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HomeMy WebLinkAbout2011-04-26; City Council; 20513; INTENTION AMEND 2005-10 HOUSING ELEMENTCITY OF CARLSBAD - AGENDA BILL AB# MT DEPT. 20,513 G.4/26/11 CA DECLARATION OF CITY COUNCIL INTENTION TO AMEND THE 2005-2010 HOUSING ELEMENT TO PROVIDE UPDATED TIMELINES FOR IMPLEMENT A TION OF ACTIONS NECESSARY TO ACHIEVE GENERAL PLAN CONSISTENCY DEPT. HEAD CITY ATTY. CITY MGR.lL/ ' RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2011-068 DECLARING its intent to amend the 2005-2010 Housing Element to provide updated timelines for implementation of actions necessary to achieve general plan consistency. ITEM EXPLANATION: On December 22, 2009, the City Council adopted Resolution No. 2009-322 approving the 2005- 2010 Housing Element and the related Mitigated Negative Declaration. As adopted, the Housing Element set forth programs to be utilized to provide housing for all economic segments of the community, including those with low and moderate income, in order to meet the City's share of the Regional Housing Needs Assessment. In order to comply with the requirements of Government Code Section 65583(c) the 2005-2010 Housing Element identifies actions in Program 2.1 that will be taken to make sites available for housing during the planning period that could not be accommodated on sites identified in the inventory, each with a timeline for implementation, as follows: The City shall process a General Plan amendment(s) to redesignate a minimum net acreage of each site in Table 6-1 to RH and require that the redesignated sites be developed at a minimum density of 20 units per acre. As part of this program, the City shall also process all necessary amendments to the Zoning Ordinance and other planning documents, such as master or specific plans; The City shall process a General Plan amendment(s) to redesignate a minimum net acreage of each site in Table 6-2 to RMH and require that the redesignated sites be developed at a minimum density of 12 units per acre. As part of this program, the City shall also process all necessary amendments to the Zoning Ordinance and other planning documents, such as master or specific plans; DEPARTMENT CONTACT: Ronald R. Ball 760-434-2891 rball@carlsbadca.gov FOR C/7Y CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ann nn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES nnnn The City shall process General Plan amendments to establish minimum densities of 12 units per acre and 20 units per acre for the RMH and RH land use designations, respectively, except for those RH designated properties in the Beach Area Overlay Zone; The City shall process amendments to the Village Redevelopment Master Plan and Design Manual and/or other planning documents as necessary to establish, for residential projects and mixed use projects with residential components within the Village Redevelopment Area, minimum densities equal to 80% of the maximum of the density range. For land use districts 1-4 (density range of 15 - 35 units per acre), as specified in the Carlsbad Village Redevelopment Master Plan and Design Manual, 80% shall be 28 units per acre. For land use districts 5 - 9 (density range of 15 - 23 units per acre), 80% shall be 18 units per acre. Furthermore, the City shall approve modifications to development standards of the Carlsbad Village Redevelopment Master Plan and Design Manual if a project satisfactorily demonstrates as determined by the City that such modifications are necessary to achieve the minimum densities; The City shall process amendments to the General Plan and Zoning Ordinance and process other planning documents as necessary to establish and permit the minimum densities, areas, and land uses as described in Section 3 and specified in Tables 3-4, 3-6 and 3-9 for the Barrio Area; The City shall amend its Zoning Ordinance, General Plan, and other land use documents as necessary to permit residential in a mixed use format on shopping center sites and commercial areas with General Plan designations of "CL" and "R" and zoning designations of "C-L", "C-1" and "C-2", and /or other General Plan and zoning designations as appropriate. Mixed use residential on shopping center and commercial sites shall be at a minimum density of 20 units per acre. The City Council included timelines for implementation of each of these actions necessary to achieve General Plan consistency by specifying that the above components shall be implemented by October 2009, except for Quarry Creek which should be processed by May 2010. Throughout the current housing cycle, the City has made substantial progress in achieving its Housing Element goals and accomplishing its Programs but it has not met some of the specified deadlines