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HomeMy WebLinkAbout2017-03-28; City Council; ; Adopt a resolution approving a General Plan Amendment for the 2017 Housing Element UpdateG CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: March 28, 2017 Mayor and City Council Kevin Crawford, City Managerv-{ Scott Donnell, Senior Planner scott.donnell@carlsbadca.gov or 760-602-4618 CAReview'L Subject: Adopt a resolution approving a General Plan Amendment for the 2017 Housing Element Update Project Name: Project No.: 2017 Housing Element Update GPA 16-02 Recommended Action That the City Council hold a public hearing and adopt a resolution approving General Plan Amendment GPA 16-02 for the 2017 Housing Element Update. Executive Summary The city is updating its Housing Element, one of seven state-mandated elements of the General Plan . The current Housing Element was approved as part of the General Plan in September 2015. Although the approved Element provides an eight-year housing plan for the planning period 2013- 2021, state law (SB 575, Steinberg) requires the city to develop a mid-planning period (four-year) Housing Element Update. Overall, the project can be characterized as more technical update than overhaul, primarily because the recently approved General Plan remains relevant and effective. In December 2016, the state Department of Housing and Community Development (HCD) determined the draft update, revised as required by the agency, met the statutory requirements of state housing element law (see Exhibit 8). In February of this year, both the Housing Commission and Planning Commission unanimously recommended approval of GPA 16-02. An adopted Housing Element is due to the state by April 30, 2017. Discussion The Housing Element is designed to provide the city with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing within the community. Per state law, the Housing Element has two main purposes: 1. To provide an assessment of both current and future housing needs and constraints in meeting these needs; and 2. To provide a strategy that establishes housing goa ls, policies, and programs. Item #9 March 28, 2017 Page 1 of 82 The 2017 Housing Element Update fulfills these purposes through sections that highlight or focus on public participation and Carlsbad's housing needs, resources, and constraints (and mitigating opportunities). This information, along with appendices that review current housing programs and the city's available residential sites inventory, support the housing plan, which establishes Carlsbad's strategy to meet its housing needs. The revisions proposed to the Housing Element are summarized below. The limited scope of the changes demonstrates the continued effectiveness of the document. • In the Element's introduction, staff has identified new land use laws (not affecting the Housing Element) that the city will need to address and has described the public review and outreach associated with the current and proposed Elements. • Throughout, demographic and other data that support sections assessing housing needs, resources available, and constraints and mitigating opportunities have been updated. • Tables identifying approved and under construction projects, including affordable housing projects, as well as available residential land have been revised; these tables show the city continues to meet its Reginal Housing Needs Assessment (RHNA) obligations. • Existing text has been modified to provide clarity or additional information, on, for example, inclusionary housing, flexibility in meeting development standards, and fee deferral. • Housing plan programs have been updated and clarified, but no changes to goals or policies are proposed. In addition, one program regarding the preservation of at-risk housing has been deleted as it is no longer necessary. • Revisions have been completed to appendices to revise the analysis of housing program accomplishments and the parcel by parcel inventory of available residential sites. For a more detailed review of the changes proposed, please refer to the Planning Commission staff report on the 2017 Housing Element Update, attached as Exhibit 3. While numerous Housing Element tables and charts have been revised to reflect recent demographics and other information, no significant changes to programs are recommended and no land use changes are necessary. Furthermore, the proposed update demonstrates the city continues to produce affordable housing and meet its RHNA obligations. On February 9, 2017, the Housing Commission conducted a public meeting and recommended approval (5-0). Nine speakers commented on a variety of topics, including the size of second dwelling units, increasing rents, and housing for homeless women. No speaker opposed the proposed update. On February 15, 2017, the Planning Commission held a public hearing and also recommended approval (7-0). Three speakers shared about the price of land in the Barrio, the difficulty in providing affordable housing in coastal cities, and the present need to address housing issues. Again, no one expressed opposition to the project. By proposing no substantive revisions and no changes to existing land uses, land use patterns, or densities, the 2017 Housing Element Update maintains consistency with the other General Plan elements and the Carlsbad Community Vision. In particular, the proposed update is consistent with core values regarding small town feel, beach community character and connectedness as Item #9 March 28, 2017 Page 2 of 82 well as neighborhood revitalization, community design, and livability. Further, by making no changes to General Plan densities in areas such as the Village and Barrio, the update does not modify smart growth-related policies referenced in the City's General Plan and Climate Action Plan (CAP). Fiscal Analysis Staff has prepared the 2017 Housing Element Update. Minor project costs are associated with document reproduction. Next Steps City Council's action on this item is final. If approved, city staff will submit the 2017 Housing Element Update to HCD by the end of April for its final determination of compliance with state housing law. Environmental Evaluation (CEQA) As part of its approval of the Comprehensive General Plan Update on September 22, 2015, the City Council adopted City Council Resolution No. 2015-242, certifying Environmental Impact Report EIR 13-02 and adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. The proposed update to the Housing Element is within the scope of the prior environmental review documents, and no further environmental documentation is required per CEQA Guideline Section 15162. Public Notification Information regarding public notification of this item such as mailings, public hearing notices posted in the newspaper and on the City website are available in the Office of the City Clerk. Additionally, community participation is an important component of the Housing Element update and a summary of steps to engage the community as well as the public's participation is provided in Section 10.1 (Introduction) of the 2017 Housing Element Update. Additional information on the public process is provided in the attached Planning Commission and Housing Commission staff reports. Exhibits 1. City Council Resolution 2. Planning Commission Resolution 7228 (without attachment) 3. Planning Commission staff report dated February 15, 2017 4. Planning Commission minutes dated February 15, 2017 5. Housing Commission Resolution 2017-001 (without attachment) 6. Housing Commission staff report dated February 9, 2017 (without attachments) 7. Housing Commission minutes dated February 9, 2017 8. December 20, 2016 State Department of Housing and Community Development letter of compliance 9. 2017 Housing Element Update document (previously distributed; copy on file in the Planning Division; copies are also available at city libraries and on the city's website) Item #9 March 28, 2017 Page 3 of 82 RESOLUTION NO. 2017-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE HOUSING ELEMENT OF THE GENERAL PLAN TO ADOPT AN UPDATE OF THE HOUSING ELEMENT FOR THE 2013-2021 HOUSING CYCLE AS REQUIRED BY THE CALIFORNIA GOVERNMENT CODE. CASE NAME: 2017 HOUSING ELEMENT UPDATE CASE NO: GPA 16-02 EXHIBIT 1 WHEREAS, the 2017 Housing Element Update serves as the mid-planning period update required by state law (SB 575, Steinberg) and will provide the housing plan for the second half of the eight-year (23013-2021) planning period, or from April 30, 2017, through April 29, 2021; and WHEREAS, because the recently approved General Plan and the Housing Element remain relevant and effective, the 2017 Housing Element Update includes no significant changes to programs or policies and no land use changes and demonstrates that Carlsbad continues to meet its share of the Regional Housing Needs Assessment (RHNA); and WHEREAS, the city submitted the 2017 Housing Element Update document to the California Department of Housing and Community Development (HCD) for initial review as required by state law. On December 20, 2016, HCD determined the draft update, revised as required by the agency, met the statutory requirements of state housing element law; and WHEREAS, the city has provided the public with opportunities to review and comment on housing issues and the 2017 Housing Element Update, including {1) a noticed Housing Commission workshop (with workshop notices mailed to stakeholders and interested parties) to discuss housing issues on September 22, 2016; (2) the release of the first draft of the update via an October 27, 2016 posting on the city's website as part of a webpage with project-related information; {3) the placement of paper copies of the first draft ofthe update at the city's libraries, Faraday Center, Senior Center, and the city clerk's office on November 10, 2016; (4) notice of the update's availability for public review Item #9 March 28, 2017 Page 4 of 82 and comment and locations where it could be reviewed in a news release, newspaper ad, a city website posting, and in a mailing, all on November 14; (5) in the November 14 notice, announcement of a 30- day public review and comment period from November 15 to December 15, 2016; (6) a city website posting of the 2017 Housing Element Update, revised according to the changes required by HCD, on January 18, 2017, and its distribution to city libraries and other city facilities the following day; and, (7) a news release and stakeholder mailing on January 23 and 24, 2017, that provided project updates and advised of upcoming public hearings on the proposed project; and WHEREAS, on February 9, 2017, the Housing Commission held a duly noticed public meeting as prescribed by law to consider GPA 16-02 and adopted Resolution No. 2017-001, recommending the City Council approve GPA 16-02; and WHEREAS, on February 15, 2017, the Planning Commission held a duly noticed public hearing as prescribed by law to consider GPA 16-02 and adopted Resolution No. 7228, recommending the City Council approve GPA 16-02; and WHEREAS, the City Council held a duly noticed public hearing as prescribed by law to consider GPA 16-02; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to GPA 16-02; and WHEREAS, the findings of the Housing Commission in Resolution No. 2017-001 and the findings of the Planning Commission in Resolution No. 7228 constitute the findings of the City Council in this matter. 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. Item #9 March 28, 2017 Page 5 of 82 EXHIBIT 1 2. That the City Council hereby approves General Plan Amendment GPA 16-02 for the 2017 Housing Element Update. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of March, 2017, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: None. ~ ;;JnALC Mayor 6~~~,_____ BARBARA ENGLESO~City Clerk Item #9 March 28, 2017 Page 6 of 82 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 PLANNING COMMISSION RESOLUTION NO. 7228 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE HOUSING ELEMENT OF THE GENERAL PLAN TO ADOPT AN UPDATE OF THE HOUSING ELEMENT FOR THE 2013-2021 HOUSING CYCLE AS REQUIRED BY THE CALIFORNIA GOVERNMENT CODE. CASE NAME: CASE NO: 2017 HOUSING ELEMENT UPDATE GPA 16-02 EXHIBIT 2 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application with the City of Carlsbad to adopt a General Plan Amendment for the 2017 Housing Element Update, a document that affects properties throughout Carlsbad; and WHEREAS, although the current Housing Element of the General Plan, adopted September 2015, provides an eight-year housing plan for the planning period 2013-2021, state law (SB 575, Steinberg) requires the city to develop a mid-planning period (four-year) Housing Element Update; and WHEREAS, the 2017 Housing Element Update serves as the mid-planning period update and will provide the housing plan for the second half of the eight-year planning period, or from April 30, 2017, through April 29, 2021; and WHEREAS, because the recently approved General Plan and the Housing Element remain relevant and effective, the 2017 Housing Element Update includes no significant changes to programs or policies and no land use changes and demonstrates that Carlsbad continues to meet its share of the Regional Housing Needs Assessment (RHNA); and WHEREAS, the city submitted the document to the California Department of Housing and Community Development (HCD) for initial review as required by state law. On December 20, 2016, HCD determined the draft update, revised as required by the agency, met the statutory requirements of state housing element law; and WHEREAS, the city has provided the public with opportunities to review and comment on housing issues and the 2017 Housing Element Update, including (1) a noticed Housing Commission workshop (with workshop notices mailed to stakeholders and interested parties) to discuss housing issues Item #9 March 28, 2017 Page 7 of 82 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 on September 22, 2016; (2) the release of the first draft of the update via an October 27, 2016 posting on the city's website as part of a webpage with project-related information; (3) the placement of paper copies of the first draft of the update at the city's libraries, Faraday Center, Senior Center, and the city clerk's office on November 10, 2016; (4) notice of the update's availability for public review and comment and locations where it could be reviewed in a news release, newspaper ad, a city website posting, and in a mailing, all on November 14; (5) in the November 14 notice, announcement of a 30-day public review and comment period from November 15 to December 15, 2016; (6) a city website posting of the 2017 Housing Element Update, revised according to the changes required by HCD, on January 18, 2017, and its distribution to city libraries and other city facilities the following day; and, (7) a news release and stakeholder mailing on January 23 and 24, 2017, that provided project updates and advised of upcoming public hearings on the proposed project; and WHEREAS, additional opportunities for public review and input will occur as part of the Housing Commission, Planning Commission, and City Council public hearings to consider adopting the 2017 Housing Element Update; WHEREAS, implementation of the City of Carlsbad's housing programs have significantly contributed to the production of affordable housing as nearly 2,500 housing units affordable to lower income families have been developed in the city since passage of the lnclusionary Housing Ordinance in 1991; WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit A dated January 2017, attached hereto and on file in the Carlsbad Planning Division, 2017 HOUSING ELEMENT UPDATE -GPA 16-02, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on February 15, 2017, hold a duly noticed public hearing as prescribed by law to consider said request; and PC RESO NO. 7228 -2-Item #9 March 28, 2017 Page 8 of 82 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 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 General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of 2017 HOUSING ELEMENT UPDATE -GPA 16-02, based on the following findings: Findings: 1. 2. 3. 4. 5. The 2017 Housing Element Update is necessary to ensure the General Plan Housing Element remains consistent with state housing law as found in the California Government Code, commencing with Section 65580. Through its Housing Plan, the 2017 Housing Element Update ensures the city will continue to provide all required and necessary affordable housing programs, policies and regulations to successfully meet a priority of Government Code Section 65580{a), which states "the availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order." The 2017 Housing Element Update maintains the city's compliance with growth projections as determined by the State Department of Housing and Community Development and as allocated by the San Diego Association of Governments through the RHNA process. The 2017 Housing Element Update, revised by the city according to California Department of Housing and Community Development comments and incorporated as Exhibit A to this resolution, meets the statutory requirements of state housing element law. The 2017 Housing Element Update is consistent with the applicable elements of the General Plan as demonstrated by analysis of the project with the following Land Use and Community Design Element goals. A. Goal 2-G.1 {"Maintain a land use program with amount, design and arrangement of varied uses that serve to protect and enhance the character and image of the city as expressed in the Carlsbad Community Vision, and balance development with preservation and enhancement of open space."). The update makes no substantive changes to the Housing Element or its housing plan adopted as part of the General Plan on September 22, 2015, and makes no changes to existing land uses, land use patterns, or densities. Therefore, the update maintains consistency with the land use program approved as part of the General Plan on September 22, 2015, and by extension does not conflict with the goals and policies of the elements that have bearing on or are impacted by residential land uses, such as the Mobility Element, Open Space, Conservation, and Recreation Element, Public Safety Element, and Sustainability Element. PC RESO NO. 7228 -3-Item #9 March 28, 2017 Page 9 of 82 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 6. 7. B. Goal 2-G.4 ("Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility.") The update promotes housing for all economic segments at various densities, in different forms, and in locations throughout the city. C. Goal 2-G.14 ("Participate with other cities in the county, through the San Diego Association of Governments, in working towards solution of regional issues.") The update maintains compliance with Carlsbad's share of the RHNA for the 2013-2021 housing cycle. RHNA, an estimate of housing needed to accommodate forecasted growth, is allocated by SAN DAG across the San Diego region as a way to address regional housing issues. The 2017 Housing Element Update is consistent with the City's Local Coastal Program in that none of its policies or programs allow for degradation of agricultural or scenic resources, encroachment into environmentally sensitive areas, restriction of coastal access, or creation of geologic instability or erosion. The update also maintains a program intending to preserve and/or replace affordable housing within the Coastal Zone, as required by state law. The 2017 Housing Element Update is consistent with the City's Growth Management Program in that it does not conflict with Growth Management dwelling unit limitations and performance standards to ensure public facilities and services keep pace with development; and is consistent with a purpose and intent of the Growth Management Program, which is to provide quality housing opportunities for all economic segments of the community and to balance the housing needs of the region against the public service needs of Carlsbad's residents and available fiscal and environmental resources. PC RESO NO. 7228 -4- Item #9 March 28, 2017 Page 10 of 82 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 Planning Commission of the City of Carlsbad, California, held on February 15, 2017, by the following vote, to wit: AVES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Anderson, Black, Goyarts, L'Heureux, Montgomery and Siekmann JE~---.... ., CARLSBAD PLANNING COMMISSION DON NEU City Planner PC RESO NO. 7228 -s~ Item #9 March 28, 2017 Page 11 of 82 EXHIBIT 3 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION ltemNo. 0 Application complete date: N/A P.C. AGENDA OF: February 15, 2017 Project Planner: Scott Donnell Project Engineer: N/A SUBJECT: GPA 16-02 -2017 HOUSING ELEMENT UPDATE -Request for a recommendation of approval of a General Plan Amendment to revise the General Plan Housing Element. As an element of the General Plan, the Housing Element is a policy document applicable city-wide. The project is within the scope of the prior environmental documents certified and adopted in September 2015 for the Comprehensive General Plan Update, and no further environmental documentation is required per CEQA Guidelines Section 15162. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7228 RECOMMENDING APPROVAL of General Plan Amendment GPA 16-02 to the City Council based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND A. Overview The city is updating its Housing Element, one of seven state-mandated elements of the General Plan. The current Housing Element was approved as part of the General Plan in September 2015. Although the approved element provides an eight-year housing plan for the planning period 2013-2021, state law (SB 575, Steinberg) requires the city to develop a mid-planning period (four-year) Housing Element Update. Thus, the current element provides the housing plan for the first half of the planning period, or through April 29, 2017. The proposed update will provide the housing plan for the second half of the planning period, or from April 30, 2017 through April 29, 2021. Public participation in the update process began in September 2016 with a Housing Commission workshop on housing issues. The city created a project website and released the first draft of the updated element in early November and submitted the document to the California Department of Housing and Community Development (HCD) for initial review as required by state law. In December, HCD determined the draft update, revised as required by the agency, met the statutory requirements of state housing element law (Attachment 2). The 2017 Housing Element Update document, revised as required by HCD, is an exhibit to the recommended Planning Commission resolution. Staff posted the revised document on the project website on January 18 and distributed it to the libraries and other city facilities the following day. In addition to Planning Commission review of the project, the Housing Commission will also consider and make a recommendation on GPA 16-02 to the City Council. If the City Council approves the housing element update, staff will again submit it to HCD for a final compliance review. An adopted housing element is due to the state by April 30, 2017. Item #9 March 28, 2017 Page 12 of 82 GPA 16-02 2017 HOUSING ELEMENT UPDATE February 15, 2017 Overall, the proposed changes to the Housing Element can be characterized as more technical update than overhaul, primarily because the recently approved General Plan remains relevant and effective. While numerous tables and charts have been revised to reflect recent demographics and other information, no significant changes to policies or programs are recommended and no land use changes are necessary. Furthermore, the proposed update demonstrates the city continues to produce affordable housing and meet its Regional Housing Needs Assessment {RHNA) obligations. RHNA is discussed in a separate section below. B. Purpose and Contents The Housing Element is designed to provide the city with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing within the community. A priority of both state and local governments, Government Code Section 65580 states the intent of creating housing elements: The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order. Per state law, the Housing Element has two main purposes: 1. To provide an assessment of both current and future housing needs and constraints in meeting these needs; and 2. To provide a strategy that establishes housing goals, policies, and programs. As noted, the Housing Element provides an eight-year housing plan {April 30, 2013 April 29, 2021), which differs from the city's other General Plan elements that cover a much longer period. The Housing Element serves as an integrated part of the General Plan, but is updated more frequently to ensure its relevancy and accuracy. Additionally, its mandated review by the state is unique. The existing and proposed Housing Element identify strategies and programs that focus on: 1. Conserving and improving existing affordable housing; 2. Maximizing housing opportunities throughout the community; 3. Assisting in the provision of affordable housing; 4. Removing governmental and other constraints to housing investment; and 5. Promoting fair and equal housing opportunities. Similar to the current Housing Element, the proposed 2017 Housing Element Update has the following major components: 1. An introduction to review Housing Element requirements, the public participation process, and the document's relationship to the Community Vision and other General Plan elements (Section 10.1); 2. A profile and analysis of the city's demographics, housing characteristics, and existing and future housing needs {Section 10.2); 3. A review of resources available to facilitate and encourage the production and maintenance of housing, including land available for new construction, financial and administrative resources, and opportunities for energy conservation (Section 10.3); 4. An analysis on housing production and maintenance constraints, such as market, governmental, and environmental limitations to meeting the city's identified housing needs {Section 10.4); Item #9 March 28, 2017 Page 13 of 82 GPA 16-02 2017 HOUSING ELEMENT UPDATE February 15, 2017 Page3 5. An evaluation of housing programs, construction and preservation (Section 10.5); 6. A statement of the Housing Plan to address the city's identified housing needs, including formulation of housing goals, policies, and programs (Sections 10.6 and 10.7); 7. A table of the city's quantified housing objectives from 2010 to 2020, identifying units the city expects will be constructed, rehabilitated, conserved and assisted (Section 10.8); 8. Appendices supporting the analysis of housing programs, construction and preservation found in Section 10.5 (Appendix A) and the sites inventory introduced in Section 10.3 (Appendix B}. C. Proposed Revisions Following is a summary of changes proposed to each of the Housing Element sections and appendices described above. The summary helps underscore that the proposed element is truly more an update than comprehensive overhaul. 1. Section 10.1 (Introduction) -Revisions identify new state land use laws (not affecting the housing element) the city will need to address; also, staff has added new text regarding the approval of the current housing element as well as the public outreach and participation related to this update. 2. Section 10.2 (Housing Needs Assessment)-In the current Housing Element, the significant amount of demographic information in this section, based on the Census, the American Community Survey and various state and local sources, is now generally a few to several years old. Staff has updated this data and other information, such as the homeless counts and list of homeless shelters and services providers in Tables 10-10, 10-12 and 10-13. 3. Section 10.3 (Resources Available) As with Section 10.2, staff has updated information to reflect new projects and improvements. This section also identifies how the city, through recently constructed and approved projects and available vacant and underutilized land, continues to comply with its RHNA growth estimates. Supporting the data is a revised map -Figure 10-1-that identifies all vacant and underutilized sites. This sites inventory is supported by Appendix B and is updated through April 30, 2016. Additionally, at the end of Section 10.3, staff has reviewed "Opportunities for Energy Conservation" discussion to include new or recent information on the seawater desalination plant, the city's recycled water network, and the Climate Action Plan. 4. Section 10.4 (Constraints and Mitigating Opportunities)-Again, recommended revisions update facts and figures, such as the cost for vacant residential property in Carlsbad and the city's development fee schedule; staff has also added a comparison of city development fees to the total development costs for single-and multi-family construction. Further, existing text has been expanded or clarified, for example, to include a summary of the inclusionary housing ordinance and discussions on the flexibility that exists in meeting development standards and the city's program to defer development impact fees. 5. Section 10.5 (Review of Housing Programs} To the existing section data on housing construction and progress in the prior (2003-2012) RHNA cycle, staff has added new figures that report construction and progress in the current (2010-2020) RHNA cycle through April 30, 2016. A table analyzing residential development in the Coastal Zone and information on housing preservation also have been updated. Since Carlsbad's housing stock is new and/or in good condition, housing preservation primarily focuses on protecting the affordability of units. Item #9 March 28, 2017 Page 14 of 82 GPA 16-02 2017 HOUSING ELEMENT UPDATE February 15, 2017 6. Section 10.6 (Housing Plan Overview) and Section 10.7 (Housing Plan Goals, Policies, and Programs) form the Housing Plan, which consists of the city's long-term housing goals and a menu of shorter- term objectives, policy positions, and programs to achieve the long-term goals. No revisions are recommended to any goals or policies. Instead, changes proposed are updates and clarifications, which demonstrate the continued effectiveness of the city's Housing Plan. Programs 3.3 and 3. for example, have added text to describe new state legislation regarding density bonus regulations and accessory dwelling units (formerly known as second dwelling units) and the city's objectives and time frames to comply as necessary with the legislation. Otherwise, no substantive modifications are proposed to these or other important programs that have their basis in the Housing Plan, such as Program 2.1: Adequate Sites to Accommodate RHNA; Program 3.1: lnclusionary Housing Ordinance; and Program 3.7: Housing Trust Fund. Staff is proposing deletion of one Housing Element program (Program LS: Preservation of At-Risk Housing). This deletion is recommended simply because the program is no longer necessary. Please see further discussion below. 7. Appendix A (2013-2015 Accomplishments) -This completely revised appendix reviews the city's accomplishments toward the Housing Plan during 2013-2015, or the first three, complete years of the current housing cycle. It replaces entirely the Appendix A in the current Housing Element, which reviewed accomplishments during the previous housing cycle. 8. Appendix B (Sites Inventory Supporting Documentation) This appendix comprehensively identifies, on a parcel by parcel basis, vacant and underutilized properties available for lower, moderate, and above moderate-income housing development. The information presented in this appendix updates, through April 30, 2016, the data in the current Appendix B that was prepared in 2013 and then adjusted in September 2015 with adoption of the General Plan and corresponding land use changes. All parcels listed in Appendix Bare mapped on Figure 10-1 in Section 10.3. All recommended changes are shown in the 2017 Housing Element Update document (an exhibit to the recommended Planning Commission resolution) in underline and strikeout format. D. RHNA Demonstrating compliance with RHNA, or the Regional Housing Needs Assessment, is a significant component of a housing element. Developed by the state and allocated by SAN DAG, RHNA is expressed as the number of housing units needed to accommodate estimated growth over a specified time period and for all economic segments. San Diego County's current RHNA determination of 161,980 units corresponds to the housing needs for an 11-year period (January 1, 2010 through December 31, 2020). It is allocated among all county jurisdictions. The City of Carlsbad's share of the RHNA is 4,999 housing units, or about 3 percent of the overall regional housing need. While RHNA does not obligate jurisdictions to build housing, it does require them to demonstrate availability of residential sites at appropriate densities and development standards to accommodate these units. For its share, Carlsbad must show it can accommodate the 4,999 units according to the following income distribution: • Very Low Income: • Low Income: • Moderate Income: • Above Moderate Income: 912 units (18 percent) 693 units (14 percent) 1,062 units (21 percent) 2,332 units (47 percent} Item #9 March 28, 2017 Page 15 of 82 GPA 16-02 -2017 HOUSING ELEMENT UPDATE February 15, 2017 Page 5 Generally, the state considers vacant and underutilized land zoned for multi-family housing at densities of 20-30 units per acre or more as appropriate for development of housing affordable to lower income families. {Underutilized sites refer to properties whose residential capacity is not fully realized, such as an older home on a lot designated for apartments.) Therefore, the city must prove it has sufficient high density land to accommodate over 1,600 units of very low and low income housing based on the RHNA numbers above. Some constructed units, typically those that are income restricted and required due to the city's lnclusionary Housing Ordinance, also can help fulfill RHNA. Staff has revised Table 10-30 from Housing Element Section 10.3 to reflect hqusing approved, under construction, and built in Carlsbad from January 1, 2010, the beginning of the current RHNA period, to April 30, 2016. Similarly, the revised table identifies vacant and underutilized residential sites in the city as of April 30, 2016 {these sites exclude vacant or underutilized sites with an approved, but not yet built development project). Based on Table 10-30, Table 1 below demonstrates the city's continued compliance with the current RHNA determination. The numbers stated represent potential dwelling units that could be built at densities considered appropriate for each income category. TABLE 1-ADEQUACV OF SITES IN MEETING RHNA, BY HOUSEHOLD INCOME1 Site Type Very Low Low Moderate Above Moderate Total Development Projects2 46 319 182 2,~ 2,655 Vacant3 112 376 575 1,944 Underutilized3 1,024 96 399 374 1,893 Total 1,182 791 1,156 3,363 6,492 RHNA 912 693 1,062 2,332 4,999 Surplus/Deficit 270 98 94 1,031 1,493 1Table is derived from Housing Element Table 10-30. 2"Development projects" represent housing built, approved and under construction since January 1, 2010. More detail is contained in Housing Element Table 10-24. 3M ore detail about vacant and underutilized sites is contained in Housing Element Table 10-29. E. Deletion of Program 1.5: Preservation of At-Risk Housing Goal 10-G.1 of the current and proposed Housing Elements, listed at the beginning of Section 10.7, states, "Carlsbad's existing housing stock preserved, rehabilitated, and improved with special attention to housing affordable to lower-income households." In the current element, Housing Program 1.5 was included to help implement this goal by focusing on the preservation of at-risk housing. At-risk housing can include apartments subjectto losing their affordability restrictions and converting to market rate rents. One project, Santa Fe Ranch, was identified in the current element as being at-risk. A large apartment project near Stagecoach Park in La Costa, Santa Fe Ranch featured market rate units as well as 64 low-income units. It was approved prior to the effective date of the city's lnclusionary Housing Ordinance and thus was not subject to its 55-year affordability restrictions. However, the units were subject to affordability restrictions the city received in exchange for issuing tax-exempt bonds for the project in 1985; these restrictions would remain in place for 30 years or as long as the bonds were outstanding. Item #9 March 28, 2017 Page 16 of 82 GPA 16-02 2017 HOUSING ELEMENT UPDATE February 15, 2017 In 2016, the 64 units in Santa Fe Ranch converted from affordable to market rate apartments following repayment of the bonds. While unsuccessful in preserving the Santa Fe Ranch affordable housing (the owner had the option to pay off the bonds at any time and without notice to the city}, the city was able to assist in the rent negotiations for 26 of the 64 households affected so that these households could remain despite the rent increases. Table 10-21 in Section 10.2, included in both the current and proposed elements, inventories over 1,600 apartments that are presently affordable to lower income families, with affordability assured pursuant to the city's lnclusionary Housing Ordinance or other requirement. Table 10-21 in the proposed Housing Element deletes the Santa Fe Ranch project and its units but shows that affordability restrictions for all other units are guaranteed through at least the year 2051. This enables all of Carlsbad's remaining affordable rental stock to be in compliance with Goal 10-G.1. As there are no other affordable housing projects in danger of converting, Program 1.5 is recommended for deletion. F. Public Participation An important component of the Housing Element Update process is public participation. Section 10.1 discusses the public outreach that has occurred through 2016, including the Housing Commission workshop on housing issues held September 22, 2016, and the draft element's release for public review. This section will be updated to reflect subsequent actions, including public hearings before the Housing Commission, Planning Commission, and City Council held to consider adopting the element. Section 10.1 summarizes the remarks made at or in response to the Housing Commission workshop and includes staff's responses to the remarks. Two of the comments were made via email instead of spoken at the meeting, and they are attached. Staff received an additional email on the Housing Element Update prior to the workshop; the email and staff's response are attached. Following the workshop, staff released the first draft of the 2017 Housing Element Update for public review and requested input during a 30-day review period beginning November 15 and ending December 15. In response, two people provided comments, which are replied to by staff below and also attached. • December 2 comment from Jean Diaz, Executive Director for the San Diego Community Land Trust. This letter encourages the city to add housing element language encouraging the use of community land trusts (CLT}, as the letter explains. In response, staff believes a CLT could be a tool to provide affordable housing in Carlsbad and it could help implement various programs, such as Program 1.3 (Acquisition/Rehabilitation of Rental Housing), Program 3.6 (Land Banking), and Program 3.7 (Housing Trust Fund). However, a CLT has not been proposed in Carlsbad and staff is unaware of any pending applications for its use. While adding language specifically regarding CL Ts is not recommended as it is not a utilized tool, staff will continue to monitor for its use. • December 8 comment from Robin Ferencz-Kotfica, a Lakeshore Gardens resident. The comment requests that Carlsbad make a reasonable effort to assist those living in zones designated as affordable housing, such as by establishing rules limiting rent increases. Also requested is city assistance in establishing a requirement that managers of affordable housing properties provide resource referrals to anyone needing assistance regarding their health and safety and that managers personally connect their clients with the County of San Diego Aging and Independence Services and the City of Carlsbad Housing Office, where appropriate. These requests are made by many Lakeshore Gardens residents in the form of a signed petition. Item #9 March 28, 2017 Page 17 of 82 GPA 16-02 -2017 HOUSING ELEMENT UPDATE February 15, 2017 Pa e 7 In reply, the first part of this comment is responded to in Section 10.1, which states Carlsbad does not have "zones designated as affordable housing" and proposes no programs recommending any kind of rent control. However, the Housing Plan (Sections 10.6 and 10.7) identifies goals, policies and programs to not only develop but also preserve affordable housing; specifically, see Program 1.2: Mobile Home Park Preservation. The comment's second part regards requiring managers of affordable housing properties to provide resource referrals. Staff notes that Lakeshore Gardens is not an affordable housing property. Further, we do not recommend proposing such a requirement as it would be difficult to regulate and enforce. Additionally, while affordable housing property managers have an interest in ensuring persons and families with low incomes successfully find and occupy housing, they typically do not have the skills or means to provide resource referrals. Adequate means may require additional personnel and special funding. The city does make efforts to help address this latter concern by providing resource information to assist people in making decisions about agencies and organizations to contact. Additionally, the city periodically conducts trainings to assist market rate and/or affordable property managers. Trainings topics have included fair housing laws, first aid and mental health. G. Accomplishments Despite the loss of affordable rental units at Santa Fe Ranch, Carlsbad's housing programs continue to assist in the production of housing affordable to all economic segments. Housing highlights from 2013 through April 30 of this year include the following: • Projects contributing to the city's affordable housing stock and completed since 2013 include Tavarua (SO units) and Costa Pointe (nine units). Since passage of the lnclusionary Housing Ordinance in 1991, nearly 2,500 affordable units have been developed in Carlsbad. • In addition to those units already completed, development of more affordable housing continues. In 2015, the city approved 101 senior restricted, low-income units and 56 moderate income units in Robertson Ranch. In March 2016, 64 low income apartments were approved at the Preserve (formerly Quarry Creek). All of these units are now under construction. • Catholic Charities completed a 50-70 bed expansion of La Posada de Guadalupe, an existing SO-bed facility for farmworkers in 2013. A Community Development Block Grant and a $2 million grant from the city's Agricultural Conversion Mitigation Fund helped fund the project. Additionally, the city's funding grant stipulated that the farmworker portion of the shelter expansion be converted to accommodate homeless persons, including families, should agriculture in Carlsbad ever diminish to the point that farmworker housing is unnecessary. • Following a two-year trial period beginning in 2013, the ability to defer specified development impact fees was made a permanent developer option in 2015. This option can be an economic stimulator as it offers builders flexibility in how and when certain fees are paid. • Through development projects and vacant and underutilized parcels, the city continues to provide adequate housing sites at appropriate densities and for all economic segments consistent with its RHNA. Item #9 March 28, 2017 Page 18 of 82 GPA 16-02 -2017 HOUSING ELEMENT UPDATE February 15, 2017 Page 8 Housing Element Appendix A outlines accomplishments achieved from 2013-3015 under the city's various housing programs. Ill. ANALYSIS The 2017 Housing Element Update is consistent with state housing law and all Carlsbad regulatory and policy documents, including the other elements of the General Plan, the Growth Management Program, and the Local Coastal Program. A summary of the consistency analysis, contained in detail in the attached Planning Commission resolution, is provided below in Table 2. TABLE 2 -COMPLIANCE WITH REGULATORY AND POLICY DOCUMENTS STATE HOUSING LAW The 2017 Housing Element Update: a. Is necessary to ensures consistency with state housing law. b. Ensures the city will continue to provide all required and necessary affordable housing programs, policies and regulations. C. Maintains compliance with RHNA growth projections. Further, the 2017 Housing Element Update meets the statutory requirements of state housing element law as the State Department of Housing and Community Development has