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HomeMy WebLinkAbout2006-09-12; City Council; 18712; Housing Element Update ProcessingCITY OF CARLSBAD - AGENDA BILL x*zrros*x AB# 18,712 MTG. g-12-06 DEPT. PLN HOUSING ELEMENT UPDATE nfi^>y^ef£k^f AI^PROCESSING life? /iffDEPT. HEAD WJL> A CITY ATTY. j^^ CITYMGR. (jA-- RECOMMENDED ACTION: That the Council ADOPT Resolution No. 2006-260 directing the Planning Director to pursue State Housing and Community Development Department certification of the Housing Element Update. ITEM EXPLANATION: As required by State Law, the City has been processing an update to the General Plan Housing Element. Typically, Housing Element updates must be reviewed and certified by the California Housing and Community Development Department (HCD) however, jurisdictions within San Diego County are authorized to "self-certify" provided they have met certain housing production goals and the Element substantially complies with State Law. During May and July of 2005, staff presented the two possible strategies for processing the City's Housing Element Update to the City Council at a study session and briefings. At that time it was recommended that the City self-certify the Housing Element rather than processing it through State HCD. The City Council concurred. After recent discussions with Housing Element consultants and State HCD, a review of certification strategies in other jurisdictions within San Diego County, and considering the new programs proposed to meet Carlsbad's Regional Housing Needs Allocation (RHNA), staff is now recommending that the City pursue certification though the State. The Housing Element consultants and HCD staff have clearly stated that self-certified Housing Elements are not favorably received by the State and housing advocates; thereforer self- certification could significantly increase scrutiny of the Element. Several other jurisdictions in San Diego County that were intending to self-certify have now chosen to pursue State HCD certification. Additionally, certification by HCD provides the City with a rebutable presumption that the Housing Element is legally valid which shifts the burden of proof to show that it is inadequate to the challenger. Another reason for the recommendation relates to the eligibility for certain funds and/or grants distributed to local jurisdictions through SANDAG and HCD. In March 2006, the SANDAG Board of Directors adopted a program that ties the certification status of a Housing Element to eligibility for discretionary funds. Attached is a list of the funds that are and are not subject to FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED "Q D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES O Page 2 - GPA 05-03 - Housing Element Update Processing the Board's RHNA implementation program decision. According to the program, if a jurisdiction does not implement the Housing Element policies needed to satisfy their RHNA, it is not eligible for funding. In addition, there are many efforts on the state level to disqualify self-certified jurisdictions from HCD grant eligibility. FISCAL IMPACT: The differences in fiscal impact to the City between pursuing certification through State HCD and self-certifying the Housing Element update are negligible. ENVIRONMENTAL IMPACT: The processing strategy for certification of the Housing Element update does not constitute a project and is not subject to the California Environmental Quality Act (CEQA). The actual General Plan Amendment for the Housing Element update will undergo the appropriate level of environmental review pursuant to CEQA concurrent with processing. EXHIBITS: 1. Council Resolution No. 2006-260 2. SANDAG Funding Sources related to the RHNA Implementation Program DEPARTMENT CONTACT: Chris DeCerbo 760-602-4611 cdece@ci.carlsbad.ca.us 1 RESOLUTION NO. 2006-260 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DIRECTING STAFF REGARDING 3 THE PROCESSING OF THE CITY'S GENERAL PLAN HOUSING ELEMENT UPDATE. 