAS, the City of Carlsbad’s lower-income Fair Share Housing objective (minimum good
faith effort of affordable units) is 1125 low-income units; and
WHEREAS, the City’s Housing Element includes objectives for the provision of 1400 lower-
income units (275 units in excess of the Fair Share requirement); and
WHEREAS, due to economic and market conditions, the private market has not produced in the
past, enough housing units affordable to lower income households to meet a significant-portion of the
City’s lower-income Fair Share need; and
WHEREAS, new residential development which does not include nor contribute toward housing
for lower income households will only serve to aggravate the current affordable housing shortage and
create additional need for affordable lower income housing by reducing the supply of residential land
available for affordable housing, development and increasing the population ,and the demand for
community services businesses staffed by lower wage employees; and
WHEREAS, a continuing shortage of affordable housing is detrimental to the public health, safety
and welfare as it contributes to overcrowded and substandard conditions for lower-income families, and
the inability of industry to find and retain a quality labor supply; and
I . .
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WHEREAS, an inclusionary requirement of fifteen (15%) percent lower-income housing
represents 1050 lower-income units which is less than one-half of the designated Regional Need over the
next five years; and
WHEREAS, the City’s Housing Element also identifies a variety of other City initiated programs
to respond to the Regional Need; and
WHEREAS, the mandatory Inclusionary Housing Program was identified within the City’s
Housing Element as a viable program available to the City to achieve a significant portion of the City’s
Fair Share objective for lower-income units; and
WHEREAS, an inclusionary housing requirement of fifteen (15%) percent lower-income use will
help ensure that a significant portion of the City’s Fair Share lower-income objectives can be achieved;
and
WHEREAS, based upon projected residential development between 1991 and 1996, the
imposition of a requirement of fifteen (15%) percent low-income inclusionary housing on future
residential development is necessary to achieve the City’s Fair Share and Regional Share objectives; and
WHEREAS, the City’s Housing Element and this chapter identify programs to provide
technical, financial, and standards flexibility, offsets and incentives, to facilitate inclusionary housing
development; and
WHEREAS, on August 12, 1999, the Housing Commission held a public meeting to consider
a recommendation to the Planning Commission and City Council to amend Title 21 of the Carlsbad
Municipal Code by the repeal and reenactment of Chapter 21.85 regarding affordable housing units
for lower-income households and in-lieu fees; and
WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all
persons desiring to be heard, said Commission considered all factors relating to the proposed
amendments.
HCRESO. NO. 99-007 PAGE 2
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City
of Carlsbad, California, as follows:
1. The above recitations are true and correct.
2. The amendment to the Ordinance is consistent with the goals and objectives of the City of
Carlsbad’s Housing Element, the Consolidated Plan, the Inclusionary Housing Ordinance,
and the Carlsbad General Plan.
3. That based on the information provided within the Housing Commission Staff Report and
testimony presented during the public meeting of the Housing Commission on August 12,
1999, the Housing Commission ADOPTS Resolution No. 99407, recommending
APPROVAL to the Planning Commission and City Council to amend Title 21 of the
Carlsbad Municipal Code by the repeal and reenactment of Chapter 21.85 regarding
affordable housing units for lower-income households and in-lieu fees.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission
of the City of Carlsbad, California, held on the 12” day of August, 1999, by the following vote, to wit:
AYES: Chairperson Latas, Commissioners: Scarpelli, McNeil1 and Ritchie.
NOES: None.
ABSENT: Commissioner Rose.
ABSTAIN: None.
CARLSBAD HOUSING COMMISSION
RAH K. FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
HCRESO. NO. 99-007 PAGE3
LUCE, FORWARD, HAMILTON &SCRIPPS w
ATIWNEYS ATLAW. FOUNDED 1873
RONALD W. ROUSE. PARTNER
DIRECT DIAL NUMBER (619) 699-2579
DIRECT FAX NUMBER (619) 645-5342
E-Mm ADDRESS: rrouse@luce;com
Our File No.: 27817-00002
VIA FACSIMILE
AND FIRST CLASS MAIL
February 4,200O
zA-em* 0
FOR THE INFORMATION OF THE Cl-W COUNCIL
Ronald R. Ball, Esq.
City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: City Council Meeting February 9,200O
Revisions to City’s Affordable Housing Ordinance
Dear Ron:
Thank you for taking the time this morning to discuss the concerns of my client, Villages of La
Costa, to the proposed revisions to the City’s Affordable Housing Ordinance.
As I reviewed with you, we attended the Planning Commission Hearing, presented our materials
including a copy of the hypothetical “100 market rate unit” comparison. Our point was to
illustrate that the interpretation of the City’s Affordable Housing Ordinance was discriminatory
and excessive as it relates to master plan and specific plan projects as the ordinance requires
more than 17% affordability based on the number of market rate units. In fact, at the Planning
Commission Hearing in response to questions from the Commissioners, the Assistant Planning
Director, Mr. Wayne, acknowledged that our calculations and examples were correct and that the
master plan and specific plan affordability requirement, expressed as a percentage of authorized
market rate units, exceeded 17%.
In that regard, earlier today I ftied to you a copy of our hypothetical example which was
distributed at the Planning Commission Hearing and which should be part of the administrative
record already. Additionally, I faxed to you our simple solution to the discriminatory effect and
600 WEST BROADWAY, Sum? 2600 l SAN DIEGO, CALIFORNIA 92101 l TELEPHONE (619) 236-1414 l FACSIMILE (619) 232-8311
SAN DIEGO l LA JOLU l NEW YORK l Los ANGELES l SAN FIUNCISCO l CHICAGO
LUCE, FORW~, HAMILTON QSCRIPPS LLI
Ronald R. Ball, Esq.
February 4,200O
Page 2
application by changing a few words in Section 2 1.85.020.D. to add the qualifying words in the
definition of “Base Residential Units“ to mean the number of “market rate” units authorized in
the master plan, specific plan or residential subdivision.
In short, by making the inclusionary affordable housing requirement calculations based on the
market rate units authorized, results in a simple, uniform application of the 15% inclusionary
requirement. As I explained, if the ordinance is not changed to provide a uniformity of
application, we believe it (1) unconstitutionally discriminates against master plan and specific
plan properties by requiring them to “mitigate” at higher inclusionary unit levels and (2) has the
affect of compounding mitigation requirements, by in essence requiring a private developer not
only to “mitigate” the construction of market rate units at the rate of 15%, but also to compound
the mitigation by requiring the private developer to “mitigate” the actual affordable units it
provides under the baseline 15% inclusionary requirement.
I also want to emphasize that we are not attempting to “build more market rate units” as a result
of the change, nor would our proposal result in Growth Management conflict in either (i) control
points being exceeded or (ii) excessive quadrant residential build outs. Under either
interpretation, the total number of market rate plus affordable units constructed will be required
to satisfy Growth Management. The Affordable Housing Ordinance has no relevance to “density
bonuses” or other City ordinances associated with state law mandates for voluntary affordable
housing projects.
As I shared with you, given our efforts to open a constructive dialogue both before and at the
Planning Commission Hearing, we were caught by surprise to learn that the matter was
scheduled for this Tuesday’s City Council meeting. As a result, we need to get our message out
to the decision makers as well.
While I am faxing this letter to you, I am also mailing nine additional copies directly to the City
Clerk for inclusion into the administrative record and distribution on Monday to the Mayor, each
Councihnember, and Messrs. Patchette, Grenyak and Holzmiller. Please feel free to share the
facsimile copy with them as well.
LUCE, FORWARD, HAMILTON &SCRIPPS LLP
kmm~~%~ AT LAW l FOUNDED 1873
Ronald R. Ball, Esq.
February 4,200O
Page 3
I hope to hear back from you later today after you have had a chance to review the materials I
provided.
!’