determined. GENERAL PLAN The 2017 Housing Element Update makes no substantive changes to the Housing Element or its housing plan adopted as part of the General Plan on September 22, 2015. It also makes no changes to existing land uses, land use patterns, or densities. Therefore, the update maintains consistency with the land use program approved as part of the General Plan on September 22, 2015, and by extension does not conflict with the goals and policies of the elements that have bearing on or are impacted by residential land uses, such as the Mobility Element, Open Space, Conservation, and Recreation Element, Public Safety Element, and Sustainability Element. GROWTH MANAGEMENT The 2017 Housing Element Update is consistent with the City's Growth Management Program in that it does not conflict with Growth Management dwelling unit limitations and performance standards to ensure public facilities and services keep pace with development; and is consistent with a purpose and intent of the Growth Management Program, which is to provide quality housing opportunities for all economic segments of the community and to balance the housing needs of the region against the public service needs of Carlsbad's residents and available fiscal and environmental resources. LOCAL COASTAL PROGRAM The 2017 Housing Element Update is consistent with the City's Local Coastal Program in that none of the proposed policies or programs allow for degradation of sensitive coastal resources, agriculture, or public views or access. The update also maintains a program intending to preserve and/or replace affordable housing within the Coastal Zone, as required by state law. Item #9 March 28, 2017 Page 19 of 82 GPA 16-02 -2017 HOUSING ELEMENT UPDATE February 15, 2017 Page 9 IV. ENVIRONMENTAL REVIEW As part of its approval of the Comprehensive General Plan Update on September 22, 2015, the City Council adopted City Council Resolution 2015-242, certifying Environmental Impact Report EIR 13-02 and adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. The proposed update to the Housing Element is within the scope of the prior environmental review documents, and no further environmental documentation is required per CEQA Guideline Section 15162. ATTACHMENTS: 1. Planning Commission Resolution No. 7228 2. December 20, 2016 State Department of Housing and Community Development letter of compliance 3. Correspondence submitted in response to the September 22, 2016 Housing Commission workshop a. September 15, 2016 email from Mariana Cisneros and staff's response b. September 21, 2016 letter from Mark Irving c. September 22, 2016 email and petition from Robin Ferencz Kotfica 4. Correspondence submitted in response to the 30-day public review period of the draft 2017 Housing Element Update a. December 2, 2016 email and letter from Jean Diaz b. December 8, 2016 email, comments, and petition from Robin Ferencz Kotfica Item #9 March 28, 2017 Page 20 of 82 STATE QE CAI IFQRNIA -BUSINESS CONSUMER SERVICES AND HOUSING AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov December 20, 2016 Mr. Don Neu, Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Dear Mr. Neu: ATIACHMENT2 RE: Review of the City of Carlsbad's 5th Cycle (2013-2021) Four-Year Update, Draft Housing Element Thank you for submitting the City of Carlsbad's four-year draft housing element update that was received for review on October 27, 2016 along with additional revisions received on December 9, 12, 15 and 19, 2016. Pursuant to Government Code (GC) Section 65585(b), the Department is reporting the results of its review. Our review was facilitated by multiple telephone conversations with Mr. Scott Donnell, Senior Planner, and Mr. Dave de Cordova, Principal Planner. The draft four-year update meets the statutory requirements of State housing element law. The element will comply with State housing element law (GC, Article 10.6) when adopted and submitted to the Department, in accordance with GC Section 65585(9). Senate Bill 375, (Chapter 728, Statutes of 2008), amended GC Section 65588(e)(4) to requires a jurisdiction that failed to adopt its housing element within 120 calendar days from the statutory due date to revise its element every four years until adopting at least two consecutive revisions by the applicable due dates. The City of Carlsbad did not meet the requirements of GC 65588(e)(4); therefore, it is subject to the four-year revision requirement until the City has adopted at least two consecutive updated revisions by the applicable due dates. Provided the City adopts a compliant housing element on or before April 30, 2017, it will meet the first four-year update requirement. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. For your information, some other elements of the general plan must be updated on or before the next adoption of the housing element. The safety and conservation elements of the general plan must include analysis and policies regarding fire and flood hazard management (GC Section 65302(9)). Also, the land-use element must address Item #9 March 28, 2017 Page 21 of 82 Mr. Don Neu, Planning Director Page 2 disadvantaged communities (unincorporated island or fringe communities within spheres of influence areas or isolated long established legacy communities) based on available data, including, but not limited to, data and analysis applicable to spheres of influence areas pursuant to GC Section 56430. Additional information can be obtained from these two Technical Advisories issued by the Governor's Office of Planning and Research at: http://opr.ca.gov/docs/SB244 Technical Advisory.pdf http://opr.ca.gov/docs/Final 6.26.15.pdf. Also, on January 6, 2016, HCD released a Notice of Funding Availability (NOFA) for the Mobilehome Park Rehabilitation and Resident Ownership Program (MPRROP). This program replaces the former Mobilehome Park Resident Ownership Program (MPROP) and allows expanded uses of funds. The purposes of this new program are to loan funds to facilitate converting mobilehome park ownership to park residents or a qualified nonprofit corporation, and assist with repairs or accessibility upgrades meeting specified criteria. This program supports housing element goals such as encouraging a variety of housing types, preserving affordable housing, and assisting mobilehome owners, particularly those wittJ lower-incomes. Applications are accepted over the counter beginning March 2, 2016 through March 1, 2017. Further information is available on the Department's website at: http://www.hcd.ca.gov/financial-assistance/mobilehome-park-rehabilitation-resident.., ownership-program/index.html . The Department appreciates the hard work and dedication Mr. Donnell and Mr. de Cordova provided in preparation of the housing element and looks forward to receiving Carlsbad's adopted housing element. If you have any questions or need additional technical assistance, please contact Robin Huntley, of our staff, at (916) 263-7422. ~A~ Glen A. Campora Assistant Deputy Director Item #9 March 28, 2017 Page 22 of 82 From: To: Subject: Date: Hello, Scott Donnell "Mariani Cisneros Via Dropbox" RE: Housing Monday, September 19, 2016 11:34:00 AM ATIACHMENT 3a Senior housing and the city's aging population are topics that are discussed in the housing element. There is a program in the approved housing element (Program 3.10) specifically about senior housing; it specifically calls for the construction of at least 50 units of senior low-income housing between 2013 and 2020. Along those lines, we do have two senior projects that were approved in 2015 and 2016 in the Robertson Ranch master planned community. One features 101 apartments that are rent-restricted to low income individuals; it is now under construction. The other has 98 units with 20 of the units rent-restricted. It is along the south side of Cannon Road but is not under construction. We've also approved Dos Colin as, a large senior project near Rancho Carlsbad mobilehome park. It is an "age in place" project similar to but not as big as La Costa Glen. Though approved quite some time ago, there is no start date for Dos Colinas' construction. It too will have market rate and income restricted apartments. Thank you for your interest. Scott Donnell Senior Planner 1635 Faraday Avenu e Carlsbad, CA 92008-7314 www.carlsbadca .gov 760-602-4618 I 760-602-8560 fax I scott.donnell@carlsbadca.gov From: Mari ani Cisneros Via Dropbox [mailto: Sent: Thursday, September 15, 2016 10:27 AM To: Scott Donnell <Scott.Donnell@carlsbadca.gov> Subject: Hou sing I got and email informing me about the Housing Element Update. I'm hoping the discussion about 55 and older housing comes up or maybe is already a topic you guys are going to address. Please keep me informed about that. I'm really looking forward to stay in Carlsbad but we need an increase in affordable and smaller houses in the area for active adults. I recently visited Del Sur and they are building an Active Adult community and is beautiful. It's not too affordable by any means but the concept is amazing. Item #9 March 28, 2017 Page 23 of 82 Thank you so much for your attention, Mariani Cisneros Carlsbad resident Item #9 March 28, 2017 Page 24 of 82 September 21, 2016 Mr. Scott Donnell Senior Planner City of Carlsbad 1635 Faraday Avenm~ Carlsbad, CA 92008 Re: Housing Element Update Elimination of Housing Quadrants Dear Scott: COMMUNITIES As a resident of Carlsbad and a developer of affordable housing, I would be supportive, of the elimination of tbe housing quadrant requirements related to development of inclusionary affordable housing. I believe that the ability to develop incJusionary affordable housing throughout Carlsbad would result in a greater number of affordable units built and the units built sooner than they otherwise would be developed within a market rate project. The opportunity cost to develop inclusionary affordable housing often exceeds the effective cost to develop nearly twice as many units on alternative sites. This is particularly true in the Southwest Quadrant w_here a few larger projects are currently proposed. In this quadrant, the alternative sites are for the most part, non-existent, typically between industrial buildings. The ability to apply funds throughout the City would allow the consolidation of inclusionary requirements to larger and more efficient projects. The ability to develop affordable housing throughout the city will motivation market rate developers to address their affordable requirements sooner. In part, there will be a fear of missing out, as well as the desire and ability to more economically fulfill their affordable requirements in other areas. . Allowing for the development of inclusionary affordable housing requirements throughout Carlsbad instead of within specific quadrants would result in more affordable units that would be developed sooner than the number of inclusionary units would otherwise be developed within a mark.et rate project. I would be in support of elimination of the housing quadrant requirement. Thank you, ~6 Carlsbad, CA 92011 Director of Land Planning uhcllc.net 2,-C.J rour:ti ~rree:. Su:,e 205 Sar,;a Ana. Ct, 92705 tel 71 1.831:,.31r'55 rox i l ·1 S.35 ;l?,7,';, Item #9 March 28, 2017 Page 25 of 82 From: To: Cc: Subject: Date: Attachments: Robin Ferencz Kotfica Scott Donnell Jessica Padilla Bowen Housing element plan discussion Thursday, September 22, 2016 4:14:35 PM Housing Commission request 9-22-16.pdf Dear Scott Donnell and Jessica Padilla Bowen, ATTACHMENT 3c Many ofus are concerned that affordable housing may become unaffordable for seniors who are living there. Please see the attached file with some of our concerns we hope you may be able to handle at no cost to the City of Carlsbad. Please share them with others as appropriate. Hope to see you at the meeting tonight. Thanks for your help. Sincerely, Robin Ferencz Kotfica Carlsbad, CA 92011 Item #9 March 28, 2017 Page 26 of 82 The Housing Commission has invited public comment regarding the housing element update for the housing plan for 2017-2021 and we thank you for that. The residents of Lakeshore Gardens Mobile Home Park, a senior community, has concerns about the future. We would like the Housing Commission to consider our views. In order to conserve existing affordable housing, the City of Carlsbad should make a reasonable effort to assist those for whom affordable housing alternatives were established. This effort should include establishing a mle whereby the rents for seniors, disabled, low income families and others living in zones designated as affordable housing may not be increased by landlords arbitrarily, but should be limited to Consumer Price Index increases, unless an additional need for increase in rent is demonstrated. This rule should be included in the housing element. Also, if landlords fail to comply with this reasonable request, those properties designated as affordable housing should be subject to eminent domain takeover by the City, and the management of those properties should be subsequently supervised by the City of Carlsbad's Department of Housing and Neighborhood Services. In the interest of preserving the health and safety of the "protected" classes of people living in affordable housing, managers of affordable housing properties should be required to provide resource referrals to anyone needing assistance regarding their health and safety. They should personally connect their clients with the County of San Diego Aging and Independence Services 800-510-2020 and the City of Carlsbad Housing Office 760-434-2810, where appropriate. Thank you for your consideration. Item #9 March 28, 2017 Page 27 of 82 LAKESHORE GARDENS MOBILEHOME PARK CITY OF CARLSBAD HOUSING COMMISSION HOUSING ELEMENT UPDATE PLAN 2017-2021 The undersigned hereby request the Housing Commission to include in the Housing Element update Pion 2017-2021 the following: 1. Establish a rule whereby the rents for seniors, disabled, low income families and others living in zones designated as affordable housing may not be increased by landlords arbitrarily, but should be limited to, the Consumer Price Index incre.ases, unless an additional need for increase in rent is demonstrated. This rule should be included in the housing element. 2. If landlords fail to comply with this reasonable request, those properties designated as affordable housing should be subject to eminent domain takeover by the City, and the management of those properties should be subsequently supervised by the City of Carlsbad Department of Housing and Neighborhood Services. 3. In the interest of perserving the health and safety of the "protected'' classes of people living in of fordable housing, managers of affordable housing properties should be required to provide resource referrals to anyone needing assistance regarding their health and safety. They should be personally connect'iheir clients with the County of San Diego Aging and Independence services and the City of Carls bod Housing Off ice, where appropriate. ADDRESS SIGNATURE Page 1 of 4 Item #9 March 28, 2017 Page 28 of 82 c,p1, 1.,. I, IJ I) Page 2 of 4 Item #9 March 28, 2017 Page 29 of 82 NAME ~ I. <." .... f • ' Page 3 of 4 Item #9 March 28, 2017 Page 30 of 82 Page 4 of 4 Item #9 March 28, 2017 Page 31 of 82 From: To: Subject: Date: Attachments: Jean D1az. Executive Director Scott Donnell Comments on Draft Housing Element Friday, December 02, 2016 4:46:21 PM Draft CLT Housing Element Lanquaqe.pdf ATTACHMENT 4a Hello Scott. I am the Executive Director for the San Diego Community Land Trust. We have met with housing staff some time ago but I'm not sure that you know about community land trusts and the important role that they can play in providing permanently affordable ownership opportunities for low and moderate income families. Attached is a paper providing some background and suggested language for inclusion into Hou sing Elements. Affordable home ownership is virtually impossible for families even earning up to 120% of area median income and that is our target. We currently have two projects: 9 3 bedroom attached homes in Lemon Grove and 16 3 and 4 bedroom homes in San Diego. The homes will be priced to be affordable to families earning from 80% to 120% of San Diego Area Median Income. I would love to answer any questions you may have. ~ 'Duz,, Executive Director 10620 Treena Street, Suite 230 San Diego, CA 92131 858-375-8947 jeandiaz@sdclt.org Item #9 March 28, 2017 Page 32 of 82 Draft Housing Element Language Adding the Community Land Trust Model to First Time Homebuyer Options by San Diego Community Land Trust First-time Homebuyer Programs for Low and Moderate Income Households Cities and counties in California have traditionally enabled low and moderate income households to purchase their first homes using the Mortgage Credit Certificate Program and providing silent second home loans that are re-paid when the home sells. Some cities have also required market-rate homebuilders to sell a percentage of their developments to low & moderate income homeowners. This document proposes to add an additional program that cities can use to meet their home ownership goals: the Community Land Trust model of home ownership. How a Community Land Trust Works A community land trust is a nonprofit organization formed to hold title to land to preserve its long- term availability for affordable housing and other community uses. A land trust typically receives public or private donations of land or uses government subsidies to purchase land on which housing can be built.1 The homes are sold to lower-income families, but the CLT retains ownership of the land and provides long-term ground leases to homebuyers. The CLT also retains a long-term option to repurchase the homes at a formula-driven price when homeowners later decide to move. The "classic" CLT balances the multiple interests of homeowners, neighborhood residents, and the city as a whole in serving as the steward for an expanding stock of permanently affordable, owner- occupied housing. Homeowners leasing and living on the CLT's land (leaseholder representatives}, residents of the CL T's service area (general representatives}, and individuals representing the public interest (which may include municipal officials) each make up a third of a typical board of directors. This tripartite structure ensures that different land-based interests will be heard, with no single set of interests allowed to dominate. On an operational level, CLTs take on a range of responsibilities for developing and stewarding their lands. Some focus on creating only homeownership units, while others take advantage of the model's flexibility to develop rental housing, mobile home parks, commercial space, and other community facilities. Most CLTs initiate and oversee development projects with their own staff, but others confine their efforts to assembling land and preserving the affordability of any buildings located upon it. In their capacity as stewards, CLTs provide the oversight necessary to ensure that subsidized units remain affordable, that occupants are income-eligible, and that units are kept in good repair. Because they retain permanent ownership of the land under housing and other structural improvements, CL Ts are closely connected to the homes and to the households that live in them. And as the landowner, 1 See the Lincoln Institute Policy Report "The City-CLT Partnership: Municipal Support for Community Land Trusts", June 2008, available for download: http://www.lincolninst.edu/pubs/1395_ The-City-CL T-Partnership. 1 Item #9 March 28, 2017 Page 33 of 82 the CLT collects a modest monthly ground lease from every homeowner, allowing the CLT to monitor its assets, protect its investment, and support residents who experience financial difficulties. Although specific stewardship roles differ from one community to the next, nearly every CLT performs the following tasks: • assembling and managing land; • ensuring that owner-occupied homes remain affordably priced; • marketing the homes through a fair and transparent process; • educating prospective buyers about the rights and responsibilities of owning a resale- restricted home; • selecting income-eligible buyers for the homes; • monitoring and enforcing homeowner compliance with contractual controls over the occupancy, subletting, financing, repair, and improvement of their homes; • verifying that homeowners maintain property insurance and pay all taxes; • managing resales to ensure that homes are transferred to other income-eligible households for no more than the formula-determined price; and • intervening in cases of a homeowner's mortgage default. At least one California City has included this model in their most recent housing element. The City of Petaluma has identified that the Housing Land Trust of Sonoma County will be the primary means that they achieve their home ownership goals. Proposed Housing Element Policy/Program Language The following language can be used as a model for each jurisdiction to add to their housing element. The city shall encourage the use of community land trusts (San Diego Community Land Trust) for first time homebuyers in the following manner: 1. Donate city-owned residential property for the development and/or rehabilitation and sale of homes for first-time homebuyers with a ground lease held by the community land trust. 2. Grant local, state or federal funds designated for first-time homebuyer subsidy to the CLT to acquire homes to be sold to first-time homebuyers with a ground lease held by the community land trust. 3. Encourage market rate developers that have an inclusionary requirement to partner with a community land trust to develop, market and steward the for sale units required by the inclusionary ordinance with a ground lease held by the community land trust. 4. Provide grants or contracts to the community land trust to improve the capacity of the land trust to develop and provide the ongoing stewardship of the land trust properties. 