which were set when the housing element update was initially drafted. SB 575 legislation enacted in 2009 requires revisions of the housing element for local governments within the regional jurisdiction of the San Diego Association of Governments (SANDAG) to be adopted no later than 18 months after adoption of the first regional transportation plan update ("RTP") to be adopted after September 30, 2010. It is currently estimated by SANDAG that the updated RTP will be adopted in October 2011, which would extend the current housing element cycle to on or about April 1, 2013 and it may be extended further if adoption of the RTP is delayed. After adoption of the 2005-2010 Housing Element, Friends of Aviara sued the City challenging the Mitigated Negative Declaration approved for the project and alleging that the City's Housing Element is inconsistent with other elements of the General Plan in violation of the law. On March 28, 2011, the Superior Court upheld the City's Mitigated Negative Declaration ruling that Friends of Aviara had failed to sustain its burden of presenting substantial evidence of a fair argument that the mitigation measures are inadequate to avoid any potentially significant environmental effects. The Court also ruled that in order to comply with California Government Code section 65583(c), the City must adopt a timeline for implementation of future actions, i.e. additional amendments to the General Plan necessary to accomplish General Plan consistency with the current Housing Element. Therefore, the City must amend Program 2.1 of the 2005-2010 Housing Element "Objectives and Time Frame " to adopt updated timelines for implementation of the actions set forth therein regarding adequate sites, all to be accomplished within the extended 2005-2010 housing element cycle. FISCAL IMPACT: Expenditure of staff time for researching and preparing a proposal for the updated timeline. ENVIRONMENTAL IMPACT: The recommended action is within the scope of the previously approved Mitigated Negative Declaration for the 2005-2010 Housing Element which was upheld by the San Diego Superior Court. EXHIBITS: 1. Resolution No. 2011-068 1 RESOLUTION NO. 2011-068 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION 3 TO AMEND THE 2005-2010 HOUSING ELEMENT TO 4 PROVIDE UPDATED TIMELINES FOR IMPLEMENTATION OF ACTIONS NECESSARY TO ACHIEVE GENERAL PLAN 5 CONSISTENCY 6 WHEREAS, on December 22, 2009, the City Council adopted Resolution No. 7 2009-322 approving General Plan Amendment GPA 03-02, the 2005-2010 Housing 8 g Element, and the related Mitigated Negative Declaration; and IQ WHEREAS, the adopted Housing Element set forth programs to be utilized to 11 provide housing for all economic segments of the community, including those with low 12 and moderate incomes, in order to meet the City's share of the Regional Housing 13 Needs Assessment; and 14 WHEREAS, in compliance with Government Code Section 65583(c) the Housing Element identifies actions in Program 2.1 that will be taken to make sites available for 16 housing during the planning period that could not be accommodated on sites identified 17 in the inventory, each with a timeline for implementation, as follows: 18 jg • The City shall process a General Plan amendment(s) to redesignate a minimum net acreage of each site in Table 6-1 to RH and require that the 20 redesignated sites be developed at a minimum density of 20 units per acre. As part of this program, the City shall also process all necessary amendments 21 to the Zoning Ordinance and other planning documents, such as master or specific plans; 22 • The City shall process a General Plan amendment(s) to redesignate a minimum net acreage of each site in Table 6-2 to RMH and require that the 24 redesignated site be developed at a minimum density of 12 units per acre. As part of this program, the City shall also process all necessary amendments to 25 the Zoning Ordinance and other planning documents, such as master or specific plans; 26 • The City shall process General Plan amendments to establish minimum 27 densities of 12 units per acre and 20 units per acre for the RMH and RH land 28 1 use designations, respectively, except for those RH designated properties in the Beach Area Overlay Zone; 2 The City shall process amendments to the Village Redevelopment Master Plan and Design Manual and/or other planning documents as necessary to 4 establish, for residential projects and mixed use projects with residential components within the Village Redevelopment Area, minimum densities equal 5 to 80% of the maximum of the density range. For land use districts 1 - 4 (density range of 15 - 35 units per acre), as specified in the Carlsbad Village 6 Redevelopment Master Plan and Design Manual, 80% shall