4 CASE NAME: HOUSING ELEMENT UPDATE CASE NO.: GPA 03-02 5 WHEREAS, State Housing Law requires the update of the General Plan Housing 6 Element for all cities and counties every five years, unless extended, and; 7 WHEREAS, State Housing Law allows jurisdictions within San Diego County to 8 self-certify their Housing Element updates as substantially complying with State Law 9 WHEREAS, on May 16, 2005, the City Council directed staff to process the Housing Element update using the self-certification process, and; WHEREAS, changed circumstances have occurred and new information has been provided regarding the potential impacts of self-certification; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council directs the Planning Director to submit the Housing 18 Element update to the State of California Housing and Community Development Department for certification. 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of September, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None :A"UDE A LEWIS, Mayo? ATTEST: tORRAlNE M. WOOD, City Clerk (SEAL) EXHIBIT 2 DISCRETIONARY FUNDING PROGRAMS SUBJECT TO BOARD RHNA MEMORANDUM (LOCAL JURISDICTION PROJECTS) Funding Program Total Funding Timeframe Available Current Federal • Transportation Enhancements (TE) Program - Pilot Smart Growth Incentive Program State • Transportation Development Act (TDA) Article 3 - Non-motorized Program Local • TransNet Bicycle Program $19.1 M $6.4 M $2.4 M (FY 2006 allocation) $2.5 M (FY 2007 allocation) $3M FY 2006 to FY 2010 FY 2010 to FY 2011 Annual apportionments $1 M annually from 2006 to 2008 Future Federal1 • To be determined (TBD) State1 • TBD Local • TransNet Bicycle, Pedestrian and Neighborhood Safety Program • Trans/Vet Smart Growth Incentive Program • TransNet Senior Transportation Mini-grant Program Regional Rail Grade Separation Program (Funding source TBD) TBD TBD $280 M* $285 M* $73 M* TBD TBD TBD 2009 to 2048 TBD • $100 M in Revenue Constrained • $200 M in MOBILITY 2030 Plan * In 2002 dollars 1 In prior funding cycles, the SANDAG Board of Directors has allocated funding to local jurisdictions through a competitive process for Regional Arterial System, Traffic Signal Optimization, Highway Noise Barrier, Regional Bikeway, and Transportation Enhancements programs. To the extent that such competitive funding programs are made available in the future, they would be subject to the Board RHNA memorandum. FUNDING PROGRAMS NOT SUBJECT TO BOARD RHNA MEMORANDUM Current Funding Programs Federal • Regional Surface Transportation Program (RSTP)2 • Congestion Mitigation & Air Quality (CMAQ)2 • Transportation Enhancement (TE) Program2 • Federal Transit Administration (FTA) Urbanized Area Formula Program (Section 5307) • FTA Fixed Guideway Modernization Program (Section 5309 Rail Mod) • FTA Section 5310 Elderly & Disabled Program State2 • State Transportation Improvement Program (STIP) - Regional Improvement Program (RIP)2 • STIP - Interregional Improvement Program (IIP) • State Highway Operation and Protection Program (SHOPP) • TDA Article 4 - General Public Transit Services (Fixed Transit Route Services) • TDA Article 4.5 - Community Transit Service (Accessible Service for the Disabled) • TDA Article 8 - Special Provisions (Express Bus and Ferry Services) • TDA Planning and Administration • State Transit Assistance (STA) Local • TransNet Highway Program • TransNet Transit Program • TransNet Local Streets & Roads Program Future Funding Programs Federal - same as current programs above State - same as current programs above Local 1. TransNet Congestion Relief Program - Major Transportation Corridor Improvements a. Highway & transit capital projects b. Operating support for bus rapid transit (BRT) & rail transit capital improvements 2. TransNet Congestion Relief Program - Transit System Services Improvements & Related Programs 3. TransNet Congestion Relief Program - Local System Improvements & Related Programs a. Local Street & Road Program 4. Environmental Mitigation Program (EMP)2 5. TransNet Administration and Independent Taxpayer Oversight Committee (ITOC) 1 There are a variety of federal and state discretionary funding programs allocated directly by Caltrans that provide funding to local jurisdictions (e.g., Highway Bridge Repair & Replacement [HBRR], Safe Routes to School, etc.). Because SANDAG does not have decision-making authority over these funding programs, they would not be subject to the Board RHNA memorandum. 2 With the exception of the EMP funds, these funds (STIP-RIP, RSTP, CMAQ, TE) are being used to match the TransNet Early Action Program (EAP) and other high priority regional projects. If, however, some portion of these funds were allocated by the SANDAG Board of Directors to localjurisdictions through a competitive process, they would be subject to the Board RHNA memorandum and this policy. 10