5. Consider contracting with the community land trust to monitor compliance of all outstanding city first-time homebuyer loans and other agreements with long term affordability requirements that are enforceable by the city. 2 Item #9 March 28, 2017 Page 34 of 82 From: To: Cc: Subject: Date: Attachments: Robin Ferencz-Kotfica Scott Donnell Wilmot Barb; Debbie Fountain Comments on Draft Housing element plan Thursday, December 08, 2016 7:14:16 AM Comments on the Draft Element.doc Housing Commission request 9-22-16.pdf Subject: Re: Comments on Housing element plan Dear Scott Donnell, Our Lakeshore Gardens Residents Association has reviewed the attached Comments on the Draft Housing Element plan and would like it included in the public responses to it. I also attached our original appeal at the discussion meeting including many signatures. Thank you for your help. Sincerely, Robin Ferencz Kotfica Carlsbad, CA 92011 760-431-2093 ---Original Message---- From: Scott Donnell Sent: Thursday, November 10, 2016 2:37 PM To: Robin Ferencz Kotfica Subject: RE: Housing element plan discussion Hello Ms. Ferencz Kotfica, I'm writing to let you know the draft housing element has been released and is available for review at city facilities such as the libraries and online at http·//w,vw.carlsbadca gov/services/depts/plannin~/housingelementupdate.asp. Next week, you will receive a notice in the mail about the release. Comments on the draft element are being collected through December 15. On pages 10-11 and 10-12 of the element, city staff has provided brief responses to the items raised at the September 22 Housing Commission meeting, including a response to your comment about the city making a reasonable effort to assist those living in zones designated for affordable housing. Thank you. Scott Donnell Senior Planner 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov ATTACHMENT 4b Item #9 March 28, 2017 Page 35 of 82 Comments on the Draft Element On pages 10-11 and 10-12 of the element, city staff has provided brief responses to the items raised at the September 22, 2016 Housing Commission meeting, including a response to comments about the city making a reasonable effort to assist those living in zones designated for affordable housing. The Draft included the following regarding Public Participation 2016-2017 on page 10-11. • The request (from a mobile home park resident) that Carlsbad make a reasonable effort to assist those living in zones designated as affordable housing, such as by establishing rules limiting rent increases. Reply: Carlsbad does not have "zones designated as affordable housing" and proposes no programs recommending any kind of rent control. However, the Housing Plan (Sections 10.6 and 10.7) identifies goals, policies and programs to not only develop but also preserve affordable housing; specifically, see Program 1.2: Mobile Home Park Preservation. The request from a mobile home park resident was accompanied by a letter signed by 66 other Carlsbad residents and included a request to consider helping to preserve the health and safety of the "protected" classes of people living in affordable housing. A recommendation was made to require managers of affordable housing properties to provide resource referrals to anyone needing assistance regarding their health and safety. It is recommended that managers should personally connect their clients with the County of San Diego Aging and Independence Services 800-510-2020 and the City of Carlsbad Housing Office 760-434-2810, where appropriate. This portion of the public comments made was not responded to by the City of Carlsbad. Comments and assistance to legislate this new procedure would be welcomed. Item #9 March 28, 2017 Page 36 of 82 The Housing Commission has invited public comment regarding the housing element update for the housing plan for 2017-2021 and we thank you for that. The residents of Lakeshore Gardens Mobile Home Park, a senior community, has concerns about the future. We would like the Housing Commission to consider our views. In order to conserve existing affordable housing, the City of Carlsbad should make a reasonable effort to assist those for whom affordable housing alternatives were established. This effort should include establishing a rule whereby the rents for seniors, disabled, low income families and others living in zones designated as affordable housing may not be increased by landlords arbitrarily, but should be limited to Consumer Price Index increases, unless an additional need for increase in rent is demonstrated. This rule should be included in the housing element. Also, if landlords fail to comply with this reasonable request, those properties designated as affordable housing should be subject to eminent domain takeover by the City, and the management of those properties should be subsequently supervised by the City of Carlsbad's Department of Housing and Neighborhood Services. In the interest of preserving the health and safety of the "protected 11 classes of people living in affordable housing, managers of affordable housing properties should be required to provide resource referrals to anyone needing assistance regarding their health and safety. They should personally connect their clients with the County of San Diego Aging and Independence Services 800-510-2020 and the City of Carlsbad Housing Office 760-434-2810, where appropriate. Thank you for your consideration. Item #9 March 28, 2017 Page 37 of 82 LAKESHORE GARDENS MOBILEHOME PARK CITY OF CARLSBAD HOUSING COMMISSION HOUSING ELEMENT UPDATE PLAN 2017-2021 The undersigned hereby request the Housing Commission to include in the Housing Element update Pion 2017-2021 the following: 1. Establish a rule whereby the rents for seniors, disabled, low income families and others living in zones designated as affordable housing may not be increased by landlords arbitrarily, but should be limited to the Consumer Price Index increases, unless on additional need for increase in rent is demonstrated. This rule should be included in the housing element. 2. If landlords fail to comply with this reasonable request, those proputies designated os affordable housing should be subject to eminent domain takeover by the City, and the management of those properties should be subsequently supuvised by the City of Carlsbad Department of Housing and Neighborhood Services. 3. In the intuest of perserving the health and safety of the "protected'' classes of people living in affordable housing, managers of affordable housing properties should be required to provide resource referrals to anyone needing assistance regarding their health and safety. They should be personally connectr:their clients with the County of Son Diego Aging and Independence services and the City of Carlsbad Housing Office, where appropriate. ADDRESS SIGNATURE Page 1 of 4 Item #9 March 28, 2017 Page 38 of 82 Paga 2 of 4 Item #9 March 28, 2017 Page 39 of 82 NAME 7 I 'JA> Page 3 of 4 Item #9 March 28, 2017 Page 40 of 82 ADDRESS Page 4 of 4 Item #9 March 28, 2017 Page 41 of 82 Planning Commission Minutes Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER February 15, 2017 PLANNING COMMISSION 6:00 p.m. February 15, 2017 COUNCIL CHAMBER Chairperson Segall called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Siekmann led the Pledge of Allegiance. ROLL CALL EXHIBIT 4 Page 1 Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, L'Heureux, Montgomery, and Siekmann Absent: None STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Secretary Teri Delcamp, Principal Planner Scott Donnell, Senior Planner Chris Garcia, Associate Planner Greg Fisher, Associate Planner Austin Silva, Associate Planner Jason Geldert, Engineering Manager David de Cordova, Principal Planner Craig Williams, Transportation Manager Debbie Fountain, Housing and Neighborhood Services Director Mick Calarco, Parks and Recreation Special Projects Manager PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Robert Wilkinson, Imagine Carlsbad, Suite I, 2911 State Street, shared a handout to the Planning Commission regarding future development in the Village and Barrio Master Plan. PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 4. 4. CDP 16-30 -VIGILUCCl'S SEAFOOD & STEAKHOUSE REMODEL -Request for a Coastal Development Permit for an interior remodel to relocate the restaurant's kitchen to the rear of the building, relocate an existing dining area to the front of the restaurant with no increase in square footage or in overall seating, and an associated exterior remodel. The site is located at 3878 Carlsbad Boulevard in the Commercial Tourist (C-T) zone, within the Mello 11 Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15301(a) (Existing Facilities) Class 1 Categorical Exemption. This project is not located within the appealable area of the California Coastal Commission. Mr. Neu stated that the applicant has requested a continuance and staff is recommending that Agenda Item 4 be continued to a date certain of March 15, 2017. Item #9 March 28, 2017 Page 42 of 82 Planning Commission Minutes February 15, 2017 Page 2 MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner L'Heureux that the Planning Commission continue Agenda Item 4 to March 15, 2017. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. SDP 86-02(E)/CDP 16-44 -FOUR SEASONS RESIDENCE CLUB -Request for a Site Development Plan Amendment and Coastal Development Permit to allow the construction of parking areas and recreation facilities for the existing timeshare development generally located east of Kingfisher Lane in Aviara Planning Area 2b, in Local Facilities Management Zone 19. The project site is located within the Mello I Segment of the city's Coastal Zone, but is not within the appealable area of the California Coastal Commission. The City Planner has determined that the project is subject to the provisions of CEQA; however, the potential environmental effects of the project were adequately analyzed by the previously Certified EIR for the Aviara Master Plan -MP 177/EIR 83-02(A). No additional environmental review is required. Mr. Neu stated Agenda Item 3 would normally be heard in a public hearing context; however, the project appears to be minor and routine in nature with no outstanding issues and staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Item 3. Chairperson Segall asked if any member of the audience wished to address Agenda Item 3. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7227 approving Site Development Plan Amendment No. SOP 86-02(E) and Coastal Development Permit No. CDP 16-44, based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1. Item #9 March 28, 2017 Page 43 of 82 Planning Commission Minutes February 15, 2017 Page 3 1. CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT-Request for a Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit for the demolition of a restaurant and single family residence and to allow the construction of a twenty (20) unit timeshare condominium project with underground parking on approximately one acre of land located at 4509 Adams Street, on the south side of Adams Street between Highland Drive and Park Drive, within the Agua Hedionda Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 1. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to state CEQA Guidelines Section 15332 -In-fill Development Projects. The Agua Hedionda LCP Segment is in an area of deferred certification where the City of Carlsbad does not have permit authority to issue Coastal Development permits and thus, the project will need to obtain a Coastal Development Permit issued by the California Coastal Commission. Mr. Neu introduced Agenda Item 1 and stated Principal Planner Teri Delcamp would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Anderson disclosed that she drove by the property. Commissioner Goyarts stated that he has viewed the property from the water and has also visited the site. Commissioner Siekmann disclosed that she has gone paddle boarding many times, walked and driven by the property. Commissioner L'Heureux disclosed that he lives a quarter mile from the project site, therefore he has walked and driven by the property on Adams Street weekly for the last thirty years. Commissioner L'Heureux stated that he has viewed the site from the ground as well as on Google Earth, read an article from the Coast News dated February 10, 2017 regarding the project and has previously represented the applicant's consultant's father-in-law. Assistant City Attorney Ron Kemp stated that the city prepares conflict maps for each Commissioner to see if they reside within the 600 foot boundary and Commissioner L'Heureux is well outside the 600 foot boundary, and therefore is not conflicted for that reason. Commissioner Montgomery disclosed that he is very familiar with the site, has walked around and visited the restaurant. Chairperson Segall disclosed that he has been on the water side of the site and has also used Google. Ms. Delcamp gave a brief presentation and stated she would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Anderson asked if the clubhouse is non-conforming. Ms. Delcamp stated that the recreational building has had an existing use since the 1950s. Commissioner Anderson asked if it cannot be expanded, but can be remodeled. Ms. Delcamp replied stating that as part of the proposal for a use that is allowed within the zone, there could be opportunities to make modifications to that as part of the project. The applicant has selected not to expand given its location in close proximity to the lagoon. Commissioner Anderson asked what would happen to the building if the water level rose and made the building unusable. Mr. Neu stated that if the building had damage and needed to be rebuilt, it would then need to comply with the development standards. Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Item #9 March 28, 2017 Page 44 of 82 Planning Commission Minutes February 15, 2017 Page4 Bill Hofman, Hofman Planning & Engineering, 3150 Lionshead, assisted by James Courtney, 1861 South View Drive, made a presentation. Chairperson Segall asked if there were questions of the applicant. Commissioner Siekmann inquired about the operation of the paddle boarding available to the public. Mr. Courtney stated that there is currently a tenant that provides paddle boarding, yoga classes and various lessons. Commissioner Black asked if the existing landscaping will remain or be removed and replaced. Mr. Hofman stated that some will be replaced because of the street improvement requirement and some landscaping will be added. Commissioner Black inquired about onsite management. Mr. Hofman stated that there will be a person available for 24 hours in one of the units devoted to managing the property. Commissioner Goyarts asked if the applicant has considered a small bed and breakfast with potentially a cafe on the water with public access. Mr. Hofman stated yes. Commissioner L'Heureux asked where the traffic count was taken on Adams Street. Mr. Courtney stated Highland Drive and Park Drive. Commissioner L'Heureux asked if the boat club is a separate business from the timeshare or if the timeshare and the boat club will be one unit as far as ownership and management. Mr. Hofman stated that it will be as one entity. Commissioner L'Heureux inquired about trash pickup. Mr. Hofman stated that the garbage trucks go all the way down the hill for pickup. Commissioner L'Heureux asked where employees will park. Mr. Hofman stated that since there will be six additional parking spaces, there will be available onsite parking for most of the year, and a management employee will have a designated parking space. Mike Pfankuck, 1250 Magnolia Avenue, clarified that the intent of this project is to bring tourist attraction to Carlsbad, have boats and paddle boards provided. Commissioner Anderson asked if jet skis will be on the property. Mr. Pfankuck stated no. Commissioner Montgomery asked what would make this project different from the first submittal besides the reduction in units if the building is the same size. Mr. Hofman replied stating that a 20 % reduction of total units from 25 to 20, traffic decrease from 240 to 200 Average Daily Trips (ADT), a profile step back of the building with increase of patio decks, and an approximate 2,000 square footage reduction of the floor area. Commissioner Siekmann asked if there will be bathroom facilities available for public use. Mr. Hofman stated that there will be public restrooms in the boat house. Commissioner Siekmann asked if any person who might want to take their private paddle board to the water could walk down to the water from the property. Mr. Hofman stated no, the project site is private property. He stated that the California Coastal Commission (CCC) will try and make a public easement coming from the street to the water. Chairperson Segall asked if Mr. Hofman would be okay with adding a condition to the operation standards to remove live amplified music. Mr. Hofman stated yes. Chairperson Segall asked if the project cannot be successfully marketed as a timeshare, is it required to be converted into a hotel. Mr. Neu stated that since it is a requirement of the Carlsbad Municipal Code, in the event of a timeshare that is not successful, the hotel would be the fallback use. Commissioner Black asked what would preclude a timeshare owner of the week to only have three or four days that they own to come for something less than seven days. Mr. Hofman stated that the unit would have to stay vacant the days they are not occupied. Commissioner L'Heureux inquired about the relocation of the power pole. Mr. Geldert stated that the power pole will be relocated to allow for the sidewalk. Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if any members of the audience wished to address Agenda Item 1. Chairperson Segall opened public testimony. Item #9 March 28, 2017 Page 45 of 82 Planning Commission Minutes February 15, 2017 Page 5 Julie Hamilton, 4112 Adams Avenue, San Diego, assisted by Tommy Dean, 4517 Adams Street, Carlsbad, and Jim Strickland, 4747 Marina Drive made a presentation in opposition to the project due to consistency, pedestrian access, compatibility, safety, traffic, density and parking. The following speakers ceded their time to Ms. Hamilton, Mr. Dean and Mr. Strickland; Scott Engel, 4220 Isle Drive, Fred Jamsson, 4519 Cove Drive, Amber Depace, 2965 Carlsbad Boulevard and Kevin Bender, 4070 Adams Street. Sam Ross, Visit Carlsbad, 5106 Lynch Court, stated that he supports the project. RECESS Chairperson Segall called for a 10-minute recess at 8:02 p.m. MEETING CALLED TO ORDER Chairperson Segall called the meeting to order at 8:14 p.m. with all Commissioners present. Mr. Neu stated that staff is recommending that Agenda Items 5 and 6 be continued to a date certain of March 15, 2017 due to time constraints. 5. RP 16-12/CDP 16-28-ARMY & NAVY ACADEMY STUDENT ENRICHMENT CENTER -Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit to allow for the construction of a two-story 4,714 square foot building for student meeting and exhibition space at the south end of the athletic complex at 2800 Carlsbad Boulevard in District 9 of the Village Review Zone, the Village Segment of the Local Coastal Program, and within Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) of the State CEQA Guidelines. 6. CT 16-02/RP 16-08-OCEAN -Request for a recommendation of approval of a Tentative Tract Map and Major Review Permit to demolish an existing office building for the construction of 17 multi-family residential air space condominium units on a 0.487-acre project site located at 2501 State Street within District 4 -Residential Support Area of the Village Review (VR) Zone and Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 (In-fill Development Projects) of the State CEQA guidelines. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner L'Heureux that the Planning Commission continue Agenda Item 5 to a date certain of March 15, 2017. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Item #9 March 28, 2017 Page 46 of 82 Planning Commission Minutes February 15, 2017 Page 6 ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner L'Heureux that the Planning Commission continue Agenda Item 6 to a date certain of March 15, 2017. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Items 5 and 6. The following speakers spoke in opposition of the project due to traffic, density, parking, noise, compatibility and pollution from powerboats: Allen Sweet, 4444 Highland Drive Brian Connor, 4815 Windjammer Way Sarah Huber, Flat 29, St. Andrews Mansions, 4 Dorset Street, London W1 U 4EQ David Turner, 2553 Cove Drive Gary Algier, Suite 20, 4513 Cove Drive Kalan Morris, Suite 15, 4513 Cove Drive ldora Lee Roelofs, Suite A, 4533 Cove Drive The following speakers spoke in favor in the project: Alan Wannamaker, 2399 Jefferson Street Janna Streelman, 3502 Santa Clara Way Arnie Cohen, 2853 Cazadero Drive Melanie Burkholder, 4040 Sunnyhill Drive Susan Toft, 7000 Ballena Way Chairperson Segall asked if there were any other members of the audience who wished to speak on the item. Seeing none, he asked if the applicant could respond to the issues raised and closed public testimony. Chairperson Segall asked if there were any questions of staff. Commissioner Montgomery asked why a Hillside Development Permit (HOP) is not required for the project. Ms. Delcamp stated that the determination was made when the previous project was processed and proposed because the site is already developed. Commissioner Montgomery asked if the project would be restricted to a right turn only onto Adams Street. Engineering Manager Jason Geldert stated that it would not be necessary as some improvements will be made to enhance visibility to make a safe turn. Commissioner L'Heureux inquired about the number of dump truck trips traveling during construction. Mr. Geldert clarified that there will be 8 dump trucks transporting soil, and depending on the distance, it may take up to 760 loads. Commissioner Anderson asked what is happening to the runoff. Mr. Geldert stated that the project is subject to stricter requirements that meet the priority project thresholds for water quality. He stated that there are two basins located below biofiltration areas. Commissioner Black asked what kind of precautions a contractor would take to prevent dirt runoff during construction. Mr. Geldert stated that the Stormwater Pollution Prevention Plan (SWPPP) is implemented and Best Management Practices (BMP) will be taken into account during construction. Item #9 March 28, 2017 Page 47 of 82 Planning Commission Minutes February 15, 2017 Page 7 DISCUSSION Commissioner Siekmann suggested that four additional amendments be added to the resolution such as no amplified music on the roof decks, limit the number of boats provided onsite for the users to two, not allow any of the timeshare owners or their guests to bring motorized boats to the property and to limit the public parking use of the facility to six trailers with proper reservations. MOTION A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to add no amplified music on the roof decks to condition number 22 A The Commission voted 7-0. A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to provide a public access easement on the eastern side of the building from Adams Street to the lagoon, or at another location as approved by the CCC. The Commission voted 7 -0. A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to limit the number of boats provided to the timeshare owners to two and to not allow any guest boats. The Commission voted 2-5 (Chairperson Segall, Commissioners Anderson, Black, Goyarts and Montgomery). A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to limit public boats to six trailers on a reservation basis. The Commission voted 6-1 (Commissioner Montgomery). Commissioner Montgomery commented that he stands behind private property rights and the ability of the property owners to develop property. He stated that there are possible impacts from the project such as traffic, impacts to the lagoon, to the citizenry that live around the site and he does not believe that those particular impacts are of a significant nature that would make him rule against the project on those issues. Commissioner Montgomery stated that the project meets all the development standards, although it comes down to intensity and compatibility. He stated that he cannot make a finding against the project and he cannot support the project based on compatibility and intensity. Commissioner Siekmann stated that she feels differently than Commissioner Montgomery and added that the property owner has made changes in order to make the project more compatible with the neighborhood. She stated that she can support the project. Commissioner Goyarts stated that the project is too intense and is not compatible with the surrounding neighborhood. He believes, if the project is visitor serving, a small six-to-ten bedroom bed and breakfast would be more appropriate for the site. Commissioner Anderson stated that she cannot find the project as necessary and desirable or compatible and in harmony with the neighborhood. · Commissioner Black stated that he is concerned with the boats pulling on the opposite side of the road to try to pull into the driveway. He stated that he is in favor of what the applicants have done to mitigate the concerns that existed back in 2008. Commissioner Black stated that he is happy to hear that the landscaping in the front of the project is going to either remain or be replaced with something similar which will block the view of the roof. He stated that the neighborhood is diversified and the CCC would like to keep it that way, therefore he would rather see this project constructed than a hotel that would attract more traffic. Commissioner Black can support the project. Commissloner L'Heureux thanked staff and the applicant that have invested endless hours on the project. He concurs with Commissioner Montgomery and stated that one of his biggest problems is the way Adams Street is physically constructed in that area. He stated that there are many pedestrians, bicyclists, and people that are using it today and is apprehensive in adding more traffic on Adams Street. Commissioner L'Heureux stated that Adams Street is not designed for higher intensity use and he cannot support the project. Item #9 March 28, 2017 Page 48 of 82 Planning Commission Minutes February 15, 2017 Page8 Chairperson Segall stated that he supports land owner use however, he thinks it needs to be compatible. He added that the timeshare use is not compatible in a residential neighborhood because of the transient nature of timeshare. Chairperson Segall stated that he thinks Adams Street is not a well thought out street for this type of intensity. He concluded that he cannot support the project. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7200 recommending approval of Tentative Tract Map CT 14-11, Non-Residential Planned Unit Development Permit PUD 16-02 and Conditional Use Permit CUP 14- 10, based upon the findings and subject to the conditions contained therein including the amendments and the errata sheet. VOTE: 2-5 AYES: Commissioner Black and Commissioner Siekmann NOES: Chairperson Segall, Commissioner Anderson, Commissioner Goyarts, Commissioner L'Heureux and Commissioner Montgomery ABSENT: None ABSTAIN: None ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts that the Planning Commission deny Planning Commission Resolution No. 7200 recommending denial of Tentative Tract Map CT 14-11, Non-Residential Planned Unit Development Permit PUD 16-02 and Conditional Use Permit CUP 14-10 based on the discussion of the Commission and the individual rational provided. VOTE: 5-2 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Goyarts, Commissioner L'Heureux and Commissioner Montgomery NOES: Commissioner Black and Commissioner Siekmann ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner L'Heureux to extend the meeting until 11 :00 p.m. The Commission voted 6-1 (Commissioner Anderson) to extend the meeting. 2. GPA 16-02 -2017 HOUSING ELEMENT UPDATE -Request for a recommendation of approval of a General Plan Amendment to revise the General Plan Housing Element. As an element of the General Plan, the Housing Element is a policy document applicable city- wide. The project is within the scope of the prior environmental documents certified and adopted in September 2015 for the Comprehensive General Plan Update, and no further environmental documentation is required per CEQA Guidelines Section 15162. Mr. Neu introduced Agenda Item 2 and stated Senior Planner Scott Donnell would make the staff presentation. Mr. Donnell gave a brief presentation and stated he would be available to answer any questions. Item #9 March 28, 2017 Page 49 of 82 Planning Commission Minutes February 15, 2017 Page9 Commissioner Goyarts asked if the city has a forecast and a contingency plan to the City Council that states by February of 2027, the city has reached the maximum number of dwelling units permitted by Growth Management and expect to stop receiving funding leading to have enough tax revenue to cover the city's needs. Mr. Neu replied stating that the process of the assignment of the Regional Housing Need Allocation (RHNA) number is a negotiated effort at SANDAG. A number is given to the region and SAN DAG and the member cities negotiate a formula for the allocation of the RHNA He stated that the Carlsbad requirement may shrink in size, but as the region gets an assigned number with the same constrains, it will get allocated. Commissioner Black asked if it would be possible for the Excess Dwelling Units (EDU) bank to run out given that the developers may not want to fund it in place of the actual units. Housing and Neighborhood Service Director Debbie Fountain replied stating that the EDU bank is a numbers game, if a developer develops less, then they are entitled to that there would not be any pull from the EDU bank, only if it were granted additional density. Chairperson Segall asked if any member of the audience wished to address Agenda Item 2 and opened public testimony. Mario Monroy, 2955 Ocean Street, stated that it is illegal to try to control how many people live in the city and shared his concerns with affordable housing. Socorro Anderson, Vice President of Friends of La Posada, 3420 Don Juan, stated her concerns with the difficulty in finding affordable housing. Margie Monroy, 2955 Ocean Stree( stated her concerns with affordable housing available to residents. Chairperson Segall asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7228 recommending approval of General Plan Amendment GPA 16-02 to the City Council based on the findings contained therein. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 2. COMMISSION COMMENTS Commissioner L'Heureux commented that the Commissioners who will be attending the 2017 Planning Commissioners Academy conference should organize and carpool to Los Angeles. CITY PLANNER COMMENTS Mr. Neu stated that there will be an informational presentation held at the Shulman Auditorium at the Dove Library on the Road to Carlsbad Past and Future regarding the Highway 101 historic corridor from 4:00 p.m. to 5:30 p.m. on March 16, 2017. Item #9 March 28, 2017 Page 50 of 82 Planning Commission Minutes CITY ATTORNEY COMMENTS None. ADJOURNMENT February 15, 2017 Page 10 By proper motion, the Regular Meeting of the Planning Commission of February 15, 2017 was adjourned at 10:50 p.m. DON NEU City Planner Farah Nisan Minutes Clerk Item #9 March 28, 2017 Page 51 of 82 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 HOUSING COMMISSION RESOLUTION NO. 2017-001 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE HOUSING ELEMENT OF THE GENERAL PLAN TO ADOPT AN UPDATE OF THE HOUSING ELEMENT FOR THE 2013-2021 HOUSING CYCLE AS REQUIRED BY THE CALIFORNIA GOVERNMENT CODE. CASE NAME: 2017 HOUSING ELEMENT UPDATE CASE NO: GPA 16-02 EXHIBIT 5 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application with the City of Carlsbad to adopt a General Plan Amendment for the 2017 Housing Element Update, a document that affects properties throughout Carlsbad; and WHEREAS, although the current Housing Element of the General Plan, adopted September 2015, provides an eight-year housing plan for the planning period 2013-2021, state law (SB 575, Steinberg) requires the city to develop a mid-planning period (four-year) Housing Element Update; and WHEREAS, the 2017 Housing Element Update serves as the mid-planning period update and will provide the housing plan for the second half of the eight-year planning period, or from April 30, 2017, through April 29, 2021; and WHEREAS, because the recently approved General Plan and the Housing Element remain relevant and effective, the 2017 Housing Element Update includes no significant changes to programs or policies and no land use changes and demonstrates that Carlsbad continues to meet its share of the Regional Housing Needs Assessment (RHNA}; and WHEREAS, the city submitted the document to the California Department of Housing and Community Development (HCD) for initial review as required by state law. On December 20, 2016, HCD determined the draft update, revised as required by the agency, met the statutory requirements of state housing element law; and WHEREAS, the city has provided the public with opportunities to review and comment on housing issues and the 2017 Housing Element Update, including (1) a noticed Housing Commission workshop (with workshop notices mailed to stakeholders and interested parties) to discuss housing issues Item #9 March 28, 2017 Page 52 of 82 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 on September,22, 2016; (2) the release of the first draft of the update via an October 27, 2016 posting on the city's website as part of a webpage with project-related information; (3) the placement of paper copies of the first draft of the update at the city's libraries, Faraday Center, Senior Center, and the city clerk's office on November 10, 2016; (4) notice of the update's availability for public review and comment and locations where it could be reviewed in a news release, newspaper ad, a city website posting, and in a mailing, all on November 14; (5) in the November 14 notice, announcement of a 30-day public review and comment period from November 15 to December 15, 2016; (6) a city website posting of the 2017 Housing Element Update, revised according to the changes required by HCD, on January 18, 2017, and its distribution to city libraries and other city facilities the following day; and, (7) a news release and stakeholder mailing on January 23 and 24, 2017, that provided project updates and advised of upcoming public hearings on the proposed project; and WHEREAS, additional opportunities for public review and input will occur as part of the Housing Commission, Planning Commission, and City Council public meetings to consider adopting the 2017 Housing Element Update; WHEREAS, implementation of the City of Carlsbad's housing programs have significantly contributed to the production of affordable housing as nearly 2,500 housing units affordable to lower income families have been developed in the city since passage of the lnclusionary Housing Ordinance in 1991; WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit A dated January 2017, attached hereto and on file in the Carlsbad Planning Division, 2017 HOUSING ELEMENT UPDATE-GPA 16-02, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; and WHEREAS, the Housing Commission did, on February 9, 2017, hold a public meeting as prescribed by law to consider said request; and PC RESO NO. 7228 -2-Item #9 March 28, 2017 Page 53 of 82 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 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 General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of Carlsbad, as follows: 1. That the above recitations are true and correct. 2. That based on the information provided within the Housing Commission staff report and testimony presented during the public meeting of the Housing Commission on February 9, 2016, the Housing Commission hereby ADOPTS Resolution No. 2017-001, recommending APPROVAL to the City Council of c;;eneral Plan Amendment GPA 16·02, based on the following findings: Findings: 1. 2. 3. 4. 5. The 2017 Housing Element Update is necessary to ensure the General Plan Housing Element remains consistent with state housing law as found in the California Government Code, commencing with Section 65580. Through its Housing Plan, the 2017 Housing Element Update ensures the city will continue to provide all required and necessary affordable housing programs, policies and regulations to successfully meet a priority of Government Code Section 65580{a), which states "the availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every californian, including farmworkers, is a priority of the highest order." The 2017 Housing Element Update maintains the city's compliance with growth projections as determined by the State Department of Housing and Community Development and as allocated by the San Diego Association of Governments through the RHNA process. The 2017 Housing Element Update, revised by the city according to California Department of Housing and Community Development comments and incorporated as Exhibit A to this resolution, meets the statutory requirements of state housing element law. The 2017 Housing Element Update is consistent with the applicable elements of the General Plan as demonstrated by analysis of the project with the following Land Use and Community Design Element goals. A. Goal 2·G.1 ("Maintain a land use program with amount, design and arrangement of varied uses that serve to protect and enhance the character and image of the city as expressed in the Carlsbad Community Vision, and balance development with preservation and enhancement of open space."). The update makes no substantive changes to the Housing Element or its housing plan adopted as part of the General Plan on September 22, 2015, and makes no changes to existing land uses, land use patterns, or densities. Therefore, the update maintains consistency with the land use program approved as part of the General Plan on September 22, 2015, and by extension does not conflict with the goals and policies of the elements that have bearing on or are impacted by residential land uses, such as the Mobility Element, Open Space, Conservation, and Recreation Element, Public PC RESO NO. 7228 ·3· Item #9 March 28, 2017 Page 54 of 82 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. C. Safety Element, and Sustainability Element. Goal 2-G.4 ("Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility.") The update promotes housing for all economic segments at various densities, In different forms, and in locations throughout the city. Goal 2-G.14 ("Participate with other cities in the county, through the San Diego Association of Governments, in working towards solution of regional issues.") The update maintains compliance with Carlsbad's share of the RHNA for the 2013-2021 housing cycle. RHNA, an estimate of housing needed to accommodate forecasted growth, is allocated by SANDAG across the San Diego region as a way to address regional housing issues. The 2017 Housing Element Update is consistent with the City's Local Coastal Program in that none of its policies or programs allow for degradation of agricultural or scenic resources, encroachment into environmentally sensitive areas, restriction of coastal access, or creation of geologic instability or erosion. The update also maintains a program intending to preserve and/or replace affordable housing within the Coastal Zone, as required by state law. The 2017 Housing Element Update is consistent with the City's Growth Management Program in that it does not conflict with Growth Management dwelling unit limitations and performance standards to ensure public facilities and services keep pace with development; and is consistent with a purpose and intent of the Growth Management Program, which is to provide quality housing opportunities for all economic segments of the community and to balance the housing needs of the region against the public service needs of Carlsbad's residents and available fiscal and environmental resources. PC RESO NO. 7228 -4-Item #9 March 28, 2017 Page 55 of 82 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 Housing Commission of the City of Carlsbad, California, held on the 9th of February, 2017, by the following vote, to wit: AYES: CARRILLO, EVANS, !GOE, NEWMAN AND WILLIAMS NOES: NONE ABSENT: NONE ABSTAIN: NONE SUSAN IGOE, CHAIRPERSON CARLSBAD HOUSING COMMISSION ~~-=.) DEBBIE FOUNTAIN, HOUSING AND NEIGHBORHOOD SERVICES DIRECTOR PC RESO NO. 7228 .5. Item #9 March 28, 2017 Page 56 of 82 EXHIBIT 6 'T'.h.e Ci-tyoLCarJ.sbad ~ou.siJ2.g & N'eigh.borh.ood SerYi.ces .A. ~:E:PO~T TO T~:E ~<>"U"SIN""Gr C<>1W1VIISSI<>l..\T DATE: February 9, 2017 Staff: Scott Donnell SENIOR PLANNER Item No. 1 SUBJECT: GPA 16-02 -2017 Housing Element Update -Request for a recommendation of approval of a General Plan Amendment to revise the General Plan Housing Element. As an element of the General Plan, the Housing Element is a policy document applicable city-wide. I. RECOMMENDATION That the Housing Commission ADOPT Housing Commission Resolution No.2017-001 RECOMMENDING APPROVAL of General Plan Amendment GPA 16-02 to the City Council based on the findings contained therein. II. BACKGROUND AND DISCUSSION A. Overview The city is updating its Housing Element, one of seven state-mandated elements of the General Plan. The current Housing Element was approved as part of the General Plan in September 2015. Although the approved element provides an eight-year housing plan for the planning period 2013-2021, state law (SB 575, Steinberg) requires the city to develop a mid-planning period (four- year) Housing Element Update. Thus, the current element provides the housing plan for the first half of the planning period, or through April 29, 2017. The proposed update will provide the housing plan for the second half of the planning period, or from April 30, 2017 through April 29, 2021. Public participation in the update process began in September 2016 with a Housing Commission workshop on housing issues. The city created a project website and released the first draft of the updated element in early November and submitted the document to the California Department of Housing and Community Development (HCD) for initial review as required by state law. In December, HCD determined the draft update, revised as required by the agency, met the statutory requirements of state housing element law (Attachment 2). The 2017 Housing Element Update document, revised as required by HCD, is an exhibit to the recommended Housing Commission resolution. Staff posted the revised document on the project website on January 18 and distributed it to the libraries and other city facilities the following day. On January 23 and 24, the city issued a news release and stakeholder mailing that provided project updates and advised of upcoming meetings on the project, including the February 9 Housing Commission meeting. Item #9 March 28, 2017 Page 57 of 82 GPA 16-02 -2017 Housing Element Update February 9, 2017 Page 2 In addition to Housing Commission review of the project, the Planning Commission on February 15 will also consider and make a recommendation on GPA 16-02 to the City Council. If the'City Council approves the housing element update, staff will again submit it to HCD for a final compliance review. An adopted housing element is due to the state by April 30, 2017. Overall, the proposed changes to the Housing Element can be characterized as more technical update than overhaul, primarily because the recently approved General Plan remains relevant and effective. While numerous tables and charts have been revised to reflect recent demographics and other information, no significant changes to policies or programs are recommended and no land use changes are necessary. Furthermore, the proposed update demonstrates the city continues to produce affordable housing and meet its Regional Housing Needs Assessment (RHNA) obligations. RHNA is discussed in a separate section below. B. Purpose and Contents The Housing Element is designed to provide the city with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing within the community. A priority of both state and local governments, Government Code Section 65580 states the intent of creating housing elements: The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order. Per state law, the Housing Element has two main purposes: 1. To provide an assessment of both current and future housing needs and constraints in meeting these needs; and 2. To provide a strategy that establishes housing goals, policies, and programs. As noted, the Housing Element provides an eight-year housing plan (April 30, 2013 -April 29, 2021), which differs from the city's other General Plan elements that cover a much longer period. The Housing Element serves as an integrated part of the General Plan, but is updated more frequently to ensure its relevancy and accuracy. Additionally, its mandated review by the state is unique. The existing and proposed Housing Element identify strategies and programs that focus on: 1. Conserving and improving existing affordable housing; 2. Maximizing housing opportunities throughout the community; 3. Assisting in the provision of affordable housing; 4. Removing governmental and other constraints to housing investment; and 5. Promoting fair and equal housing opportunities. Similar to the current Housing Element, the proposed 2017 Housing Element Update has the following major components: Item #9 March 28, 2017 Page 58 of 82 GPA 16-02 -2017 Housing Element Update February 9, 2017 Page3 1. An introduction to review Housing Element requirements, the public participation process, and the document's relationship to the Community Vision and other General Plan elements (Section 10.1 ); 2. A profile and analysis of the city's demographics, housing characteristics, and existing and future housing needs (Section 10.2); 3. A review of resources available to facilitate and encourage the production and maintenance of housing, including land available for new construction, financial and administrative resources, and opportunities for energy conservation (Section 10.3); 4. An analysis on housing production and maintenance constraints, such as market, governmental, and environmental limitations to meeting the city's identified housing needs (Section 10.4); 5. An evaluation of housing programs, construction and preservation (Section 10.5); 6. A statement of the Housing Plan to address the city's identified housing needs, including formulation of housing goals, policies, and programs (Sections 10.6 and 10.7); 7. A table of the city's quantified housing objectives from 2010 to 2020, identifying units the city expects will be constructed, rehabilitated, conserved and assisted (Section 10.8); 8. Appendices supporting the analysis of housing programs, construction and preservation found in Section 10.5 (Appendix A) and the sites inventory introduced in Section 10.3 (Appendix B). C. Proposed Revisions Following is a summary of changes proposed to each of the Housing Element sections and appendices described above. The summary helps underscore that the proposed element is truly more technical update than comprehensive overhaul. 