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HomeMy WebLinkAbout2002-12-17; City Council; 17025; Excess Dwelling Unit Bank - Rev Council Policy 43CITY OF CARLSBAD - AGENDA BILL AB# 17,025 MTG. 1211 7/02 DEPT. CA TITLE: COUNCIL POLICY 43 EXCESS DWELLING UNIT BANK - REVISED I DEPT. HD. I I CITY ATTY. &I RECOMMENDED ACTION: That the City Council adopt Resolution No. 2002-350, revising City Council Policy 43. ITEM EXPLANATION: At its meeting of 12/3/02, the City Council approved revised Council Policy 43 and directed the City Attorney to return with the revised policy including an amendment to the final paragraph which reads: The number of excess units allocated to a particular “qualifying” project shall be at the sole discretion of the City Council, Planning Commission or Planning Director as appropriate and shall be based on the importance of the characteristic possessed by the projects or, where a project possesses multiple characteristics, the number and importance of the characteristics. In approving a request for allocation of excess dwelling units, the City Council shall consider the location of the requesting project and the compatibility of increased density with existing adjacent residential neighborhoods in accordance with the applicable principles of the General Plan. Council should satisfy itself that the changes made reflect its direction in this regard. ENVIRONMENTAL REVIEW: Staff has determined that this policy change would not be subject to the California Environmental Quality Act pursuant to the CEQA Guidelines, Section 15061 (3). That is, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Since the proposed policy would have the effect of reducing the potential number of dwelling units that could be built in Carlsbad, the policy change not only creates no environmental effects, but also eliminates potential future environmental effects of those units that would not be built. FISCAL IMPACT: Previously, staff provided City Council with a report entitled “Analysis of the Excess Dwelling Unit Bank of the Growth Plan (GMP).” This report evaluated fiscal impacts to public facilities and services and general revenues of the city on the assumption that the entire excess dwelling unit bank might be eliminated. While eliminating the entire bank is not the current proposal, the discussion, however, is still on point. The discussion from the original analysis is here provided in its entirety: “In order to understand the impact on financing and constructing future facilities, it is important to understand the City’s approach to: c Agenda Bill No. 17,025 Page 2 1) Determining the type and size of facilities needed for build-out, and; 2) Ensuring that sufficient funds are available to pay for these facilities. When determining the type and size of facilities needed to meet future growth demands, facilities sufficient to meet, or exceed, the needs of any potential future development are selected and sized. This approach of slightly over designing facilities is often prudent based on the economies of scale associated with construction, and the increased cost of retrofitting structures already in place, and is especially true for infrastructure facilities such as sewer collection and water distribution. The approach to estimating future revenues to pay for facilities is based on the assumption that the minimum number of dwelling units will be constructed. Fees from dwelling units, which have a probability of not developing, are excluded from projected revenues. As a result, the CIP funding program does not include revenues from excess dwelling units. The result of this conservative financing approach has shown that we expect to have sufficient funds available to build all facilities as currently shown in the Capital Improvement Program, even if the excess units are eliminated. This means that the city could decide to build the facilities even though they would exceed what would be required by the standards of the Growth Management Plan and even though the excess dwelling units are eliminated. If certain facilities are scaled down, some of the fee programs may need to be revised. A reduction in residential development equates to fewer taxpayers, and thus, reduced General Revenues (property taxes, sales taxes, utility charges). Although there will be fewer services needed in some areas, such as reduced utility usage and possibly reduced maintenance and protection services, the per capita operating costs of facilities (Parks and Libraries, for example) will be greater with fewer property owners paying for a larger share of these facilities than originally anticipated." 1. Resolution No. 2002-350 2. Proposed Revision to Council Policy 43. 3. Redline/Strikeout Version of Proposed Revision to Council Policy 43 RESOLUTION NO. 2002- 350 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING REVISIONS TO CITY COUNCIL POLICY NO. 43 REGARDING THE NUMBER AND ALLOCATION OF DWELLING UNITS FROM THE EXCESS DWELLING UNIT BANK OF THE GROWTH MANAGEMENT PLAN. WHEREAS, City Council Policy No. 43 currently contains the Council's policy regarding the criteria for allocation of "excess" dwelling units from the Growth Management Plan's Excess Dwelling Unit Bank; and WHEREAS, the City Council has determined to revise Policy No. 43 to establish the number of units in the Excess Dwelling Unit Bank and the characteristics a project shall possess in order to qualify for allocation of excess units; and WHEREAS, the City Council reviewed an analysis of the excess dwelling units prepared by staff; and WHEREAS, the City Council named a "Citizens' Committee to Review Council Policy 43 and Excess Dwelling Units", which Committee subsequently met eight times; and WHEREAS, the City Council received and considered the final report and recommendations of the Citizens' Committee; and WHEREAS, the City Council has determined that the number of excess dwelling units should be reduced and that projects should qualify for consideration of allocation of the excess units based upon specific characteristics of the projects; and WHEREAS, a major revision to existing City Council Policy No. 43 is necessary in order to effectuate the Council's determination, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That City Council Policy No. 43 is hereby revised as shown on the copy of the revised policy on file with the City Clerk. 3. That the City Clerk is hereby authorized to provide a copy of the revised Policy No. 43 to all city departments and to those interested persons who have previously requested a copy. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 17th day Of DECEMBER I 2002 by the following vote, to wit: AYES: Council Members Hall, Packard ABSENT: None NOES: None AwhM ORRAI E M. WOOD, City Clerk (SEA d COUNCIL POLICY STATEMENT CITY OF CARLSBAD - General Subject: Proposition E “Excess Dwelling” Unit Bank Specific Subject: Established Policy for Number And Allocation of Proposition E ”Excess” Dwelling Units Page 1 of 2 Policy No. 43 Date Issued December 17, 2002 Effective Date December 17, 2002 Cancellation Date Supersedes No. Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To establish the City Council’s policy regarding the number and the criteria for allocation of “excess” dwelling units which have become available as a result of residential projects being approved and constructed with less dwelling units than would have been allowed by the density control points of the Growth Management Plan approved by voters on November 4, 1986, as Proposition E. NUMBER OF DWELLING UNITS Notwithstanding the number of excess dwelling units that have accumulated in the city to date, as of the effective date of this policy, the number of excess dwelling units that are available for allocation to projects citywide is 2,800. Following the effective date of this policy additional dwelling units that become “excess” shall be added to the then-existing citywide balance. Excess units may be allocated to projects located in any quadrant so long as the number of residential units built in each quadrant does not violate the dwelling unit limitations established by Proposition E. STATEMENT OF POLICY Although it is not mandatory to use the excess dwelling units, the City Council authorizes consideration of allowing the excess units to be allocated to future “qualifying,” residential projects. In order to “qualify” for an allocation of excess units, a project shall possess one or more of the following characteristics: 1. Housing Development for lower-income households where a density increase is requested pursuant to state law or to implement the city mandated 15% low-income requirement of the lnclusionary Housing Ordinance. 2. Senior citizen housing. 3. Housing located in the Village Redevelopment Area or the South Carlsbad Coastal Redevelopment Area. 4. Transit-oriented, “smart growth” development projects where increased residential density is being placed in close proximity to major transit facilities, employment opportunities and commercial support services. 5. Projects approved for a land use change from non-residential to residential or projects containing a mix of residential and non-residential. 6. Single family (R-I) development in an infill area where the base zone of the property allows a slightly higher yield of units than would be allowed by the growth management control point of the property’s low or low-medium General Plan designation and where such yield would not exceed the maximum density at the top of the range of that General Plan designation by more than an additional 25 percent. 5 CITY OF CARLSBAD Page 2 of 2 1 COUNCIL POLICY STATEMENT I General Subject: Proposition E "Excess Dwelling" Unit Bank Specific Subject: Established Policy for Number And Allocation of Proposition E "Excess" Dwelling Units - Policy No. 43 Date Issued Effective Date Cancellation Date Supersedes No. - Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File The number of excess units allocated to a particular "qualifying" project shall be at the sole discretion of the City Council, Planning Commission or Planning Director as appropriate and shall be based on the importance of the characteristic possessed by the projects or, where a project possesses multiple characteristics, the number and importance of the characteristics. In approving a request for allocation of excess dwelling units, the City Council shall consider the location of the requesting project and the compatibility of increased density with existing adjacent residential neighborhoods in accordance with the applicable principles of the General Plan. CITY OF CARLSBAD I Page I of 2 COUNCIL POLICY STATEMENT Policy No. 43 Date Issued Effective Date December 17, 2002 Cancelkltion Date December 17, 2002 Supersedes No. General Subject: Proposition E “Excess Dwelling” Unit Bank Specific Subject: Established Policy for Number And Allocation of Proposition E ”Excess” Dwelling Units Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To establish the City Council’s policy regarding the number and the criteria for allocation of “excess” dwelling units which have become available as a result of residential projects being approved and constructed with less dwelling units than would have been allowed by the density control points of the Growth Management Plan approved by voters on November 4, 1986, as Proposition E. NUMBER OF DWELLING UNITS Notwithstanding the number of excess dwelling units that have accumulated in the city to date, as of the effective date of this policy, the number of excess dwelling units that are available for allocation to projects citywide is 2,800. Following the effective date of this policy additional dwelling units that become “excess” shall be added to the then-existing citywide balance. Excess units may be allocated to projects located in any quadrant so long as the number of residential units built in each quadrant does not violate the dwelling unit limitations established by Proposition E. STATEMENT OF POLICY Although it is not mandatory to use the excess dwelling units, the City Council authorizes consideration of allowing the excess units to be allocated to future “qualifying,” residential projects. In order to “qualify” for an allocation of excess units, a project shall possess one or more of the following characteristics: 1. Housing Development for lower-income households where a density increase is requested pursuant to state law or to implement the city mandated 15% low-income requirement of the lnclusionary Housing Ordinance. 2. Senior citizen housing. 3. Housing located in the Village Redevelopment Area or the South Carlsbad Coastal Redevelopment Area. 4. Transit-oriented, “smart growth” development projects where increased residential density is being placed in close proximity to major transit facilities, employment opportunities and commercial support services. 5. Projects approved for a land use change from non-residential to residential or projects containing a mix of residential and non-residential. 6. Single family (R-I) development in an infill area where the base zone of the property allows a slightly higher yield of units than would be allowed by the growth management control point of the property‘s low or low-medium General Plan designation and where such yield would not exceed the maximum density at the top of the range of that General Plan designation by more than an additional 25 percent. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Proposition E "Excess Dwelling" Unit Bank Specific Subject: Established Policy for Number And Allocation of Proposition E "Excess" Dwelling Units L Page 2 of 2 Policy No. 43 Date Issued Effective Date Cancellation Date Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File The number of excess units allocated to a particular "qualifying" project shall be at the sole discretion of the City Council, Planning Commission or Planning Director as appropriate and shall be based on the importance of the characteristic possessed by the projects or, where a project possesses multiple characteristics, the number and importance of the characteristics. In approving a request for allocation of excess dwelling units, the City Council shall consider the location of the requesting project and the compatibility of increased density with existing adjacent residential neighborhoods in accordance with the applicable principles of the General Plan.