be 28 units per acre. For land use districts 5 - 9 (density range of 15 - 23 units per acre), 80% 7 shall be 18 units per acre. Furthermore, the City shall approve modifications to development standards of the Carlsbad Village Redevelopment Master Plan and Design Manual if a project satisfactorily demonstrates as determined by the City that such modifications are necessary to achieve the minimum densities; 10 The City shall process amendments to the General Plan and Zoning Ordinance and process other planning documents as necessary to establish and permit the minimum densities, areas, and land uses as described in 12 Section 3 and specified in Tables 3-4, 3-6 and 3-9 for the Barrio Area; • The City shall amend its Zoning Ordinance, General Plan, and other land use 14 documents as necessary to permit residential in a mixed use format on shopping center sites and commercial areas with General Plan designations 15 of "CL" and "R" and zoning designations of "C-L", "C-1" and "C-2", and/or other General Plan and zoning designations as appropriate. Mixed use 16 residential on shopping center and commercial sites shall be at a minimum density of 20 units per acre. 10 WHEREAS, the City included in the adopted Housing Element timelines forlo 19 implementation to achieve General Plan consistency for each of the actions in Program 20 2.1, as follows: "Program components above shall be implemented by October 2009, except for Quarry Creek. General Plan and zoning amendments for Quarry Creek shall be processed by May 2010"; and 23 WHEREAS, achievement of these actions will provide internal consistency with 24 the other elements of the City's General Plan; and 25 26 27 28 1 WHEREAS, the State Department of Housing and Community Development 2 certified the adopted Housing Element on March 30, 2010, finding it "...in full compliance with State housing element law (Article 10.6 of the Government Code)"; and 4 WHEREAS, throughout the current housing cycle the City has made substantial 5 progress in achieving its Housing Element goals and accomplishing its Programs; and 6 WHEREAS, SB 575 legislation enacted in 2009 requires revisions of the housing 7 element for local governments within the regional jurisdiction of the San Diego o g Association of Governments (SANDAG) to be adopted no later than 18 months after 10 adoption of the first regional transportation plan update ("RTF") to be adopted after 11 September 30, 2010; and 12 WHEREAS, the current 4th revision housing cycle is scheduled to end no sooner 13 than April 2013 and may be extended further if adoption of the RTF is delayed; and 14 WHEREAS, on March 22, 2011, the City Council approved the Housing Element 15 annual progress report, including a notation that the Pontebello/Bridges at Aviara 16 project previously identified was withdrawn and identifying additional affordable units in 17 the Cantarini/Holly Springs and Quarry Creek projects; and 18 WHEREAS, in 2010, the City aided two households with home repair loans in 20 accordance with Program 1.4, which directs the City to provide assistance to primarily 21 lower-income and special needs homeowners so they can rehabilitate deteriorating 22 housing; and 23 WHEREAS, in 2008, in accordance with Program 2.1, the City developed inventories of vacant and underutilized properties in the Village and Barrio areas, and 25 amended various development standards in the Carlsbad Village Master Plan and 26 27 28 1 Design Manual to provide flexibility in those standards to facilitate the achievement of 2 higher density residential projects; and 3 WHEREAS, also in accordance with Program 2.1, the City maintains a monthly 4 "Real Estate Hot Sheet" that lists properties for lease and for sale in the Village area; 5 and 6 WHEREAS, in 2010, the City also drafted ordinances and text revisions as part 7 of planned amendments to the General Plan, Zoning Ordinance, and other documents; 8 g these efforts, prepared to implement part or all of various Housing Element programs, 10 including 2.1, 2.3, 3.13, and 3.14, will be completed within the current Housing Element 11 cycle; and 12 WHEREAS, in 2007 the City, in accordance with Program 2.2 amended various 13 development standards in the Zoning Ordinance Chapters 21.44, 21.45, and 21.82, and 14 in the Carlsbad Village Master Plan and Design Manual to provide flexibility in those 15 standards to facilitate the achievement of higher density residential projects; and 16 WHEREAS, to implement objectives of Program 2.4 encouraging energy 17 conservation, the Housing and Redevelopment Commission, on November 20, 2007, 18 adopted revisions to the Village Master Plan and Design Manual to permit development 2Q standard modifications if necessary to enable a development