J Lz , 4K
of
LUCE, FORWARD, HAMILTON & SCRIPPS LLP
RWRfjr
Encls.
cc: Carlsbad City Clerk - 9 copies for distribution (via Fe&$
Mr. Fred Arbuckle/Morrow Development (via fax)
Mr. Jack Henthorn/Jack Henthom & Associates (via fax)
1480123.1
z.1*3. i&A&e Gawz& .
INCLUSIONARY HOUSING DISPARITY
100 MARKET-RATE EXAMPLE
Off-Site lnclusionarv
Total Units On-Site
Total Market-Rate Units
lnclusionaty Housing
Requirement
100
100
15
On-Site lnclusionarv
118
100
18*
l Off-site lnclusionary Requirement = 15%
l On-site lnclusionary Requirement = 18%
* Actual number of required on-site affordable units is 17.64
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ZS
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-’ 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. . . I
21.85.020. Definitions, Whenever the following terms are used in this Chapter, they shall have the me&g
established by this section:
A. “Affordable housing” means housing for which the allowable housing
expenses paid by a qualifying household shall not exceed a specified fraction of. the gross
monthly income, adjusted for household size, for the following classes of housing:
1. Extremely low-income, rental or for-sale units: thirty (30%) percent
of the gross monthly income, adjusted for household size, at thirty (30%) percent of the County
median income; 2. Very low-income, rental and for-sale units: thirty (30%) percent of
the gross monthly income, adjusted for household size, at fifty (50%) percent of the County median
income;
3. Low-income, for-sale units: thirty (30%) percent of the gross
monthly income, adjusted for household size, at eighty (80%) percent of the County median
income; and I
4. Low-income, rental units: thirty (30%) percent of the gross monthly
income, adjusted for household size, at seventy (70%) percent of the County median income.
B. “Afiordable housing agreement” means a legally binding agreement
between a Developer and the City to ensure that the inclusionary requirements of this chapter are
satisfied. The agreement establishes, among other things, the number of required inclusionary units,
the unit sizes, location, affordability tenure, terms and conditions of affordability and unit
production schedule.
C. “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 Federal Regulations for the Tenant Based Rental Assistance
Program. 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 char
sessed by the lessor and payable by e tenant.
“Base residential units” means-$kiimber 0-z
ecific Plan from which are calculated the lower-in o e inclusionary units to be
provided in conjunction with that Master Plan or Specific Plan or residential subdivision.
E. “Affordable housing policy team” shall consist of the Community
Development Director, Planning Director, Housing and Redevelopment Director, Administrative
Services Director/Finance Director, and a representative of the City Attorney’s office.
F. “Combined inclusionary housing project” means separate residential
development sites which are linked by a contractual relationship such that some or all of the
inclusionary units which are’ associated with one development site are produced and operated at a
separate development site or sites.
G. “Conversion” means the change of status of a dwelling unit from a
purchased unit to a rental unit or vice versa.
-4 I
P, 02
FEB- 7-00 NON 17:OO
,
L-l
THESANDXEGOCOUNTY J APARTMENTASSOCIATION
a_ *
A Chapter of the California Apartment Association
8qjfmtd~~~@ti~
February 7,2000
SENT M;4 FM
Mayor Claude Lewis
and members of the City Council
City of Carlsbad
I200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: Revised Inclusionary Housing Ordinance
Dear Mayor Lewis:
On behalf of the San Diego County Apartment Association, a nonprofit trade group
representing over 3,000 rental property owners <and managers, I am writing to strongly urge you not to approve the Revised Inclusionary Housing Ordinance.
While this proposal is intended to produce more affordable housing, we are concerned that this action will instead have the reverse effect. In reality, the cost associated with increasing in lieu fees would not be borne by developers, but rather, it would be directly
passed on to the renter or new homebuyer, which would only exacerbate the affordability problem. As an organization actively participating in the North County Housing Task
Force, we are disappointed that this recommendation is coming to you without further
analysis as to the impact of this proposal. The focus of the North County Housing Task
Force has been to find ways to provide more rental housing of all types, we are worried
about the impact of this proposal on the construction of new multi-family rental housing
communities in Carlsbad. As you know, unlike for-sale housing the construction of
multi-family rental homes haa only recently begun to rebound in our region
On behalf of the San Diego County Apartment Association, I am urging you not to
approve this item until additional review of this ordinance’s impact has been completed by a group of industry stakeholders.
Sincerely,
wvw
AGENDA ITEM #
c: Mayor
Gail L. Scott
President
CiG @ounCil
City MZUI~&W
City Attorney
City Clerk
~--m/2000 17: 33 8585521445 BIA OF SAN DIEGO
BUILDING ZNDiJSTRY
ASSOCIATLO~ OF
SAN DIEGO COUNTY
PAGE 01
i 6336 Greenwich Dr@@ Suite A
,r San Diego, CA W-922 :’ (859) ‘460-3221 FAX No. (SSB) 552-1445
PRESIDENT Cob Seid
Coiflich Cotimunilies, Inc.
. . VlCE PRESIDENT
Steve Doyle Brookfidd Homes ‘.
Mike Neal
H.Gi Fentoir Company
IMMEDIATE PAST
PRESIDENT Ml& Pdtllrson~
Barratt herkim
EXE’cUTlVE
WE PREBlDENT PadA. Tryon
CaMtxnia ‘Buildm$ lnduatry Assogiatbn
NaIitinal Association
a( Home Buil@cvs
.’ :
February 15,200O
Via’ Fax t-760-720-6917)
&. Hand Deliverv
Mayor Bud Lewis and Members of the Council
City of G&bad,
1200, Carlsba;d Village, Drive
catmad, C-A 92008
. I$e: AB#15.167 Rebeal and bEnactment of Carlsbad Mu&i&
Code Chauter2 1.85 - Inclusionarv Housine Ordinance
Deal Mayor Lewis and Councilmembers,
The &Ming ‘Industry Association (“BIA”) understands that the City will consider a modification tid re-enactment of its IncluqionAry Houshig Ordinance. This Ordinance will continue to require developers of market-rate housing in the city of Carlsbad to either build 15% of its product as low
income or in c&n instances pay a fee in-lieu of this requirement.
‘I%& proposed amended ordinanw continues a policy of requiring new homebuy? to sqbsidize w City’s goal of providing affordable housing. The
city of Carlsbad’s inclusionary Housing Ordinance places heavy ‘reliance on marl& r#e hom+buyers to subsidize low-income housing. We believe this to
bad public policy that shifts the burden of the whole comxmmity for providing affordable Qox+ing to a’small sectoi of that community.
The contidkg policy of the BIA has been to oppose inclwionary housing as a
mata of pbiic policy. .We come to believe that not only is Inclusionary
Housi~ kuirements bad public policy but just plain lawful.
This proposed oidinance is unlawfi4 for the following reasons:
0 Unlaa Takiq. The City’s proposals violate the Takings Clause of the
‘state and federal ‘constitutions because there is no nexus between the
con&u&on of market-rate housing and the City’s need foi afIbrd&le
houshg. Quite he opposite in fad-as new market-rate housing is
colistructed, existing housing that is comparatively more affordable
.-'/15/28m 17:33 8585521445 BIA OF SPN DIEGO PAGE 82
l becomes’available for’sale or rental. The justification advanced by the City fbr imposing an ,, incl~ionary requirement on residential construction-that market-rate housing ‘causes the need
for aff&able housing by “reducing the supply of residential land”aoes not constitute the
suflticient ucxus demanded by the U.S. Supreme Court’s decisions in iVoZZan v. CWjwniu
COQ.S$IZ ,Commission and Dolun V. Tigard and by the California Supreme Court in Krlich v.
Culver City. Indeed, even &sun&g such heightened scrutiny did not apply, the residential
inch+rary housing proposal would not pass muster under the earlier more deferential nexus
&an&d articulated in Asso$ated Homebuilders v. Walnut Creek: (Attached with this letter is a number of studies that I request be included as part of this administrative record,)
l Viola&on of the Mitkation Fee Act fAE51600] The City’s proposal violates the,Mitigation
Fee Act because the City failed to demonstrate a reasonable relationship between any public impacts occasioned by the development of market-rate housing and the burdens imposed by’
the’ proposed ir&~~ionary housing requirement.