1. Section 10.1 (Introduction) -Revisions identify new state land use laws (not affecting the housing element) the city will need to address; also, staff has added new text regarding the approval of the current housing element as well as the public outreach and participation related to this update. 2. Section 10.2 (Housing Needs Assessment) -In the current Housing Element, the significant amount of demographic information in this section, based on the Census, the American Community Survey and various state and local sources, is now generally a few to several years old. Staff has updated this data and other information, such as local and regional homeless counts and the list of homeless shelters and services providers in Tables 10-10, 10-12 and 10-13. 3. Section 10.3 (Resources Available) -As with Section 10.2, staff has updated information to reflect new projects and improvements. This section also identifies how the city, through recently constructed and approved projects and available vacant and underutilized land, continues to comply with its RHNA growth estimates. Supporting the data is a revised map -Figure 10-1 -that identifies all vacant and underutilized sites. This sites inventory is supported by Appendix Band is updated through April 30, 2016. Additionally, at the end of Section 10.3, staff has reviewed the "Opportunities for Energy Conservation" discussion Item #9 March 28, 2017 Page 59 of 82 GPA 16-02 -2017 Housing Element Update February 9, 2017 Page4 to include new or recent information on the seawater desalination plant, the city's recycled water network, and the Climate Action Plan. 4. Section 10.4 (Constraints and Mitigating Opportunities) -Again, recommended revisions update facts and figures, such as vacant residential property costs in Carlsbad and the city's development fee schedule; staff has also added a comparison of city development fees to the total development costs for single-and multi-family construction. Further, existing text has been expanded or clarified, for example, to include a summary of the inclusionary housing ordinance and discussions on the flexibility that exists in meeting development standards and the city's program to defer development impact fees. 5. Section 10.5 (Review of Housing Programs) -To the existing section data on housing construction and progress in the prior (2003-2012) RHNA cycle, staff has added new figures that report construction and progress in the current (2010-2020) RHNA cycle through April 30, 2016. A table analyzing residential development in the Coastal Zone and information on housing preservation also have been updated. Since Carlsbad's housing stock is new and/or in good condition, housing preservation primarily focuses on protecting the affordability of units. 6. Section 10.6 (Housing Plan Overview) and Section 10.7 (Housing Plan Goals, Policies, and Programs) form the Housing Plan, which consists of the city's long-term housing goals and a menu of shorter-term objectives, policy positions, and programs to achieve the long- term goals. No revisions are recommended to any goals or policies. Instead, changes proposed are updates and clarifications, which demonstrate the continued effectiveness of the city's Housing Plan. Programs 3.3 and 3.15, for example, have added or updated text to describe new state legislation regarding density bonus regulations and accessory dwelling units (formerly known as second dwelling units) and the city's objectives and time frames to comply as necessary with the legislation. Otherwise, no substantive modifications are proposed to these or other important programs that have their basis in the Housing Plan, such as Program 2.1: Adequate Sites to Accommodate RHNA; Program 3.1: lnclusionary Housing Ordinance; and Program 3.7: Housing Trust Fund. Staff is proposing deletion of one Housing Element program (Program 1.5: Preservation of At-Risk Housing). This deletion is recommended simply because the program is no longer necessary. Please see further discussion below. 7. Appendix A (2013-2015 Accomplishments) -This completely revised appendix reviews the city's accomplishments toward the Housing Plan during 2013-2015, or the first three, complete years of the current housing cycle. It replaces entirely the Appendix A in the current Housing Element, which reviewed accomplishments during the previous housing cycle. 8. Appendix B (Sites Inventory Supporting Documentation)-This appendix comprehensively identifies, on a parcel by parcel basis, vacant and underutilized properties available for lower, moderate, and above moderate-income housing development. The information presented in this appendix updates, through April 30, 2016, the data in the current Item #9 March 28, 2017 Page 60 of 82 GPA 16-02 -2017 Housing Element Update February 9, 2017 Page 5 Appendix B that was prepared in 2013 and then adjusted in September 2015 with adoption of the General Plan and corresponding land use changes. All parcels listed in Appendix B are mapped on Figure 10-1 in Section 10.3. All recommended changes are shown in the 2017 Housing Element Update document (an exhibit to the recommended Planning Commission resolution) in underline and strikeout format. D. RHNA Demonstrating compliance with RHNA, or the Regional Housing Needs Assessment, is a significant component of a housing element. Developed by the state and allocated by SANDAG, RHNA is expressed as the number of housing units needed to accommodate estimated growth over a specified time period and for all economic segments. San Diego County's current RHNA determination of 161,980 units corresponds to the housing needs for an 11-year period (January 1, 2010 through December 31, 2020). It is allocated among all county jurisdictions. The City of Carlsbad's share of the RHNA is 4,999 housing units, or about 3 percent of the overall regional housing need. While RHNA does not obligate jurisdictions to build housing, it does require them to demonstrate availability of residential sites at appropriate densities and development standards to accommodate these units. For its share, Carlsbad must show it can accommodate the 4,999 units according to the following income distribution: • Very Low Income: • Low Income: • Moderate Income: • Above Moderate Income: 912 units (18 percent) 693 units (14 percent) 1,062 units (21 percent) 2,332 units (47 percent) Generally, the state considers vacant and underutilized land zoned for multi-family housing at densities of 20-30 units per acre or more as appropriate for development of housing affordable to lower income families. (Underutilized sites refer to properties whose residential capacity is not fully realized, such as an older home on a lot designated for apartments.) Therefore, the city must prove it has sufficient high density land to accommodate over 1,600 units of very low and low income housing based on the RHNA numbers above. Some constructed units, typically those that are income restricted and required due to the city's lnclusionary Housing Ordinance, also can help fulfill RHNA. Staff has revised Table 10-30 from Housing Element Section 10.3 to reflect housing approved, under construction, and built in Carlsbad from January 1, 2010, the beginning of the current RHNA period, to April 30, 2016. Similarly, the revised table identifies vacant and underutilized residential sites in the city as of April 30, 2016 (these sites exclude vacant or underutilized sites with an approved, but not yet built development project). Based on Table 10-30, Table 1 below demonstrates the city's continued compliance with the current RHNA determination. The numbers stated represent potential dwelling units that could be built at densities considered appropriate for each income category. Item #9 March 28, 2017 Page 61 of 82 GPA 16-02 -2017 Housing Element Update February 9, 2017 Page6 TABLE 1 -ADEQUACY OF SITES IN MEETING RHNA, BY HOUSEHOLD INCOME1 Site Type Very Low Low Moderate Above Moderate Total Development Projects2 46 319 182 2,108 2,655 Vacant3 112 376 575 881 1,944 Underutilized3 1,024 96 399 374 1,893 Total 1,182 791 1,156 3,363 6,492 RHNA 912 693 1,062 2,332 4,999 Surplus/Deficit 270 98 94 1,031 1,493 1Table is derived from Housing Element Table 10-30. 2"Development projects" represent housing built, approved and under construction since January 1, 2010. More detail is contained in Housing Element Table 10-24. 3More detail about vacant and underutilized sites is contained in Housing Element Table 10- 29. E. Deletion of Program 1.5: Preservation of At-Risk Housing Goal 10-G.1 of the current and proposed Housing Elements, listed at the beginning of Section 10.7, states, "Carlsbad's existing housing stock preserved, rehabilitated, and improved with special attention to housing affordable to lower-income households." In the current element, Housing Program 1.5 was included to help implement this goal by focusing on the preservation of at-risk housing. At-risk housing can include apartments subject to losing their affordability restrictions and converting to market rate rents. One project, Santa Fe Ranch, was identified in the current element as being at-risk. A large apartment project near Stagecoach Park in La Costa, Santa Fe Ranch featured market rate units as well as 64 rent-restricted, low-income units. It was approved prior to the effective date of the city's lnclusionary Housing Ordinance and thus was not subject to its 55-year affordability restrictions. However, the units were subject to affordability restrictions the city received in exchange for issuing tax-exempt bonds for the project in 1985; these restrictions would remain in place for 30 years or as long as the bonds. were outstanding. In 2016, the 64 units in Santa Fe Ranch converted from affordable to market rate apartments following repayment of the bonds. While unsuccessful in preserving the Santa Fe Ranch affordable housing (the owner had the option to pay off the bonds at any time and without notice to the city), the city was able to assist in the rent negotiations for 26 of the 64 households affected so that these households could remain despite the rent increases. Table 10-21 in Section 10.2, included in both the current and proposed elements, inventories over 1,600 apartments that are presently affordable to lower income families, with affordability assured pursuant to the city's lnclusionary Housing Ordinance or other requirement. Table 10-21 in the Item #9 March 28, 2017 Page 62 of 82 GPA 16-02 -2017 Housing Element Update February 9, 2017 Page 7 proposed Housing Element deletes the Santa Fe Ranch project and its units but shows that affordability restrictions for all other units are guaranteed through at least the year 2051. This enables all of Carlsbad's remaining affordable rental stock to be in compliance with Goal 10-G.1. As there are no other affordable housing projects in danger of converting, Program 1.5 is recommended for deletion. F. Public Participation An important component of the Housing Element Update process is public participation. Section 10.1 discusses the public outreach that has occurred through 2016, including the Housing Commission workshop on housing issues held September 22, 2016, and the draft element's release for public review. This section will be updated to reflect subsequent actions, including public hearings before the Housing Commission, Planning Commission, and City Council held to consider adopting the element. Section 10.1 summarizes the remarks made at or in response to the Housing Commission workshop and includes staffs responses to the remarks. Two of the comments were made via email instead of spoken at the meeting, and they are attached. Staff received an additional email on the Housing Element Update prior to the workshop; the email and staffs response are attached. Following the workshop, staff released the first draft of the 2017 Housing Element Update for public review and requested input during a 30-day review period beginning November 15 and ending December 15. In response, two people provided comments, which are replied to by staff below and also attached. • December 2 comment from Jean Diaz, Executive Director for the San Diego Community Land Trust. This letter encourages the city to add housing element language encouraging the use of community land trusts (CL T), as the letter explains. In response, staff believes a CL T could be a tool to provide affordable housing in Carlsbad and it could help implement · various programs, such as Program 1.3 (Acquisition/Rehabilitation of Rental Housing), Program 3.6 (Land Banking), and Program 3.7 (Housing Trust Fund). However, a CL T has not been proposed in Carlsbad and staff is unaware of any pending applications for its use. While adding language specifically regarding CL Ts is not recommended as it is not a utilized tool, staff will continue to monitor for its use. • December 8 comment from Robin Ferencz-Kotfica, a Lakeshore Gardens resident. The comment requests that Carlsbad make a reasonable effort to assist those living in zones designated as affordable housing, such as by establishing rules limiting rent increases. Also requested is city assistance in establishing a requirement that managers of affordable housing properties provide resource referrals to anyone needing assistance regarding their health and safety and that managers personally connect their clients with the County of San Diego Aging and Independence Services and the City of Carlsbad Housing Office, where appropriate. These requests are made by many Lakeshore Gardens residents in the form of a signed petition. Item #9 March 28, 2017 Page 63 of 82 GPA 16-02 -2017 Housing Element Update February 9, 2017 Page 8 In reply, the first part of this comment is responded to in Section 10.1, which states Carlsbad does not have "zones designated as affordable housing" and proposes no programs recommending any kind of rent control. However, the Housing Plan (Sections 10.6 and 10. 7) identifies goals, policies and programs to not only develop but also preserve affordable housing; specifically, see Program 1.2: Mobile Home Park Preservation. The comment's second part regards requiring managers of affordable housing properties to provide resource referrals. Staff notes that Lakeshore Gardens is not an affordable housing property. Further, we do not recommend proposing such a requirement as it would be difficult to regulate and enforce. Additionally, while affordable housing property managers have an interest in ensuring persons and families with low incomes successfully find and occupy housing, they typically do not have the skills or means to provide resource referrals. Adequate means may require additional personnel and special funding. The city does make efforts to help address this latter concern by providing resource information to assist people in making decisions about agencies and organizations to contact. Additionally, the city periodically conducts trainings to assist market rate and/or affordable property managers. Trainings topics have included fair housing laws, first aid and mental health. G. Accomplishments Despite the loss of affordable rental units at Santa Fe Ranch, Carlsbad's housing programs continue to assist in the production of housing affordable to all economic segments. Housing highlights from 2013 through April 30, 2016, include the following: • Projects contributing to the city's affordable housing stock and completed since 2013 include Tavarua (50 units) and Costa Pointe (nine units). Since passage of the lnclusionary Housing Ordinance in 1991, nearly 2,500 affordable units have been developed in Carlsbad. • In addition to those units already completed, development of more affordable housing continues. In 2015, the city approved 101 senior restricted, low-income units and 56 moderate income units in Robertson Ranch. In March 2016, 64 low income apartments were approved at the Preserve (formerly Quarry Creek). All of these units are now under construction. • Catholic Charities completed a 50-70 bed expansion of La Posada de Guadalupe, an existing 50-bed facility for farmworkers in 2013. A Community Development Block Grant and a $2 million grant from the city's Agricultural Conversion Mitigation Fund helped fund the project. Additionally, the city's funding grant stipulated that the farmworker portion of the shelter expansion be converted to accommodate homeless persons, including families, should agriculture in Carlsbad ever diminish to the point that farmworker housing is unnecessary. Item #9 March 28, 2017 Page 64 of 82 GPA 16-02 -2017 Housing Element Update February 9, 2017 Page 9 • Following a two-year trial period beginning in 2013, the ability to defer specified development impact fees was made a permanent developer option in 2015. This option can be an economic stimulator as it offers builders flexibility in how and when certain fees are paid. • Through development projects and vacant and underutilized parcels, the city continues to provide adequate housing sites at appropriate densities and for all economic segments consistent with its RHNA. Housing Element Appendix A outlines accomplishments achieved from 2013-3015 under the city's various housing programs. Ill. ANALYSIS The 2017 Housing Element Update is consistent with state housing law and all Carlsbad regulatory and policy documents, including the other elements of the General Plan, the Growth Management Program, and the Local Coastal Program. A summary of the consistency analysis, contained in detail in the attached Planning Commission resolution, is provided below in Table 2. Item #9 March 28, 2017 Page 65 of 82 GPA 16-02 -2017 Housing Element Update February 9, 2017 Page 10 TABLE 2-COMPLIANCE WITH REGULATORY AND POLICY DOCUMENTS STATE HOUSING LAW The 2017 Housing Element Update: a. Is necessary to ensures consistency with state housing law. b. Ensures the city will continue to provide all required and necessary affordable housing programs, policies and regulations. C. Maintains compliance with RHNA growth projections. Further, the 2017 Housing Element Update meets the statutory requirements of state housing element law as the State Department of Housing and Community Development has determined. GENERAL PLAN The 2017 Housing Element Update makes no substantive changes to the Housing Element or its housing plan adopted as part of the General Plan on September 22, 2015. It also makes no changes to existing land uses, land use patterns, or densities. Therefore, the update maintains consistency with the land use program approved as part of the General Plan on September 22, 2015, and by extension does not conflict with the goals and policies of the elements that have bearing on or are impacted by residential land uses, such as the Mobility Element, Open Space, Conservation, and Recreation Element, Public Safety Element, and Sustainability Element. GROWTH MANAGEMENT The 2017 Housing Element Update is consistent with the City's Growth Management Program in that it does not conflict with Growth Management dwelling unit limitations and performance standards to ensure public facilities and services keep pace with development; and is consistent with a purpose and intent of the Growth Management Program, which is to provide quality housing opportunities for all economic segments of the community and to balance the housing needs of the region against the public service needs of Carlsbad's residents and available fiscal and environmental resources. LOCAL COASTAL PROGRAM The 2017 Housing Element Update is consistent with the City's Local Coastal Program in that none of the proposed policies or programs allow for degradation of sensitive coastal resources, agriculture, or public views or access. The update also maintains a program intending to preserve and/or replace affordable housing within the Coastal Zone, as required by state law. IV. ENVIRONMENTAL IMPACT As part of its approval of the Comprehensive General Plan Update on September 22, 2015, the City Council adopted City Council Resolution 2015-242, certifying Environmental Impact Report EIR 13-02 and adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. The proposed update to the Housing Element is within the scope of the prior environmental review documents, and no further environmental documentation is required per Section 15162 of the California Environmental Quality Act Guidelines. Item #9 March 28, 2017 Page 66 of 82 GPA 16-02 -2017 Housing Element Update February 9, 2017 Page 11 V. EXHIBITS 1. Housing Commission Resolution No. 2017-001 including attachment: City of Carlsbad Draft 2017 Housing Element Update 2. December 20, 2016 State Department of Housing and Community Development letter of compliance 