to qualify for a silver level 21 or higher LEED (Leadership in Energy and Environmental Design) certification; and, the 22 City adopted a Water Efficient Landscape Ordinance on May 11, 2010, and the 2010 23 Building Code, including the California Green Building Standards, on April 5, 2011; and WHEREAS, the City has in accordance with Program 3.1 continued to 25 implement its Inclusionary Housing Ordinance resulting in the construction of 26 approximately 1,000 housing units affordable to very low and low income families since 27 28 1 2003, the first year of the current Regional Housing Needs Assessment allocation 2 period; and 3 WHEREAS, the City has in accordance with Program 3.4, created 67 City 4 initiated or non-inclusionary affordable housing units in the Cassia Heights and 5 Roosevelt Gardens projects, the latter of which just completed construction in January 6 2011;and 7 WHEREAS, the City has in accordance with Program 3.5, assisted in the8 9 development of over 200 affordable units to date in the current Housing Element cycle; 10 and 11 WHEREAS, in accordance with Program 3.7, the City continues to maintain the 12 Housing Trust Fund, which had an approximate balance of $13.5 million as of January 13 2011, and to seek opportunities to disburse trust funds as it did for the Glen Ridge 14 affordable apartment and Roosevelt Gardens affordable condominium projects in 2007, and the Harding Street Senior Condominiums (Western Community Housing/Meta 16 Housing) in 2009; and 17 WHEREAS, on June 4, 2008, the Planning Commission in accordance with 18 Housing Element Program 3.10, which seeks to provide senior housing opportunities, 2Q approved the Harding Street Senior Condominiums Project which as approved would 21 add eight low income senior housing units and seven moderate income senior units; 22 and, in furtherance of this Program and Program 3.7, the Housing and Redevelopment 23 Commission on August 11, 2009, appropriated $3,750,000 in housing set aside funding to develop this project as a 50-unit, senior-restricted apartment complex, 100% 25 affordable to very low and low income renters; and 26 27 28 1 WHEREAS, on March 22, 2011, in accordance with Program 3.11, the City 2 Council approved a new Municipal Code Ordinance, Chapter 21.87, establishing a 3 procedure for making requests for reasonable accommodation for disabled persons in 4 land use, zoning and building regulations to comply with Fair Housing Law; and 5 WHEREAS, on August 24, 2010, the City Council revised the definition of a 6 "family" in Chapter 21.04 of the Municipal Code also in accordance with Program 3.11 7 and to comply with state housing law; and8 g WHEREAS, the City continues to monitor the construction and demolition of units 10 in the Coastal Zone per Program 3.19 of the Housing Element; and 11 WHEREAS, as required by Program 3.20, the City has prepared and continues 12 to prepare Annual Housing Element Progress Reports, the latest of which was accepted 13 by the City Council on March 22, 2011; and 14 WHEREAS, after adoption of the 2005-2010 Housing Element, Friends of Aviara sued the City challenging the Mitigated Negative Declaration approved for the project 16 and alleging that the City's Housing Element is inconsistent with other elements of the 17 General Plan, and 18 WHEREAS, on March 28, 2011, the Superior Court upheld the City's Mitigated 2Q Negative Declaration ruling that Friends of Aviara had failed to sustain its burden of 21 presenting substantial evidence of a fair argument that the mitigation measures are 22 inadequate to avoid any potentially significant environmental effects; and 23 WHEREAS, the Court also ruled that the City must adopt a timeline for implementation of necessary additional amendments to the General Plan in order to 25 comply with California Government Code section 65583(c). 26 27 28 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 2 Carlsbad, California, as follows: 1. That the above recitations are true and correct. 4 2. That the City Council declares its intention to amend Program 2.1 of the 5 2005-2010 Housing Element "Objectives and Time Frame" to provide updated timelines for implementation of the actions set forth therein regarding adequate sites, all to be 6 accomplished within the extended 2005-2010 housing element cycle. 7 3. That the Planning Director is directed to prepare recommendations for updated timelines for implementation of the actions regarding adequate sites set forth in 8 the Housing Element, to be accomplished within the extended 2005-2010 housing 9 element cycle. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 26th day of April, 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. MATT HALL, Mayor RRAINE M. WOOD, City Clerk -\>'«"/, '