. Unlaw&l Sue&l Tax The proposed in lieu f&e bears no relationship to .the benefits and
burdens associated with residential development and there fore constitutes an unlawful
specialI&.
,UnMunately, until now the inclusionary housing approach has been seen by some iocal
‘governments as the path of,ler@ resistance to increasing housing af%rdabiIity. This is why the BIA has maintained and will continue to maintain its opposition to this policy.
.
Thank you for thought &lly considering our objections to this ordinance,
Shlccrely,
. ‘F ; J&y Livingston
staff Counsel
Biilding Industry Association
1,” . . . I $ 1:
-
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because- your interest may be affected, that the
City Council of the City of Carlsbad will hold a public hearing at the Council Chambers,
1200 Carlsbad Village Drive, at 6:00 p.m. on Tuesday, February 8, 2000, to consider
approval of a Negative Declaration, Zone Code Amendment, and a Local Coastal
Program Amendment to amend Chapter 21.85 of the Municipal Code, the “Inclusionary
Housing Ordinance.” The current Ordinance requires residential projects to either
construct housing affordable to lower-income households or pay fees in-lieu of
construction. The proposed amendment would, among other things, increase the
threshold (which is based on the number of project units) at which affordable housing
must be built, allow alternatives to construction, and “extremely low income” as a new
class of affordable housing and household, and provide incentive credits for developers to
assist the City in meeting its affordable housing needs. Some of the changes are
proposed to make the Inclusionary Housing Ordinance consistent with the regionally-
adopted guidelines for the housing element self-certification pilot program.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after February 4,200O. If you
have any questions, please call Scott Donnell in the Planning Department at (760) 602-
46 16 or Craig Ruiz in the Housing and Redevelopment Department at (760) 434-28 10.
The time within which you may judicially challenge this Negative Declaration, Zone
Code Amendment, and Local Coastal Program Amendment, if approved, is established
by state law and/or city ordinance, and is very short. If you challenge the Negative
Declaration, Zone Code Amendment, and Local Coastal Program Amendment in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of
Carlsbad at or prior to the public hearing.
CASE FILE: ZCA 99-08/LCPA 99-06
CASE NAME: INCLUSIONARY HOUSING ORDINANCE AMENDMENT
PUBLISH: JANUARY 29,200O
CITY OF CARLSBAD
CITY COUNCIL
January 21,200O
TO: CITY CLERK’S OFFICE
FROM: HOUSING AND REDEVELOPMENT DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice REPEAL AND RE-
ENACTMENT OF CARLSBAD MUNICIPAL CODE CHAPTER 21.85 for a public
hearing. Please notice the item for the regular City Council meeting on FEBRUARY 8,
2000.
Thank you.
u \
ommunity Development Director FATE
NOTICE OF PUBLIC HEARING I “‘i’
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, at 6:00 p.m. on Tuesday, (DATE), to consider approval of a Negative
Declaration, Zone Code Amendment, and a Local Coastal Program Amendment to amend
Chapter 21.85 of the Municipal Code, the “Inclusionary Housing Ordinance.” The current
Ordinance requires residential projects to either construct housing affordable to lower-income
households or pay fees in-lieu of construction. The proposed amendment would, among other
things, increase the threshold (which is based on the number of project units) at which affordable
housing must be built, allow alternatives to construction, add “extremely low income” as a new
class of affordable housing and household, and provide incentive credits for developers to assist
the City in meeting its affordable housing needs. Some of the changes are proposed to make the
Inclusionary Housing Ordinance consistent with the regionally-adopted guidelines for the
housing element self-certification pilot program. 3::
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after (DATE). If you have any
questions, please call Scott Donnell in the Planning Department at (760) 602-4616 or Craig Ruiz
in the Housing and Redevelopment Department at (760) 434-28 10.
The time within which you may judicially challenge this Negative Declaration, Zone Code
Amendment, and Local Coastal Program Amendment, if approved, is established by state law
and/or city ordinance, and is very short. If you challenge the Negative Declaration, Zone Code
Amendment, and Local Coastal Program Amendment in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: ZCA 99-08/LCPA 99-06
CASE NAME: INCLUSIONARY HOUSING ORDINANCE AMENDMENT
PUBLISH: DATE
CITY OF CARLSBAD
CITY COUNCIL
-
REGIONAL TASK FORCE ON THE LOCAL INITIATIVES SUPPORT CORP CENTER FOR COMM SOLUTIONS
HOMELESS SUITE 1010 4508 MISSION BAY DR
3989 RUFFIN ROAD 450 B ST SAN DIEGO CA 92109
SAN DIEGO CA 92 123 SAN DIEGO CA 92 10 1
COMMUNITY HOUSING OF N COUNTY COMMUNITY RESOURCE CENTER COMM RESOURCE SOCIAL SERVICE
1820 S ESCONDIDO BL PO BOX 952 650 2ND ST
ESCONDIDO CA 92025 ENCINITAS CA 92024 ENCINITAS CA 92024
DEPT OF VETERANS AFFAIRS EYE COUNSELING AND CRISIS N COUNTY INTERFAITH COUNCIL