3. Correspondence submitted in response to the September 22, 2016 Housing Commission workshop a. September 15, 2016 email from Mariana Cisneros and staffs response b. September 21, 2016 letter from Mark Irving c. September 22, 2016 email and petition from Robin Ferencz Kotfica 4. Correspondence submitted in response to the 30-day public review period of the draft 2017 Housing Element Update a. December 2, 2016 email and letter from Jean Diaz b. December 8, 2016 email, comments, and petition from Robin Ferencz Kotfica Item #9 March 28, 2017 Page 67 of 82 Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER HOUSING COMMISSION 6:00 P.M. FEBRUARY 9, 2017 COUNCIL CHAMBERS Chairperson Igoe called the Meeting to order at 6:04 p.m. PLEDGE OF ALLEGIANCE Commissioner Newman led with the Pledge of Allegiance. ROLL CALL Present: Absent: Staff Present: Commissioners: Susan Igoe, Chairperson Arline Carrillo Joy Evans Alan Newman Shaunee Williams None Housing & Neighborhood Services Director: Debbie Fountain Senior Planner: Scott Donnell APPROVAL OF MINUTES Minutes of September 22, 2016, were approved as written. ITEM NOT ON AGENDA There were no items not on the agenda. NEW BUSINESS EXHIBIT 7 Debbie Fountain, Director of Housing & Neighborhood Services, said the Housing Commission has before them the 2017 Housing Element Update to be presented by Scott Donnell, Senior Planner. This will be a request from the Housing Commission for a recommendation to the City Council of a General Plan Amendment to revise the General Plan Housing Element. It is an element of the General Plan that applies citywide. Scott Donnell, Senior Planner, gave a presentation on the 2017 Housing Element Update. Commissioner Williams asked who decided where the land is that is developable. The vacant land? Mr. Donnell said that is a reflection of the private sector. They are just parcels that are yet to be developed at any time. Commissioner Evans thanked Mr. Donnell for his presentation and his expertise. It was very informative. Item #9 March 28, 2017 Page 68 of 82 HOUSING COMMISSION MINUTES February 9, 2017 PAGE 2 of 13 Commissioner Newman said one of the comments that came in was allowing development over all of Carlsbad rather than on a quadrant basis. I see the reasoning you are staying by the quadrant is you want it dispersed, but don't some of the quadrants not have any places available, so there is no place to go while other quadrants have a little bit more available? Mr. Donnell said Commissioner Newman is correct. There are some quadrants that have more than others, but there is potential in each quadrant to satisfy the developer's inclusionary housing need. It is very important to ensure that affordable housing is not clustered in one location and that it continues to be spread throughout the city. I think even as an alternative to developing affordable housing, for example other ways could include the purchase of credits in an existirg project or the rehabilitation of an existing project and its rent restriction to maintain its affordabilit. ;:ff{hink there are options that should be exhausted first before we propose a change in our policy. Ms. Fountain added, we also give alternatives to meetin th~tiiicl~ii6~}lty so it doesn't always have to be new construction. Sometimes we can look at acqui ;and rehab a'ri~J:r~.nt restrictions so you can use an existing project and meet the requirements tha !The inclusionafYB[~}nance does provide some alternatives that the council can approve if additional land to be~lj!gto construct the units. Brooks Worthington -I have a specifi second dwelling units. Is the new Housi effect on January 1, 2017? Mr. Donnell said , belie~~JAlrl~at~l3Ylar state that we have. The Hotj$Jr;ig£1em~nb(i~~lf will or preparing an ordinah · ompl/ · the ne\11.i· is something our departmeri't;,i~.wo -""'""J·:·,,"-_\'.\ was passed, AB2299, and the size of account this change that came into Element under a program already underway with proposing laws with regard to the changes in the size. That Mr. Wo~Jl'llfiii~ to whet~Jttrs before we"iai~~;t? stay .?~Jrfzuo square foot or are you going to crank it back 2017fwhere it wai64QJeet? '/:{'.,""':..·i!':, Mr. Donn~ll~b~wered that he 1s;~9rry he clq~§Jlot know the details, but he will be happy to provide later. Mr. Worthington o has built 29 of them in the different cities up and down the coast, I would vote for mor''1 • sold my own home that had the 640, it is tiny. Oceanside you can do 1100 if you are a ...... /<Jr]; . • uare feet, and they have that threshold for a long time. Carlsbad has 640, Encinitas has 7Sdd'~!~Qf{ft>f your existing living space, which is less. So everybody has a different interpretation and the state c~ffi"e in and wiped out everybody's second dwelling ordinances and overrode the global laws. It is much easier to make this work for people if we could get a little bit more than 640 feet. I just wanted to put that plug in if you haven't decided that. Staff says you are going towards 640 at the end, you are going to keep it where it is. I don't know how you are going to keep with this law if you don't go with the 1200 feet. Fred Chambers -I am one of the lucky people in Carlsbad to receive housing rental assistance. It is also called Section 8 or HUD and as of New Year's Eve, I have been displaced through a big hike in the rent of my old apartment that I have happened to live in for 12 years. The rent more than doubled in those 12 years, and my income did not go up. The housing assistance could not keep me in that unit. I could not Item #9 March 28, 2017 Page 69 of 82 HOUSING COMMISSION MINUTES February 9, 2017 PAGE 3 of 13 afford to live on the remaining $25 left over each month. I wanted to bring up those problems. Properties just raise rent without thinking. My owner moved to Minnesota and he thought the housing office would cover this new rent and of course it wouldn't. I have been hunting for the past three months and calling and visiting property managers, and they say sorry we have a few people here on HUD but we don't want it anymore. We keep the people we have and no longer accept any new people. We will have no Section 8 or Carlsbad Housing Rental Assistance so that is happening all over the Barrio. I am focusing on that area of the coastal zone and west of El Camino Real within walking distance of City Hall, Cole Library and the community garden. I don't know how you are equipped to encourage people to keep providing affordable rents. Another aspect of my problem is I think we should make it easier for people who are on Section 8 to team up with other people who are on Section 8 or .not to be able to afford the rent, something that is close to the coaster, shopping and walking. Ri .... w it is difficult to team up unless you marry the person. I would encourage that we look into (:ffng that market. There are people who plan to sit on their rental for five years, and they h and move into the home. The homeless people could rent it at a price. Several of them would rent to me, but I have to come up with $2,200 a month, and that is more than provide. Commissioner Evans 8 counselor. Mr. Chambers said charge and is always place to re~ist9~~\ far away ... ·"''"'''ofcfi of Pine or east rents. He was The properties with a meeting with the Section . g. I am known. Rebeca is the gal who is in people phone in to the office that they have a ho,i1•·'±:>1,0 far out into La Costa or in places that are too travel. maybe she can go with you through the process. They have Ms. Fountain saicfffi~tstaff is ve with Mr. Chambers. He has brought up a really good point, one that we are strtJggljng with i lsbad; there is low inventory for rentals so rents are going up. At one point, we had lesstli~h,1% cy rates in Carlsbad. That means from basic economics when you have high demand and I :ty, your prices go up and that is what is happening in Carlsbad. We do try to work with all of our reri a assistance clients to help them find a unit somewhere, but this might be a good ad for the audience if anybody has a place that you would like to rent to Mr. Chambers, I am sure he would be happy to come and take a look. Commissioner Newman asked Mr. Chambers, what size apartment you have now. Mr. Chambers said at the moment I am not renting, I am between homes. Commissioner Newman said okay, how big was your apartment? Item #9 March 28, 2017 Page 70 of 82 HOUSING COMMISSION MINUTES February 9, 2017 PAGE 4 of 13 Mr. Chambers said it was a 750 square foot, two bedroom apartment. Ms. Fountain said unfortunately we are not able to solve Mr. Chambers' problem tonight, but it does bring to light what some of the concerns are and what the need is for affordable housing. Evelyn Thomas-I have been a 26 year resident of the Village of Carlsbad. I moved to Carlsbad after I was honorably discharged from the military. I served on the National Guard, and I served in the United States Marine Corp. My last station was at Camp Pendleton. When I was discharged from the military, I used my veteran's educational benefits to attend college. I went to Mira Costa Community College, I went to Cal State San Marcos University where I earned an Associate's Degr~~, I earned a Bachelor of Science in Business Administration, I earned my social science teaching cred,e~ti~I and I earned a Master of Arts in Education focused toward teaching and leadership. I was an e. with the Oceanside School District for about a decade until my injuries that I suffered in the mH to give up teaching, and when I enrolled in the veteran's he . it my injuries, I discovered they didn't have adequate.;: lttf care. veterans to get adequate healthcare; mainly fow · ,,. the LGBT com sexual trauma. My wife could not attend tonigh she had to learn how to walk, talk and to do everyt a retired employee with the Department of Defense ··w1navy represe·· 1s because I am concerned for Corp. I became her caretaker. The reaf · .why I came he .J:O us. We are renters. With all the chang lace, and vJff being built in the village, rental prices are . 1:+Jf:le bega~; with condos being built right behind our a ·~i)bt, we k the development taking place, condos about a year ago with the changes, at the owner of our property will .easy for an interracial lesbian 2017. It is very difficult and •/ people are being deeply impacted d take a look at the Maps; how you have all the and for commercial property, with very little sin my area where I live. The project was for on five or six; it is a multicultural area. Where I increase the rent. We ar~,, med abou · e. It couple with 21 years a e' · to find challenging. I wanted · by this, and I did take areas in the village sectio residential p retail, I tj am lo 2017 or you did sha is also disable that you would c afford homes and hav :comme residential. So I am concerned my wife and I in ike Mr. Chambers. I am sorry to use you as an example, but r. Chambers some time ago with his dog, Churchill, and he and di icult for us just trying to live and we wo.uld really demand not everyone has jobs that we can make $100,000 a year and could ars and go on family vacations. Some of us are on limited income ...... ng. With that being said, we do need affordable housing for senior citizens. We. do need affo V> ... 'using for our veteran population. We do need affordable housing for single-parent homes. Carlsb:a1"t~ a vibrant, rich community but sometimes I think you forget about the people who are low income who are struggling to survive. You forget you have to take care of the people in your community. I expect that, and I demand that, and I also demand affordable housing here in the village in Carlsbad. I would like to know how does one person or family or community begin that process to sign up for affordable housing. Just to let you know how long I have been here; I was one of the residents in Carlsbad when the city wanted to bring Lego land to Carlsbad, and my wife and I protested on Hwy 101 and Tamarack right across from the Sandbar, which is now currently called Vigilucci's. We also protested against Carlsbad citizens against the bars. I think the City Council hired an artist from New York to create that art design by the fish hut. Please consider us. Please remember that not everyone makes a $100,000 and we do need affordable housing. Item #9 March 28, 2017 Page 71 of 82 HOUSING COMMISSION MINUTES February 9, 2017 PAGE 5 of 13 Brian Flock - A resident of Carlsbad since 2009. Hearing these stories, I can really relate. I am on a different side of things. I am in residential real estate, a broker and I know we are dealing with a housing crises in a different way that seems trite compared to these stories. Our population has grown about 33% in the past 12 years. Now the housing available for sale, forget other situations with renting, is actually lower than 12 years ago. So that means there is less turnover of housing available than there was 12 years ago when we have grown 33% since then. This is really a serious issue. This is my first time before this commission. I guess the last time you met was in September, is that what I hear? So you don't meet that often. I also took my first crack at reading the Housing Update, with 190 pages it was kind of exciting. I realize that even with a broker's license and keeping up on laws anJtstuff, I didn't really know much of anything. With all the external laws and the cross referencing in f~eJ:i=ltfferent sections, I don't think this was intended for the average citizen, though it was definitely <,''..5>'i~ to everybody. I don't think it was very accessible so I have a question. How is this used in pr~ e city? It definitely was a checklist item to comply with, with the state code and the state la a better sense of how we use it in practice on a daily basis. Mr. Donnell said in large part of what we do is to that said, it also serves as the backbone for the ci actical terms, is our guide just like the whole General Plan as to how we wa ... · grow .··· want to provide housing. It is, for example, the basis fgtt~~y we have an'i(;i'~l4,~f~ •. ordinance. It ist:ii);basis for why we have a housing trust fund. It guides us' the monelf~~m:ihe housing trust fund should be spent. While it does comply with state laws, it is· how we pfo~~ .d with addressing housing needs for all the different levels. ':,;;: Mr. Flock clarified by play, people are meeting and they bring it out. ,11,h,::ft•i.'-'··~ Mr. Donnell said he doesn ... QW ho nt it is, b e first one that pops into his mind is the Housing Element ha, vi~;Afed 'isif1i~. ~.!;lbeft~;fi!Jmes over the years. A case in point would be in the earJyf. .. i~f~\s.revi' ~· mellt and said that Carlsbad needs to do a number of thingt5E.~t's say in geri~f~1It[rms, hfo find a way to better promote affordable housing, you ne~'d':.f~';{ind a way to pr~~}de lo l'lC:(!),me housing, so our response to that directive from the state ' 'i-;t~/:-,:-;\{',).,,, ',:,:>: "< '-Z:~¥.'}{?>, was to deveto· c program in ousin'gtJ:lgment that became the inclusionary ordinance. So it was based on that · am that th . Coun2fi/~~dopted that then gave the city staff the direction to go ·onary housing. Mr. Flock said so the Mr. Donnell said it is 15%. Mr. Flock continued that sometimes it is 20%. Ms. Fountain added our department uses the Housing Element quite a bit with the demographics and the statistics part of it, there is a number of funding sources, either through the state or the federal government that you have to make findings of consistency with your housing element to be eligible for a lot of that funding. The information that is provided in the Housing Element helps not only developers, but helps with the city in obtaining funding; so it might be for homeless programs, it could be for construction of new housing, it could be for other types of programs like the Rental Assistance Program Item #9 March 28, 2017 Page 72 of 82 HOUSING COMMISSION MINUTES February 9, 2017 PAGE 6 of 13 in making that information available in a document that can be referred to by the public and we can refer to for consistency findings helps us quite a bit in being able to getting a number of those programs funded for the city. Lisa McCarthy -I have become more interested in the different things that go on in the city, and I have looked at the General Plan. I did go to the Cole Library and it was not easily available so I guess my point is or my thought is, if we had a Citizens Academy 2.0 where we were answering questions specific to the General Plan and maybe tutoring me and other interested citizens about how the plans work and how our input would be valuable. What Brian said about the check off list, I think the more informed the public is, the more valuable the input would be, specifically I am thinking abo.4.t the Village and Barrio Plan. If we can give input and make that available to us, we can make for ,,>tf es findings and more deliberate comments. So when we look at the General Plan on line, it is y se and hard to read, but to have a copy, and I think it is either $60 or $80, I think those shoul ·uable as checkouts so we can take it home and make our own copies. Maybe even have seminar~~Her W!f~9uld ask questions not in a setting like this, so we are informing the public as to what en you maR~}j:t,public comment so it is more clear and understanding the grants and other th· ecently there w~'$ii~;J~xury apartment that was approved in a smart growth area and the housing· very low, so does yo'IJr::c.ommittee address that? Ms. Fountain asked if that was all her questions. Ms. McCarthy said if she had a better, this, I might have better questions. Ms. Fountain said the in lieu fee, there is a.· , . tparts to · clusionary housing ordinance. If ~ave to pro'·i,r~e the'H§ij~J) • If yo· " ix units or less, you can pay an ,, a. while ag7!i~(twe pr;(ti1Bl Hl .. be ldd' ing at that in the near future, · · ·· · :(j7rtr'tt'11at in "lfee. It comes from other ways of ,.,.Jff~m sales. S; our Housing Trust Fund is about h its information coming in. That number does Jt. It is not the largest part of our funding plan. ouncil action. Amanda' to cook. Lately we have been teaching the children how to cook fort 1J1eless people''1~,;t1:1rlsb;dWi!i~,would like to echo the sentiment that we heard from Mr. Chambers tha i~2in our diversi " at we Mr'ite and that we need to pay special care to diversity. That diversity is in abit'i',, it is when serve, it is in your age, and we need to protect those that are not really wealthy. The ea lot of e that. I struggle to get affordable housing in this area, and I have had to really struggle i hen we look out for others and when we provide that safety net, it makes us a better commu , < kes us a better people, it makes us a better town, and it makes us a heck of a lot more interestint~"'~cl wonderful when we have a diverse community. I am a little concerned about the specific homeless housing element. I understand there are wonderful programs. Solutions for Change are for homeless families, La Posada is for only men and mainly migrant workers so where do women go? There are a lot of women in this community who are homeless and they need to get off the street. We need to make sure we have housing for homeless women. Another thing I would like to suggest is a rent review board. We are hearing a lot of rents skyrocketing after a certain percentage, the owners should have to come and face up why they have to increase the rent for those people; either over 5% or 10%, I do not know the answer. I hear stories from friends and businesses that their rent triples. My other question is, how many current units in the very low category are for Section 8, and how many Item #9 March 28, 2017 Page 73 of 82 HOUSING COMMISSION MINUTES February 9, 2017 PAGE 7 of 13 of those can't be grandfathered out? That they can't be paid off in a bond and they can't be washed out later? When the very low comes into the market and stays in the market, how does that work? Ms. Fountain said all of those developments, and Mr. Donnell shared this a little bit in his presentation, but all of our developments that have regulatory agreements on them through the inclusionary program or other projects that we worked with to develop, they have the 55 year agreement. So at the end of 55 years, they could convert to market rate. They are not in perpetuity. There is some thought that it should be in perpetuity, but basically 55 years is considered the life of the development. At the end of that life, it is probably going to need some substantial rehab so you either refinance it and get additional restrictions on it or you let it convert to something else. It is a.pretty long term, but if you had developments like the Santa Fe Ranch, they were developed ba9 })he 80's, it always seems like it is longer than it is; 55 years seems like a really long time. Those lojects were 30 year bond projects. So our inclusionary is several years longer than a bond p . . .!d be. Our regulatory requirement requires them to be 55 years whether they pay off the lo tit-·· t. Bond projects are different so they have requirements as long as the bonds are outst . We do no ye that many of those projects left, which is why we removed the at-risk and those{ ·· nverted that were going to convert. Now everything that we have in our i .·......... · agreement at 55 year terms and more of those are newer developments'.;: 1996 that is under those regulatory agreements so they have a while to· ed to something else. Your point about the women's shelter i . ·· .. ·. . .... ·.. '' r the city participated directly in the point in time count for the homeless, ani~~;0ha·ve":~fI!a,1y been iewing the homeless about their specific needs and we hav~.!J Jnding mor~fwomenih{;tl' opul )~0.When we developed La Posada shelter, the primary f?f~~ji~ .. ·..•... < ··.·· fh the 'tii~ironment because they were farmworkers, and we o~v~1een thi g•:are a · J that, and that is another way that the Housing Element c1rJ[ rce on theHomeless does an annual report for us. That is helpful informa' tion we get about the people that are homeless, because Y9~Js. e she ve a lot that are not sheltered yet. Those populatio n~ed to s standpoint. Transitional shelters are helpful, /-~t:i permao:e pful, so you have a variety of programs that need to be loit ues. I think we try to do the best that we can to make sure that we hiV~)'7!9ng term rest ns on , •. JJerties. That has really helped through the inclusionary ordinance. ThfCity: of Carlsba been fc>iii~ quite a while one of the only cities in San Diego county that actually has' a\'rn~ndatory in > pnary housing. In many cities, they can pay a fee to get out of it. Money is great, butTt\~p sn't buifd{'.ypur housing. We need to be able to have the land, we need to be able to have the fundi' ,.bu '.'