3350 LA JOLLA VILLAGE DR SERVICES 430 N ROSE
SAN DIEGO CA 92161 200 N ASH ST ESCONDIDO CA 92027
ESCONDIDO CA 92027
SAN DIEGO HOUSING COMMISSION SAN DIEGO URBAN LEAGUE SD YOUTH & COMMUNITY SERVICES
MS-49 4261 MARKET ST SUITE 550
1625 NEWTON AV SAN DIEGO CA 92 102 3255 WING ST
SAN DIEGO CA 92 113 SAN DIEGO CA 92110
ST CLARES HOME
SUITE 120
243 S ESCONDIDO BL
ESCONDIDO CA 92025
ST VINCENT DE PAUL VILLAGE THE SALVATION ARMY
3350 E ST 730 F ST
SAN DIEGO CA 92101 SANDIEGO CA 92101
VISTA COMMUNITY CLINIC
SUITE 201
956 VALE TERRACE
VISTA CA 92084
VOLUNTEERS OF AMERICA
1111 ISLAND
SANDIEGO CA 92101
VVSD
4141 PACIFIC HWY
SAN DIEGO CA 92110
WOMENS RESOURCE CENTER
1963 APPLE ST
OCEANSIDE CA 92054
YMCA
215 BARNES ST
OCEANSIDE CA 92054
YWCA
PO BOX 126398
SAN DIEGO CA 92112
SERJOBS FOR PROGRESS
SUITE 2 11
3355 MISSION AV
OCEANSIDE CA 92054
MFOLINE
PO BOX 881307
SAN DIEGO CA 92168
HOUSING COALITION
1050 ESSEY
SAN DIEGO 92 103
CRISIS HOUSE & FAMILY SHELTER
1034 N MAGNOLIA
EL CAJON CA 92020
SD ECUMENICAL COUNCIL
1880 3RD AV
SANDIEGO CA 92101
CARLSBAD FAMILY HOUSING
SUITE 1070
600 W BROADWAY
SANDIEGO CA 92101
EPISCOPAL COMMUNITY SERVICES
PO BOX 33 168
SAN DIEGO CA 92 163
SECOND CHANCE
SUITE 1
1335 J ST
SAN DIEGO CA 92101
UNITED WAY
4699 MURPHY CANYON RD
SAN DIEGO CA 92123
HARVEST FOR THE HUNGRY BROTHER BENNOS FOUNDATION
4602 CHICKSAW CT 3260 PRODUCTION AV
SAN DIEGO CA 92 117 OCEANSIDE CA 92054
ALPHA PROJECT
299 17TH ST
SANDIEGO CA 92101
CATHOLIC CHARITIES SHELTER PARTNERSHIP MITE
349 CEDAR ST SUITE 616 5 14 N COAST HWY
SANDIEGO CA 92101 523 W 6TH ST OCEANSIDE CA 92054
LOS ANGELES CA 90014
COMM RESEARCH FOUNDATION N COASTAL SERVICE CENTER LIFELINE COMM SERVICES
173 8 S TREMONT ST SUITE A 200 JEFFERSON ST
OCEANSIDE CA 92054 125 S TREMONT ST VISTA CA 92084
OCEANSIDE CA 92054
SD FRIENDS OF LEGAL AIDE LEAGUE OF WOMEN VOTERS INTERFAITH SHELTER NETWORK
SUITE 3 10 UNIT B SUITE 12
303 A ST 749 MAGNOLIA AV 1880 3RD AV
SAN DIEGO CA 92 12 1 CARLSBAD CA 92008 SAN DIEGO CA 92101
ALLIANCE FOR AFRICAN ASSIST SD NEIGHBORHOOD HOUSING SVC HOME SHARE CONNECTION
3 148 UNIVERSITY AV SUITE B 4069 30TH ST
SAN DIEGO CA 92104 3902 EL CAJON BL SAN DIEGO CA 92 104
SAN DIEGO CA 92 105
INTERFAITH HOUSING FOUNDATION SAN DIEGO URBAN LEAGUE S CALIF HOUSING DEV CORF
2130 4TH AV 4261 MARKET ST SUITE A
SANDIEGO CA 92101 SAN DIEGO CA 92 102 4322 PIEDMONT DR
SAN DIEGO CA 92 107
AFFORDABLE HOUSING PEOPLE INDIAN HUMAN RESOURCES CENTER NEIGHBORHOOD HOUSE
SUITE 159 SUITE A 3043 4TH AV
7720 B EL CAMINO REAL 4040 30TH ST SAN DIEGO CA 92103
CARLSBAD CA 92009 SAN DIEGO CA 92 104
HABITAT FOR HUMANITY
3562 GROVE ST
LEMON GROVE CA 9 1945
NATIONAL LOW INCOME HSG COAL
ROOM 1200
1012 14TH NW
WASHINGTON DC 20005
PRICE CHARITIES
SUITE 520
7979 IVANHOE AV
LA JOLLA CA 92037
LUTHERAN SOCIAL SERVICES CALIF BLACK HEALTH NETWORK NATL ASSOC OF SOCIAL WORKERS
3101 4TH AV SUITE 103 3060 53RD ST
SAN DIEGO CA 92103 7840 MISSION CENTER CT SAN DIEGO CA 92105
SAN DIEGO CA 92108
GOOD NEIGHBOR COMM BUILDERS REACH NCLlUMAAC
461 NIAD PO BOX 2913 1770 4TH AV
ENCINITAS CA 92024 ESCONDIDO CA 92033 SAN DIEGO CA 92101
-
AFFORDABLE HOUSING APPL INTERFAITH HOUSING FOUNDATION FAIR HOUSING COUNCIL OF SD
SUITE 101 2130 4TH AV SUITE 1114
620 CHESAPEAKE DR SAN DIEGO CA 92101-2110 625 BROADWAY
SAN DIEGO CA 92 123 SANDIEGO CA 92101
ACCION SAN DIEGO ACCESS CENTER OF SD BIG SISTER LEAGUE, INC
1 OTH FLOOR 3736 ALABAMA ST 115 REDWOOD ST
1250 6TH AV SAN DIEGO CA SAN DIEGO CA 92 103
SAN DIEGO CA 92101-4313
SD VETERAN SERVICES CENTER CUATRO CORPORATION LEGAL AID SOCIETY OF SAN DIEGO
SUITE 106 1770 4TH AV 110 S EUCLID AV
135 W MISSION AV SANDIEGO CA 92101 SAN DIEGO CA 92114
ESCONDIDO CA 92025
SD APARTMENT ASSOC BRIDGE HOUSING GROUP HUMAN RELATIONS COMM
SUITE 10 SUITE 400 SUITE 9 16
37 10 HILLTOP DR 1 HAWTHORNE ST 1200 3RD AV
LEMON GROVE CA 91945 SAN FRANCISCO CA 94 105 SANDIEGO CA 92101
RIENDS OF IMMIGRANT WORKERS BARRIO ASSOCIATION SAFE HARBOR
530 JEREZ CT 1611 JAMES DR 3874 RIVIERA DR
CARLSBAD CA 92009 CARLSBAD CA 92008 SAN DIEGO CA 92019
FRATERNITY HOUSE
20702 ELFIN FOREST RD
ESCONDIDO CA 92029
NORTH COAST HOUSING
PO BOX 343
CARDIFF CA 92007
CALIF RURAL LEGAL ASSIST
2 16 S TREMONT ST
OCEANSIDE CA 92054
CHICANO FEDERATION NORTH COUNTY CHAPLAINCY COMUNITY RESOURCE GROUP
610 22ND ST 2020 CHESTNUT AV 5228 QUEMADO CT
SAN DIEGO CA 92 102 CARLSBAD CA 92008 SAN DIEGO CA 92 124
ASSOC FOR COM HOUSING SOL
PO BOX 3628
SAN DIEGO CA 92 163
PATHFINDERS OF SD JNC
3806 GRIM AV
SAN DIEGO CA 92 104
LABOR COMM SERVICE AG
SUITE 200
2615 CAMINO DEL RIO S
SAN DIEGO CA 92 108
PACIFIC HOUSING SOLUTIONS
22 16 EDINBURG
CARDIFF BY THE SEA CA 92007
FOUNDATION FOR CHANGE
2 166 B AVENIDA DE LA PLAYA
LA JOLLA CA 92037
STEPPING STONE
3425 5” AV
SAN DIEGO CA 92 103
REVISIMS RESOURCES
7611 PRIMAVERA WY
CARLSBAD CA 92009
AFFIRMED HOUSING GROUP
SUITE 208
200 E WASHINGTON ST
ESCONDID CA 92025
FANNIE MAE
135 N LOS ROBLES AV
PASADENA CA 91101-1707
DEPT OF HOUSING & URBAN DEV
SUITE 300
2365 NORTHSIDE DR
SAN DIEGO CA 92108
HOUSING DEPARTMENT
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069
CARLSBAD UNIFIED SCHOOL DIS
801 PINE AV
CARLSBAD CA 92008
NCINITAS UNION ELEM SCHOOL DIS
01 S RANCH0 SANTA FE RD
ENCJNITAS CA 92024
CHAMBER OF COMMERCE
PO BOX 1605
CARLSBAD CA 92018
VALLECITOS WATER DISTRICT
788 SAN MARCOS BLVD
SAN MARCOS CA 92069
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SDSU
SAN DIEGO CA 92 182-4505
STANDARDPACIFIC
9335 CHESAPEAKE DR
SAN DIEGO CA 92123-1010
BENCHMARK PACIFIC
STE 210
5055 AVENIDA ENCINAS
CARLSBAD CA 92008
LENNAR HOMES
SUITE 320
5780 FLEET ST
CARLSBAD CA 92008
HOUSING DEPARTMENT
CITY OF ENCINITAS
505 S VULCAN
ENCINITAS CA 92024
HOUSING DEPARTMENT
CITY OF OCEANSIDE
300 N COAST HWY
OCEANSIDE CA 92054
SAN MARCOS UNIFIED SCHOOL DIS
1 CIVIC CENTER DRIVE
SAN MARCOS CA 92069
CAL HOUSING FINANCE AGENCY
SUITE 250
100 COPRORATE PLAZA
CULVER CITY CA 90230-764 1
REBECCA DAVIS
SANDAG
SUITE 800
401 B ST
SAN DIEGO CA 92101-4231
LEUCADIA CNTY WTER DIST
1960 LA COSTA AVE
CARLSBAD CA 92009
GREYSTONE HOMES
SUITE 300
5780 FLEET ST
CARLSBAD CA 92008
BROOKFIELD HOMES
SUITE 200
12865 POINTE DEL MAR
DEL MAR CA 92014
CATELLUS RESIDENTIAL GROUP
SUITE 400
5 PARR PLAZA
IRVINE CA 92614
HOUSING DEPARTMENT
COUNTY OF SAN DIEGO
5201 RUFFIN RD
SANDIEGO CA 92123
HOUSING DEPARTMENT
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
SAN DIEGUITO UNION HS DISTRICT
7 10 ENCINITAS BL
ENCINITAS CA 92024
VILLAGE MERCHANTS ASSOC
PO BOX 1247
CARLSBAD CA 92018
SUSAN BALDWIN
SANDAG
SUITE 800
401 B ST
SAN DIEGO CA 92101-4231
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
CONTINUING LIFE COMMUNITIES
800 MORNINGSIDE DR
FULLERTON CA 92835
B A WORTHING MC
PO BOX 1041
CARLSBAD CA 92018
SHEA HOMES
SUITE 200
1072 1 TREENA ST
SAN DIEGO CA 92131
TOLL BROTHERS INC
SUITE 180
2100 ORANGEWOOD AV
ORANGE CA 92868
COLRJCH CONSRUCTION
SUITE 200
4 14 1 JUTLAND DR
SAN DIEGO CA 92 117
MCMILLIAN CONSTRUCTION
2727 HOOVER AV
NATIONAL CITY CA 9 1950
BUILDJNG INDUSTRY ASSOCIATOJN
6336 GREENWICH DR
SAN DIEGO CA 92122
U.D.C. HOMES
SUITE 112B
438 CAMINO DEL RIO S
SAN DIEGO CA 92108
THE BREHM COMPANIES
5770 OBERLIN DR
SAN DIEGO CA 92121-1723
SHEA HOMES
SUITE 200
1072 1 TREENA ST
SAN DIEGO CA 9213 1
MONARCH COMUNITIES
SUITE 180
30012 IVY GLEN DR
LAGUNA NIGUEL CA 92677
WESTERN PACIFIC HOUSING
SUITE 107
2385 CAMINO VIDA ROBLE
CARLSBAD CA 92009
KJM HEIM CO
543 1-H AVENIDA ENCINAS
CARLSBAD CA 92008
MITCHELL DEVELOPMENT
SUITE 102
3 1225 LA BAYA DR
WESTLAKE VILLAGE CA 9 1362
KAUFMAN & BROAD
SUITE 400
12626 HIGH BLUFF DR
SAN DIEGO CA 92130
PINNACLE COMMUNITIES
SUITE 122
3002 DOW AV
TUSTIN CA 92780
ALAMITOS BUILDING
SUITE 250
3020 OLD RANCH PWY
SEAL BEACH CA 90740
AVALON HOMES
SUITE 370
26440 LA AMAEDA
MISSION VIEJO CA 92691
CONTINENTAL HOMES
SUITE 300
12636 HIGH BLUFF DR
SAN DIEGO CA 92130
CENTEX HOMES
SUITE 250
5962 LA PLACE CT
CARLSBAD CA 92008
K HOVANIAN
SUITE 300
3991 MACARTHUR BL
NEWPORT BEACH CA 92660
SPECTRUM COMMUNITIES
SUITE B2 11
15375 BARRANCA PKWY
IRVINE CA 92623
NRG ENERGY INC.
SUITE 2740
SYMPHONY TOWERS
750 ‘B’ ST
SAN DIEGO CA 92101
RACEWAY PROERTIES
C/O KURTIN PROPERTIES
12750 CARMEL COUNTRY RD
SAN DIEGO CA 92130
HERITAGE HOMEBUILDERS INC
SUITE G-2
2420 GRAND AV
VISTA CA 92083
JACK HENTHORN & ASSOC
SUITE D
5375 AVENIDA ENCINAS
CARLSBAD CA 92008
HOFMAN PLANNING ASSOC
SUITE 150
5900 PASTEUR CT
CARLSBAD CA 92008
LADWIG DESIGN GROUP
SUITE 300
703 PALOMAR AIRPORT RD
CARLSBAD CA 92009
PLANNING SYSTEMS
SUITE 100
1530 FARADAY AV
CARLSBAD CA 92008
ODAY CONSULTANTS
SUITE 100
5900 PASTEUR CT
CARLSBAD CA 92008
HUNSAKER & ASSOC
SUITE 200
10179 HUENNEKENS ST
SANDIEGO CA 92121
JENNA CONTRACTING GROUP
3 103 VILLA WY
NEWPORT BEACH CA 92663
MORROW DEVELOPMENT
PO BOX 9000-685
CARLSBAD CA 92018-9000
WESTERN PACIFIC HOUSING
SUITE 107
2385 CAMINO VIDA ROBLE
CARLSBAD CA 92009
-.- -
MICHELLE BLUMEN
SAN DIEGO CNTY APRTMNT ASSOC
SUITE 327
2727 CAMINO DEL RIO SOUTH
SAN DIEGO CA 92 116
ALSO USED LCPA
‘A’& ‘B’LISTS
jtov LA 7-a b0bL &im2wa0h Dr. ciu-@/?A , CR q2wq
-
LABELS - 5163
LCPA MAILING LIST (GOVERNMENT AGENCIES)
SANDAG (SAN DIEGO COUNTY)
WELLS FARGO PLAZA
SUITE 800
APPENDIX A (LIST IS REQUIRED BY COASTAL 401 B STREET
COMMISSION) SANDIEGO CA 92101
DEPARTMENT OF JUSTICE
DEPUTY ATTORNEY GENERAL
ROOM 700
110 WEST A STREET
SANDIEGO CA 92101
PUBLIC UTILITIES COMMISSION
350 MCALLISTER STREET
SAN FRANCISCO CA 94103
OFFICE OF PLANNING AND RESEARCH
OFFICE OF LOCAL GOVERNMENT AFFAIRS
PO BOX 3044
SACRAMENTO CA 958 12-3044
DEPARTMENT OF FOOD AND AGRICULTURE
STEVE SHAFFER, AGRICULTURE RESOURCES
ROOM 100
1220 N STREET
SACRAMENTO CA 95814
BUSINESS, TRANSPORTATION & HSG AGENCY
WILLIAM G. BRENNAN
DEPUTY SECRETARY AND SPECIAL COUNCIL
SUITE 2450
980 NlNTH STREET
SACRAMENTO CA 958 14
DEPARTMENT OF TRANSPORTATION
ROOM 5504
1120 N STREET
SACRAMENTO CA 95814
DISTRICT 11 CALTRANS
BILL FIGGE, TRANSPORTATION PLANNING
’ MAIL STATION 65
2829 JUAN ST
SAN DIEGO CA 92110
RESOURCES AGENCY
RM 1311
1416 NINTH STREET
SACRAMENTO CA 95812
U. S. FISH AND WILDLIFE SERVICE
SUITE 130
3310 EL CAMINO AVENUE
SACRAMENTO CA 95821
ENERGY RESOURCES, CONSERVATION
AND DEVELOPMENT COMMISSION
CHUCK NAJARIAN
15 16 NINTH STREET
SACRAMENTO CA 958 14
MARINE RESOURCES REGION, DR & G
ENVIRONMENTAL SERVICES SUPERVISOR
350 GOLDEN SHORE
LONG BEACH CA 90802
SOUTHERN REGION
JOHN WALSTROM, TECHNICAL SERVICES
8885 RIO SAN DIEGO DRIVE
SAND DIEGO CA 92108
STATE LANDS COMMISSION
DWIGHT SANDERS _.
SUITE 1005
100 HOWE AVE
SACRAMENTO CA 95825-8202
COASTAL CONSERVANCY
SUITE 1100
1330 BROADWAY
OAKLAND CA 94612
DEPARTMENT OF FISH AND GAME
GAIL PRESLEY, CHIEF
ENVIRONMENTAL SERVICES DIVISION
RM 1341
1416 NINTH STREET
SACRAMENTO CA 95814
DEPARTMENT OF FORESTRY
DOUG WICKIZER, ENVIROMENTAL COORD
RM 1516-2
1416 NINTH STREET
SACRAMENTO CA 95814
SAN FRANCISCO BAY CONSERVATION
AND DEVELOPMENT COMMISSION
BILL TRAVIS
30 VAN NESS AVENUE
SAN FRANCISCO CA 95814
WATER RESOURCES CONTROL BOARD
PO BOX 100
SACARAMENTO CA 95801 ’
REGIONAL WATER QUALITY CONTROL BOARD
SUITE B
9771 CLAJREMONT MESA BLVD
SAN DIEGO CA 92124-1331
BARRY BRAYER, AWP-8
FEDERAL AVIATION ADMINISTRATION
WESTERN REGION
PO BOX 92007
LOS ANGELES CA 90009
DEPARTMENT OF AGRICULTURE
ATTN: GARY
RESOURCE CONSERVATIONIST
SUITE 102
2121-C SECOND STREET
DAVIS CA 95616
PACIFIC REGIONAL MANAGER
NATIONAL OCEANIC AND ATMOSPHERIC
ADMIN - OCRM, 55MC4
N/ORM - 3
1305 EAST-WEST HIGHWAY
SILVER SPRING MD 20910
U.S. ARMY CORE’S OF ENGINEERS DEPARTMENT OF DEFENSE
LILY ALYEA - SUITE 702 LOS ANGELES DISTRICT ENGINEER
333 MARKET STREET PO BOX 2711
SAN FRANCISCO CA 94105-2 197 LOS ANGELES CA 90053
DEPARTMENT OF ENERGY
611 RYAN PLAZA DR STE 400
ARLINGTON TX 7601 l-4005
USDA - RURAL DEVLOPMENT
430 ST DEPT 4169
DAVIS CA 95616
COUNCIL ON ENVIRONMENTAL QUALITY
CHAIRMAN
722 JACKSON PLACE NORTH WEST
WASHINGTON DC 2006
DEPARTMENT OF DEFENSE
COMMANDANT, ELEVENTH NAVAL DISTRICT
DISTRICT CIVIL ENGINEER
SANDIEGO CA 92132
-
U. S. BUREAU OF LAND MANAGEMENT
2 135 BUTANO DRIVE
SACRAMENTO CA 95825
U. S. BUREAU OF RECLAMATION
LOWER COLORADO REGION
PO BOX 427
BOULDER CITY CO 89005
SUPERINTENDENT
CHANNEL ISLANDS NATIONAL PARK
1901 SPINNAKER DRIVE
SAN BUENAVENTURA CA 93001
BUREAU OF INDIAN AFFAIRS
RONALD M. JAEGER
2800 COTTAGE WAY
SACRAMENTO CA 95825
DEPARTMENT OF ENERGY
CLIFFORD EMMERLING, DIRECTOR
SUITE 350
901 MARKET STREET
SAN FRANCISCO CA 94103
DEPARTMENT OF HOUSING AND URBAN DEVE
DUNCAN LENT HOWARD, REGIONAL ADMIN
450 GOLDEN GATE AVENUE
SAN FRANCISCO CA 94102
U. S. BUREAU OF RECLAMATION
MID-PACIFIC REGION
2800 COTTAGE WAY
SACRAMENTO CA 95825
DOUGLAS WARNOCK, SUPERINTENDENT
REDWOOD NATIONAL PARK
DRAWERN
11112ND STREET
CRESCENT CITY CA 95531
CALIFORNIA COASTAL COMMISSION
SUITE 200 _.
3 111 CAMINO DEL RIO NORTH
SAN DIEGO CA 92108
Smooth Feed SheetsTM
HiADMINiLABELSUCP
INTERESTED PARTIES
UPDATED 3-99
OLIVENHAIN M.W.D.
1966 OLIVENHAIN ROAD
ENCINITAS CA 92024
CRAIG ADAMS
SIERRA CLUB
SAN DIEGO CHAPTER
3820 RAY
SAN DIEGO CA 92101
LESLIE ESPOSITO
1893 AMELFI DRIVE
ENCINITAS CA 92024
LANIKAI LANE PARK
SHARP; SPACE 3
6550 PONTO DRIVE
CARLSBAD CA 92008
KIM SEIBLY
SAN DIEGO GAS & ELECTRIC
PO BOX 1831
SAN DIEGO CA 92112
PERRY A LAMB
890 MERE POINT ROAD
BRUNSWICK MAINE 04011
RICHARD RETECKI
COASTAL CONSERVANCY
SUITE 1100
1330 BROADWAY
OAKLAND CA 94612
DALE/DONNA SCHREIBER
7163 ARGONAURA WAY
CARLSBAD CA 92009 a,
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CITY OF ENCINITAS
COM DEV DEPARTMENT
505 S VULCAN AVE
ENCINITAS CA 92024
REGIONAL WATER QUAL. BD
EXECUTIVE OFFICER
SUITE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124
GUY MOORE JR
6503 EL CAMINO REAL
CARLSBAD CA 92009
CYRIL AND MARY GIBSON
12142 ARGYLE DRIVE
LOS ALAMITOS CA 90702
JOHN LAMB
1446 DEVLIN DRIVE
LOS ANGELES CA 90069
MARY GRIGGS
STATE LANDS COMMISSSION
SUITE 100 SOUTH
100 HOWE AVE
SACRAMENTO CA 95825-8202
SAN DIEGO COUNTY
PLANNING & LAND USE DEPT
JOAN VOKAC - SUITE B-5
5201 RUFFIN ROAD
SAN DIEGO CA 92123
ANTHONY BONS
25709 HILLCREST AVE
ESCONDIDO CA 92026
MR/MRS MICHAEL CARDOSA
6491 EL CAMINO REAL
CARLSBAD CA 92008
U.S. FISH &WILDLIFE SERVICES
2730 LOKER AVE WEST
CARLSBAD CA 92008
Use template for 5160@
TABATA FARMS
PO BOX 1338
CARLSBAD CA 92018
KENNETH E SULZER
SANDAG - EXEC DIRECTOR
IST INT’L PLAZA, SUITE 800
401 B STREET
SAN DIEGO CA 92101
JAN SOBEL
CHAMBER OF COMMERCE
PO BOX 1605
CARLSBAD CA 92008
BILL MCLEAN
c/o LAKESHORE GARDENS
7201 AVENIDA ENCINAS
CARLSBAD CA 92009
SPIERS ENTERPRISES
DWIGHT SPIERS
SUITE 139
23 CORPORATE PLAZA
NEWPORT BEACH CA 92660
SUPERVISOR BILL HORN
AlTN: ART DANELL
COUNTY OF SD, ROOM 335
1600 PACIFIC HIGHWAY
SAN DIEGO CA 92101
LEE ANDERSON
CRA PRESIDENT
5200 EL CAMINO REAL
CARLSBAD CA 92008
FLOYD ASHBY
416 LA COSTA AVE
ENCINITAS CA 92024
GEORGE BOLTON
6583 BLACKRAIL ROAD
CARLSBAD CA 92009
13 & AVERY@’ Address Labels laser 5160* -
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REGIONAL TASK FORCE ON THE
MOtiELESS
5989 RUFFIN ROAD
SAN DIEGO CA 92 123
COMMUNITY HOUSING OF N COUNTY
1520 S ESCONDIDO BL
ESCONDIDO CA 92025
DEPT OF VETERANS AFFAIRS
3350 LA JOLLA VILLAGE DR
SAN DIEGO CA 92161
SAN DIEGO HOUSING COIMMISSION
!WS-49
1625 NEWTON AV
SAN DIEGO CA 92113
ST CLARES HOME
SUITE 120
243 S ESCONDIDO BL
ESCONDIDO CA 92025
VISTA COMMUNITY CLINIC
SUITE 20 1
956 VALE TERRACE
VISTA CA 92084
WOMENS RESOURCE CENTER
i963 APPLE ST
OCEANSIDE CA 92054
SEIUJOBS FOR PROGRESS
SUITE211
3355 MISSION AV
OCEANSIDE CA 92054
NFOLINE
20 BOX 881307
3AN DIEGO CA 92168
bIOUSING COALITION
1050 ESSEY
<AN DIEGO 92 103
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. LOCAL INITLATIVES SUPPORT CORP
SUITE 1010
450 B ST
SAN DIEGO CA 92101
COMMUNITY RESOURCE CENTER
PO BOX 952
ENCINITAS CA 92024
EYE COUNSELI-NG AND CRISIS
SERVICES
200 N ASH ST
ESCONDIDO CA 92027
SAN DIEGO URBAN LEAGUE
4261 MARKET ST
SAN DIEGO CA 92102
ST VINCENT DE PAUL VILLAGE
3350 E ST
SAN DIEGO CA 92101
VOLUNTEERS OF AMERICA
1111 ISLAND
SANDIEGO CA 92101
YMCA
2 15 BARNES ST
OCEANSIDE CA 92054
CRISIS HOUSE & FAMILY SHELTER
1034 N MAGNOLIA
EL CAJON CA 92020
SD ECUMENICAL COUNCIL
1880 3RD AV
SAN DIEGO CA 92101
CARLSBAD FAMILY HOUSING
SUITE 1070
600 W BROADWAY
SANDIEGO CA 92101
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CENTER FOR COlWM SOLUTIONS
4508 MISSION BAY DR
SAN DIEGO CA 92 lo9
COMM RESOURCE SOCIAL SERVICE
650 2ND ST
ENCINITAS CA 92024
N COUNTY INTERFAITH COUNCIL .
430 N ROSE
ESCONDIDO CA 92027
SD YOUTH & COMMUNITY SERVICES
SUITE 550
3255 WING ST
SAN DIEGO CA 921 lo
THE SALVATION ARMY
730 F ST
SANDIEGO CA 92101
WSD
4141 PACIFIC HWY
SAN DIEGO CA 92110
YWCA
PO BOX 126398
SAN DIEGO CA 92112
EPISCOPAL COMMUNITY SERVICES
PO BOX 33165
SANDIEGO CA 92163
SECOND CHANCE
SUITE 1
1335 J ST
SANDIEGO CA 92101
UNITED WAY
4699 MURPHY CANYON RD
SAN DIEGO CA 92 123
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HARVEST FOR THE HUNGRY
4602 CHICKSAW CT
SAN DIEGO CA 92117
CATHOLIC CHARITIES
349 CEDAR ST
SANDIEGO CA 92101
COMM RESEARCH FOUNDATION
1735 S TREMONT ST
OCEANSIDE CA 92054
SD FRIENDS OF LEGAL AIDE
SUITE 3 10
303 A ST
SANDIEGO CA 92121
ALLIANCE FOR AFRICAN ASSIST
3 148 UNIVERSITY AV
SAN DIEGO CA 92104
INTERFAITH HOUSING FOUNDATION
2130 4TH AV
SAN DIEGO CA 92101
AFFORDABLE HOUSING PEOPLE
SUITE 159
7720 B EL CAMINO REAL
CARLSBAD CA 92009
HABITAT FOR HUMANITY
3 562 GROVE ST
LEMON GROVE CA 9 1945
LUTHERAN SOCLAL SERVICES
31014TI-I AV
SAN DIEGO CA 92103
GOOD NEIGHBOR COMM BUILDERS
461 NIAD
ENCTNITAS CA 92024
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BROTHER BENNOS FOUNDATION
3260 PRODUCTION AV
OCEANSIDE CA 92054
SHELTER PARTNERSHIP
SUITE 616
523 W 6TH ST
LOS ANGELES CA 90014
N COASTAL SERVICE CENTER
SUITE A
125 S TREMONT ST
OCEANSIDE CA 92054
LEAGUE OF WOMEN VOTERS
UNIT B
749 MAGNOLIA AV
CARLSBAD CA 92008
SD NEIGHBORHOOD HOUSING SVC
SUITE B
3902 EL CAJON Bi
SAN DIEGO CA 92105
SAN DIEGO URBAN LEAGUE
4261 MARKET ST
SAN DIEGO CA 92102
INDIAN HUMAN RESOURCES CENTER
SUITE A
4040 30TH ST
SAN DIEGO CA 92104
NATIONAL LOW INCOME HSG COAL
ROOM 1200
1012 14TH NW
WASHINGTON DC 20005
CALIF BLACK HEALTH NETWORK
SUITE 103
7840 MISSION CENTER CT
SAN DIEGO CA 92108
REACH
PO BOX 2913
ESCONDIDO CA 92033
-,,._ ;
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299 17TH ST
SAN DIEGO CA 92101
MITE
5 14 N COAST HWY
OCEANSIDE CA 92054
LIFELINE COMM SERVICES
200 JEFFERSON ST
VISTA CA 92084
INTERFAITH SHELTER NETWORK
SUITE 12
1880 3RD AV
SANDIEGO CA 92101
HOME SHARE CONNECTION
4069 30TH ST
SANDIEGO CA 92104
S CALIF HOUSING DEV CORF
SUITE A
4322 PIEDMONT DR
SAN DIEGO CA 92 107
NEIGHBORHOOD HOUSE
3043 4TH AV
SANDIEGO CA 92103
PRICE CHARITIES
SUITE 520
7979 IVANHOE AV
LA JOLLA CA 92037
NATL ASSOC OF SOCIAL WORKERS
3060 53RD ST
SAN DIEGO CA 92105
NCLRMAAC
1770 4TH AV
SANDIEGO CA 92101
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AFFORDABLE HOUSING APPL
g-m-E 101
,620 CHESAPEAKE DR
SAN DIEGO CA 92 123
-- INTERFAITH HOUSlNG FOUNDATION
2 130 4TH AV
SAN DIEGO CA 92101-2110
-AIR HOUSING COUNCIL OF SD
3un-E 1114
625 BROADWAY
SANDIEGO CA 92101
ACCION SAN DIEGO
1 OTH FLOOR
1250 6TH AV
SAN DIEGO CA 92101-4313
ACCESS CENTER OF SD
3736 ALABAMA ST
SAN DIEGO CA
BIG SISTER LEAGUE, JNC
115 REDWOOD ST
SAN DIEGO CA 92103
LEGAL AID SOCIETY OF SAN DIEGO
110 S EUCLID AV
SAN DIEGO CA 92114
SD VETERAN SERVICES CENTER
SUITE 106
135 W MISSION AV
ESCONDIDO CA 92025
CUATRO CORPORATION
1770 4TH AV
SANDIEGO CA 92101
SD APARTMENT ASSOC
SUITE 10
37 10 HILLTOP DR
LEMON GROVE CA 91945
BRIDGE HOUSING GROUP
SUITE 400
1 HAWTHORNE ST
SAN FRANCISCO CA 94105
HUMAN RELATIONS COMM
SUITE 916
1200 3RD AV
SAN DIEGO CA 92101
RIENDS OF IMMIGRANT WORKERS
530 JEEEZ CT
CARLSBAD CA 92009
BARRIO ASSOCIATION
1611 JAMES DR
CARLSBAD CA 92008
SAFE HARBOR
3 874 RIVIERA DR
SAN DIEGO CA 92019
CALIF RURAL LEGAL ASSIST
216 S TREMONT ST
OCEANSIDE CA 92054
FRATERNITY HOUSE
20702 ELFIN FOREST RD
ESCONDIDO CA 92029
NORTH COAST HOUSING
PO BOX 343
CARDIFF CA 92007
COMUN-ITY RESOURCE GROUP
5228 QUBMADO CT
SAN DIEGO CA 92124
CHICANO FEDERATION
61022NDST
SAN DIEGO CA 92102
NORTH COUNTY CHAFLAINCY
2020 CHESTNUT AV
CARLSBAD CA 92008
IXWEXMS RESOURCES
7611 PRIMAVERA WY
CARLSBAD CA 92009
ASSOC FOR COM HOUSING SOL
PO BOX 3625
SAN DIEGO CA 92 163
PACIFIC HOUSING SOLUTIONS
2216 EDINBURG
CARDIFF BY THE SEA CA 92007
PATHFINDERS OF SD INC
3806 GRIM AV
SAN DIEGO CA 92104
AFFIRMED HOUSMG GROUT-’
SUITE 208
200 E WASHINGTON ST
ESCON-DID CA 92025
FOUNDATION FOR CHANGE
2 166 B AVENIDA DE LA PLAYA
LA JOLLA CA 92037
LABOR COMM SERVICE AG
SUITE 200
26 15 CAMINO DEL RIO S
SAN DIEGO CA 92 108
STEPPING STONE
3425 ST’ AV
SAN DIEGO CA 92 103
FANNIE MAE
135 N LOS ROBLES AV
PASADENA CA 91101-1707
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SUI-FE 300
2365 NORTHSIDE DR
SAN DIEGO CA 92 108
HOUSING DEPARTMENT
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069
CARLSBAD UNIFIED SCHOOL DiS
801 PINE AV
CARLSBAD CA 92008
HOUSl-NG DEPARThIENT
‘ITY OF ENClNITAS
505 s VULCAN
ENCINITAS CA 92024
HOUSING DEPARTMENT
CITY OF OCEANSIDE
300 N COAST HWY
OCEANSIDE CA 92054
SAN MARCOS UNIFIED SCHOOL DIS
1 CIVIC CENTER DRIVE
SANMARCOS CA 92069
NCINITAS UNION ELEIM SCHOOL DIS CAL HOUSING FINANCE AGENCY
01 S RANCH0 SANTA FE RD SUITE 250
ENCINITAS CA 92024 100 COPRORATE PLAZA
) CULVER CITY CA 90230-764 1
CARLSBAD CA 92018
CHAMBER OF COMMERCE REBECCA DAVIS
PO BOX 1605 SANDAG
SUITE 800
401 BST
SAN DIEGO CA 92101-4231
VALLECITOS WATER DISTRICT LEUCADIA CN-LY WTER DIST
788 SAN MARCOS BLVD 1960 LA COSTA AVE
SAN MARCOS CA 92069 CARLSBAD CA 92009
L.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
;rRBAN STUDIES
<DSU
3AN DIEGO CA 92 182-4505
3TANDARDPACIFIC
,335 CHESAPEAKE DR
<AN DIEGO CA 92123-1010
GREYSTONE HOMES
SUITE 300
5780 FLEET ST
CARLSBAD CA 92008
SENCHMARK PACIFIC ~ BROOKFIELD HOMES
;TE 210 SUITE 200
0.55 AVENIDA ENCINAS 12865 POINTE DEL MAR
:ARLSBAD CA 92008 DEL MAR CA 92014
,EN-NAR HOMES
UITE 320
780 FLEET ST
‘ARLSBAD CA 92008
CATELLUS RESIDENTIAL GROUP
SUITE 400
5 PARK PLAZA
IRVINE CA 92614
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ZOUNTY OF SAN DIEGO
5201 RUFFM RD
SAN DIEGO CA 92123
HOUSING DEPARTMENT
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
SAN DIEGUITO UNION HS DISTRICT
7 10 ENCINITAS BL
ENCINITAS CA 92024
VILLAGE MERCHANTS ASSOC
PO BOX 1247
CARLSBAD CA 92018
SUSAN BALDWIN
SANDAG
SUITE 800
401 BST
SAN DIEGO CA 92101-4231
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
CONTINUING LIFE COMMUNITIES
800 MORNINGSIDE DR
FULLERTON CA 92835
;B A WORTHING INC
iP0 BOX 1041
CARLSBAD CA 92018
SHEA HOMES
SUITE 200
10721 TREENA ST
SAN DIEGO CA 9213 1
TOLL BROTHERS MC
SUITE 180
2100 ORANGEWOOD AV
ORANGE CA 92868
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SUITE 200
1141 JUTLAND DR \
SAN DIEGO CA 92 117
U.D.C. HOMES
SUITE 112B
438 CAMMO DEL RIO S
SAN DIEGO CA 92108
WESTERN PACIFIC HOUSING
SUITE 107
2385 CAMMO VIDA ROBLE
CARLSBAD CA 92009
MITCHELL DEVELOPMENT
SUITE 102
3 1225 LA BAYA DR
WESTLAKE VILLAGE CA 9 1362
ALAMITOS BUILDING
SUITE 250
3020 OLD RANCH PWY
SEAL BEACH CA 90740
CENTEX HOMES
SUITE 250
5962 LA PLACE CT
CARLSBAD CA 92008
INRG ENERGY INC.
SUITE 2740
SYMPHONY TOWERS
750 ‘B’ ST
3AN DIEGO CA 92101
JACK HENTHORN & ASSOC
SUITE D
5375 AVENIDA ENCINAS
ZARLSBAD CA 92008
‘LANNMG SYSTEMS
;UITE 100
530 FARADAY AV
ZARLSBAD CA 92008
MORROW DEVELOPMENT
‘0 BOX 9000-685
3ARLSBAD CA 92018-9000
MCMILLIAN CONSTRUCTION _- BUILDING INDUSTRY ASSOCIATOTN
2727 HOOVER AV 6336 GREENWICH DR
NATIONAL CITY CA 9 1950 SAN DIEGO CA 92122
THE BREHM COMPANIES SHEA HOMES
5770 OBERLM DR SUITE 200
SANDIEGO CA 92121-1723 1072 TREENA 1 ST
SANDIEGO CA 92131
MONARCH COMUNITIES KIM HEIM CO
SUITE 180
30012 IVY GLEN DR
LAGUNA NIGUEL CA 92677
543 1-H AVENIDA ENCMAS
CARLSBAD CA 92008
KAUFMAN & BROAD PINNACLE COMMUNTTLES
SUITE 400 SUITE 122
12626 HIGH BLUFF DR 3002 DOW AV
SAN DIEGO CA 92130 TUSTIN CA 92780
AVALON HOMES CONTINENTAL HOMES
SUITE 370 SUITE 300
26440 LA AMAEDA 12636 HIGH BLUFF DR
MISSION VIEJO CA 92691 SAN DIEGO CA 92130
K HOVANIAN SPECTRUM COMMUNITIES
SUITE 300 SUITEB211
399 1 MACARTHUR BL 15375 BARRANCA PKWY
NEWPORT BEACH CA 92660 IRVINE CA 92623
RACEWAY PROERTLES
C/O KURTIN PROPERTIES
12750 CARMEL COUNTRY RD
SAN DIEGO CA 92 130
HERITAGE HOMEBUILDERS lNC
SUITE G-2
2420 GRAND AV
VISTA CA 92083
HOFMAN PLANNING ASSOC LADWIG DESIGN GROUT’
SUITE 150 s&E 300
5900 PASTEUR CT 703 PALOMAR AIRPORT RD
CARLSBAD CA 92008 CARLSBAD CA 92009
ODAY CONSULTANTS HUNSAKER & ASSOC
SUITE 100 SUITE 200
5900 PASTEUR CT 10179 HUENNEKENS ST
CARLSBAD CA 92008 SANDIEGO CA 92121
WESTERN ,PACIFIC HOUSING J-ENNA CONTRACTING GROUP
SUITE 107 3103 VILLA WY
2385 CAMINO VIDA ROBLE NEWPORT BEACH CA 92663
CARLSBAD CA 92009
MICHELLE BLUMEN
SD CO APT ASSOCIATION STE 327 ROY LATAS
2727 CAMINO DEL RIO SOUTH 6862 BRIARWOOD DRIVE
SAN;DIEGO CA ‘92116 ,‘.. ‘:’ ‘,, ., _’ ,a ‘, CARLSBAj3 CA 92OQ9, ;:,;< . ..- _ I I,, , :