~t and a lot of things have to come together to make that happen. That is one of the reasonsilf-i . e have those types of restrictions because they are written into the ordinance that if it is a rentai'ifc:iduct, it has to be affordable for 55 years. If it is an ownership product, it has to be affordable for 30 years. Mr. Donnell said just as a point of reference, the draft Housing Element in table 10-13 does list a number of homeless shelter providers, including shelters that are specifically for women and families. Also table 10-21 in the Housing Element identifies a II of the rental projects that the city assists, those that have the 55 year rent restrictions and also the year those rent restrictions would expire. It clearly indicates that the earliest it would expire would be 2051. Item #9 March 28, 2017 Page 74 of 82 HOUSING COMMISSION MINUTES February 9, 2017 PAGE 8 of 13 Pat Amador - a resident of Carlsbad. I am trying to read through the state's mandates for RHNA, and I have gotten through one of them and it is incredible. I really respect what you are trying to do for the housing here. One of my comments is, and it is kind of disturbing because a week or so ago at the City Council meeting it was approved for the development in the Poinsettia area, I think it is Lennar. There was quite a discussion about the inclusionary units and they are within the homes, but they have no access to the rest of the house. So what was kind of disturbing for inclusionary is that people were kind of laughing because it was like you have this inclusionary unit that is meant for a specific population, but you have them inside of home and you have a bedroom and you have a small kitchen and bathroom, but that is not inclusionary housing. When someone even mentioned that you could put your housekeeper or somebody in there, that is not inclusionary housing. So I think becapse this commission really listens to what we are saying here in the city for everyone that is the dev~l91f@:rs, not only do they participate in payments to buildings in inclusionary housing, but now they/ar~eten building where you can't help somebody. Who is going to rent that out? · ,·.:::.:,:,./':i;./ '\:~·. :\\";:, Ms. Fountain said the Poinsettia project is intending t.o.fn~et their in~IJlrpnary housing requirement for second dwelling units so it is actually what the firstsp~aker was talking~bdut. What we were trying to do on some of the conditions on that was to maklffl~m legitimate units so tha{t~ey were one bedroom; they did not have access to the main house so theywopl? be mor~;.1/kely to be r~ntf\;P· What we typically find is that there is a good amount of those units. Weh)ye aqoy1)so second d\Nellj~g units that were built to meet the inclusionary requireni.¢n,t5'. There are peopJe/etliihg them out at th~·iffordable income level, but they are controversial for thi?~~s'p~sJhat you mehfio,ied. They are considered an alternative and the City Council has to say yes to that~)t~rri~Jlye;, it is just not.'~,n.automatic given that they can meet their inclusionary with the second dwellinlo.~Jt, 1:>\.11:'.16·~:5:t,ate as wa.s'Q?entioned does require the city to allow for second dwelling tJHits,qraccessory'u.p.its as whatm~,state 'r~f~h,to them. When they are used for inclusionary, we usuall\tste'p'yp,gur conditio.h.s onJh}itr'tb'trv.and rn'ake sure they are available for the market, it is tough( ",,,. · · •. , ___ ;: .. '::;,.,', Angela Nugent - I am a resfd~ptof c~'r1s?c1d and ha~~ lived here quite a long time and have raised my children in t~fls,,?ad. I am involy~c:J in aff6r~~J~,le housing in two ways. I owned a home in Aviara during the economy trash, My husbandJS:c.1 decora't~d military veteran from the Marine Corps and suffers from PTSD and we had'son,echanges in~p'r; family. We didn't lose our home; we did sell our home and profited from our home. Du~lfoqther factq,rs, we needed to support our family in different ways. Education is very important to me, ari~lc1m,s,µr:~·"my husband would appreciate my efforts in keeping my children in college in the area and m0Vin:ijt9'.r:w~rd on their careers. In doing so, I needed to spend most of my savings for housing and the housing market was steadily increasing with the economy decline. While doing so, I needed to look for affordable housing while I went back to school. I almost had to be broke to qualify. Because I was a full-time student, I was able to qualify for a 30% affordable housing unit in Vista, a new one. It was quite embarrassing to go there and find out if I was offered a job from the City of Carlsbad managing affordable housing, that I would no longer meet the affordable housing restrictions. There is no foul play in this. It is just a series of errors and difficulty. I have been able to find work in affordable housing in the City of Carlsbad and subsequently my children have been able to go on to college and find affordable housing at the higher rate in the City of Vista. I am greatly appreciative for the opportunity in both avenues given to my family. That may sound complicated. I know it is hard to understand. The reason why I bring up my very personal detail is I am a recipient as well as an employee of affordable Item #9 March 28, 2017 Page 75 of 82 HOUSING COMMISSION MINUTES February 9, 2017 PAGE 9 of 13 housing. I probably don't look like I need affordable housing. I drive a Mercedes; I kept it. I probably don't look like that window. It is very important. I have had the opportunity to interview Mr. Chambers, but he was too young for the community that I manage, but knowing that his needs were out there, the walkability of the Barrio, the seniors that I serve in this community. When Smart & Final came in, how that was a boom to our residents because they had alternatives for purchasing food, quality food in a holistic environment. Having the senior's center and all of its programs within a walkability, what community has that? It is so flat they can get around, they don't have to wait for a bus. When we talk about RHNA and the units that are available and what is needed, I think it is also important for everybody on the council and the commission to also consider the unity of the units. Maybe with development or when developers come in, you spoke about having these inclusio9~ry units, if there is a way to offer incentives to increase for maybe Section 8. If you are an investor/',ijij,you bought a home, you want to have a return. There is no harm in that, but it does hurt other pg,, "'so if we can give them an incentive where there is still an economically viable incentive, then m~,sff. z<~iing an inclusionary unit to a Section 8 recipient or we can increase the incentive to a develop~ft~tlbok~t{r~J~.Ybe revitalizing a Barrio building and maybe increasing the walkability, not just the uniy€C~~I design, bufth):t/~tility of the design, or maybe a lower level unit. There was a lady on our Citizen's/l(~~·~rny that is a ver?~ttppg advocate for the hearing impaired, and maybe having some more service:S{fg~that specific populatidHi hink about those in our community who are very underserved or just negle because disabiH t so much identified but we are offering these units, but thinking about incentives to be increased to the diversity of the peopl rve in the Ms. Fountain said s as part of that develo would be surprised if the · have facili is ren varua. They are outside. Are there ·ng to be a new community facility J;'t)ercial component that will be built d a major.thoroughfare for the bus lines, so I · lage wo their primary shopping area. I know they will n't kno:w,, exactly what they all are yet. They are under ous ,, c!.,fli0~ijhhey will also have another development that me, buf'fh;~f':is more families not restricted to seniors. If I had in a better place than Carlsbad, I wouldn't want her to have .d to be independent as long as possible. We do have that 'we utilize that. Commissioner Newrii~B'.made arr((? n to make a recommendation to adopt the resolution proposing to the City Council that the 'i'~amended Housing Plan as presented to us. Commissioner Williams secon VOTE: 5-0 AYES: NOES: ABSTAIN: ABSENT: Carrillo, Evans, Igoe, Newman and Williams None None None Ms. Fountain said the commission has approved the recommendation to approve the Housing Element. Staff does appreciate that. I did want to share one thing, I think it was Ms. Thomas about how to find out about affordable housing opportunities that are available within the city. I want to share with Item #9 March 28, 2017 Page 76 of 82 HOUSING COMMISSION MINUTES February 9, 2017 PAGE 10 of 13 everyone here that there is a lot of information that is on the city website. If you go to www.carlsbadca.gov and in the search box type in Affordable Housing. We actually have a map and if you click on the different bullets, it will come up with the information on the contact for the affordable housing. Pretty much all of the affordable housing in Carlsbad has been privately developed. The city does own Tyler Court Apartments and we do have those managed for us, but all of the rest of the affordable housing is privately owned. We do have all that information on our website. We do know that pretty much every development has a waiting list. We know there is a high demand in Carlsbad and I think we just keep working through it as quickly as we can. The developments take a while to get approved and they take a while to get constructed. I wanted to give you some hope there are new developments coming into town. We mentioned a couple of the dey.~Jopments like Robertson Ranch, Quarry Creek is under construction with 64 units of family housing/;fn<:if,will be for low-income households. We also have several projects in the Barrio Villageceft~~fthat Mr. Donnell explained one of /'.'l,-•,,.,,, them was a veteran's housing project, which was approvedb,yJ~e;~J~9ning Commission a couple of weeks ago; it is 50 units. We are going to have 25 of th?setipits, 24'9f"~5, will be for homeless veterans. The others will be for family veterans. A faQ1l,ly~an be two p·egple, it can be several people. Those are projects you should keep your eyes on . .Vlfe~is6 have a projecFtfiat is going to be going very soon, which is a 90 unit project called Pacific Wim:Vti~tis in the Barrio, a lm.v:ifaco,me apartment complex. There are more projects that are comingf~,(~?rd, and weare looking forward to them. There are several projects that still have inclusionary requirJffiints th~tyye\need to work~iJh them to figure out how they are going to meet it. As SP~p?s we have infotn,~Jt~~lom the develo~eJg;, we actually have on line you can subscribe to a notifiqit1~9,,a?d you jusfpNi:Cn your email. As soon as we have information on those developments, we ~iJl,JILlsh:e>;l!!an emailt~,&~/'u telling you how to apply and who ,,,~.·~. ': •.. :/::''.:~'"'_.·,.--:~--<,·,.,.> v>." to contact. That is one way to get the inforo,~Jion·a·nrn~.·~ooner ratD~f;than waiting to read about it in an article. You are also w7,lc:c:>,T~:t? contact 6ht?ffice111d1:""jll sh~f~~HY information we may have. We are not sure we wilte;y~ffue~fct.~~ total d~ih~pd, b,uf~ear1t""O~kin~;hard to try and finance those projects and try to getJij()si proje\:ts;h1pving for~ard;a's.tqGickl\}~'ft~~,can. All of your comments will go forward to the City Couh'~i'mn the minDtes. When theci'ty Council cc/nsiders it, if they want to ask staff '"?,~-\~:\,,,,. . :::i::·;r-.~ ?:1\.~? to research any other new·ptQ'g~am\p('!.b~.vwant to~ct9 programs, that will be their opportunity to do that. Your iripuJJ$yery valuaHle}oru~·i!t•id~fitifying tR~:key needs so we can bring that to the Planning Comm is~i§t(~'t,~rth'~<cjlv·co u n cff 11,1\:<t(" '······ . ·~~E{.: .. • .. ·.t ::. ' .. ,'·. E••';\ /:,,-· "Z(f I\~;,;>..,_ ~" .. · .. Does somebq(:ly want to spea'k):,n sorri'e£hlog not on the agenda? ·:···:··.· .. ".'~ '··'./::'.·/ :\s '.\(::~/'.:.\,, I have a comrrit:Ki':based on the ih'td);matio~·,yJ'G gave us. My name is Diane Rivera. Thank you for the '';y:/:):':>. '{\ ·<:::'-\ information. I amtH:~w to Carlsbad)C:{have been here two years and two months and I love it. However, ,''(>.c:·'\:0,_.,. : :."\.::r.' I am one of those sehiprswho are9r(a fixed income. I do have retirement money saved. I worry about it all the time, and I am''~'y'te?(l'l~?f~~'ople in this room are. I listen to your information about all of these senior housing units wheth~f~fjs:iri Carlsbad, Vista or wherever. I went to your office and I got the map. I have been on line jotting doWfi information. I have been almost two years trying to figure out what my next move is going to be. I have to recap by saying, I had the wherewithal to get in my 14 year old car and ride around to each one of these units only to find out that they couldn't really help me because they all have different requirements for how much their waiting list is, some take Section 8, some won't take Section 8 because Carlsbad has Section 8 rules. I said tell me how do I know, with the amount of money I have in savings and the amount of income I have coming in every month which qualifies me for lower income, no one can tell me. I did get some help in your office where they told me I could go up to Oceanside and apply for Section 8, which is nothing more than getting on the waiting list. Then they would take my application and send it to Carlsbad. It took me from October to just now to get a copy of that approval for Section 8 to come to me so I can say yes I am on a waiting list, which by the way is for Item #9 March 28, 2017 Page 77 of 82 HOUSING COMMISSION MINUTES February 9, 2017 PAGE 11 of 13 eight years. An eight year waiting list. Then there is this thing about income. My income is a tiny pension I have from the teamsters, but then I have this little reserve and I want to know how does that fit into this income piece, because I have to qualify. No one can give me a really good answer. My point is this, it is very, very hard to go from place to place and try and figure out what waiting list you think you can get on based on income. The reason I get up here now is that I am really pleased that you brought this up. My experience is that it is not friendly. I still don't know how I can qualify. I did apply with SDG&E to get a lower rate. I am afraid someone is going to come back to me and say I don't qualify. I am going on what they say is income. I can't find out how my modest savings pushes me out of that. I am in violation of asking that question. This is not an easy process. It is not easy here, it is not easy anywhere else. There are people like this gentleman. He is not,going to be able to go all over these cities, go to all of these houses to find out where he can qualify. ~qlrii!iay I might not be able to either. I am willing to get on a team. I am willing to do the work, but tJ{~~i~f'is all talk. This is not the first time I have had this problem. I don't know where it goes. I justY\f!~f;t6;;t~II you it is frustrating, it is scary, I do have the wherewithal, but tomorrow I may not. Many ol~s'i'ivJ;ij~t~ and love it and volunteer for things. Please hear us. If we can find some way to hav~l~tce11tralizeci'~~~~JNhere people can go and get the information they need, that would help. · · · · tf1i~~€f ~{Y ·~,· <·'~,.-,~, Commissioner Evans said I am new on the commis!lb'.~)twaited f~fL,~ection 8 ¥3ft exactly what you are talking about. I think what we haV~,here is,.a}lotof lack of co ication and we •, J1\/:;c:" . · ;J'\::C\c;;;;\fV '''Jc );f) are talking about the computer and gq n line. I am coQipyt~('iftee. There are a lcmctf people who do not own a computer. Your idea of ha tral office o?iii'~j~e a book that shows everybody what they can look at because as this gentlem ,.,JiJ:iousing E'ie'~t,. tis clear as, I won't say mud, but it is hard to understand. Like you said, you f peop ot have a car. The transit system isn't that good. I s of lack of ybe us and you, but someway where it has I think your idea is a very good idea. Commission Carrillo sugge' ';\li~1-. ::·(L', .:,j_}j:}f·, Ms. Foun~a ?!>. <J:1,grpaijJe housing managers fairly regularly and why don't w~~:~µ\ it out to tho~g,.~J:ford ... ·· tipusing ma'Wa~~rs and see if they can come up with some ideas. It is diffi~alf·tg,Scause a lot ofit6:':~1.pevel6p .~nts have different ways they are financed and they have different rJg~}ations, so it do~J;,i·~lfairly · .. licated quickly. You do not have to have Section 8 to live in the develop· . , but if your 'l~j::9me is v low or extremely low, sometimes that is the only way you are going to e'.~~t>J.e to afford't,11¢,rents. Maybe we can put it out to the affordable housing managers and see iftl\~~:Fan co · p with some creative ideas about one location where you can go in and put in your numbe~sf fre you qualify. With each of them having their own regulations, it may not be a pure syste~:,} it under advisement. Ms. Rivera added that she enjoyed Mr. Donnell's presentation. There was some conversation about properties not honoring Section 8 so it is like why do we get on Section 8 if it is going to go away. Those are one of the things you could put into a meeting. To further that, I would be happy to share my experience, to be a voluntary part of a committee that wants to do something like that. I think it would be useful because I have to tell you everybody that I have been around are all worried about where we are going to go next year if we can't pay rent. If I qualify for 50% and I want to get a job, but I can't get a job because I can't pay $3,000 in rent. Then where do I go? It is absolutely the circular situations. Thank you. Item #9 March 28, 2017 Page 78 of 82 HOUSING COMMISSION MINUTES February 9, 2017 PAGE 12 of 13 Ms. Fountain said to answer the question about Section 8, Section 8 is a federally funded program. We will have to wait and see what the new administration will fund it. Basically what happens with Section 8 is we can only fund money as we have money to fund it. That is why we are capped and our funding is limited so our Section 8 waiting list is not open right now. We will accept Carlsbad residents. With the Section 8 program, you take your voucher into the market and the owner has to say yes he/she is willing to accept that voucher as partial payment. That is one part of our rental assistance program and the other part is really the affordable housing developments that have restricted rents and they are going to calculate eligibility different. It is very complicated. I have been in this business for 27 years and there are still things I do not understand. We just need to learn together with suggestions to make it easier to understand. I am not sure it will ever be easy. Maybe it will be easi~xto understand at some point. Ms. Evelyn Thomas said she just wanted to clarify to make sun~~fj~CJ6derstood the City of Carlsbad does have affordable housing, but all affordable housing is griy~t~ilydeveloped and each development has their own regulations and you may receive Section 8an~,y0~ may get that voucher, but based on those requirements, they may or may not accept the S,e~tipn 8 vouch~rFlsthat what I am understanding? /:\·,.> .. ,:,i: Ms. Fountain answered they are actually two diff:r~gtprograms. S,ection 8 is ,{f~df?rally funded program. (>>:...... ... ··;c.y:, . ··'d> Ms. Thomas interrupted, she understa~df~~Ption 8, and sh'eir:ew up in a single parent home. Do I understand this correctly, if you have afto~d~hle}ousing in theCi!ypf Carlsbad, but that affordable housing is developed privately? Ms. Fountain said right, ,:je~B~~:ibtlusionary };jJriance. Ms. Thomas said in some{sc1~es they ta_'p get out olt1,~·t~clusionary based on a loophole based on what you said. So they have affordc1qle hqysfngc1nd if yoa~~tSection 8 and each affordable housing property has differentx7qui~efl1ents, the.v·~r~ri'.6t7atf:unJfqrm. E~cn is different so based on those requirements, if you are~ppiovea to[.s,~c:tion s'~rj'~:}hen g~H&e}~c:.tioh·s voucher and you go out into the market, that pa'£ti~ular property wl:lq d~velop~i:JJhat afford~b)e•housing may or may not accept the Section 8 voucher:<• ·· ·· · · Ms. Fountai~taicftight, but let·~~'.tnake s~tlvou understand they are actually two different programs. Our inclusionary hSusitlg makes deY:~l,opers build affordable housing for low income. Ms. Thomas commentJ'dtbut the{iBn get out of that based on a loophole. ·~ ' ' ,-,. ·::: ••• ·.·, •7 Ms. Fountain said no, they c;ri:hbt get out of their inclusionary housing. You have an inclusionary housing requirement, you enter into a regulatory agreement that basically says you have to provide this housing for so long. What I was saying was different is that based on how they are funded, they might be affordable to very low at 50% or 60%, or they might have units available to people at 30% to 35%. Or they might have some units at 70% or 80% of the median income. So the low income could vary depending on the project and their funding levels. So depending on what their funding level is, they might have requirements on how they calculate their income. They are going to be the experts on that. On Section 8 you can either take it to the affordable housing development or you can take it to a market rate unit, and if that rent is within the fair market rate rental assistance program, and if that owner is willing to accept that voucher as part of your rent, then you can take it in. So you can create affordable Item #9 March 28, 2017 Page 79 of 82 HOUSING COMMISSION MINUTES February 9, 2017 PAGE 13 of 13 housing, but it doesn't mean it can only go to our affordable housing. The intent is you can only go to the capacity you serve. You might have the rental assistance vouchers, you might have the affordable housing development. In some cases they are put together to make it affordable to the households to get in. It is not a loophole to get out of doing the affordable because if they have an inclusionary requirement, they have a regulatory agreement for 55 years. There might be some under the rental assistance, that they might decide they will no longer accept vouchers. Then you need to find another unit that the owner is willing to accept the voucher. Mr. Donnell clarified that if someone wanted an introduction to the Housing Element, I would be happy to do that with them. Just give me your contact information. The Housing Commission for February 9, 2017, was Respectfully submitted, Deborah Fountain Housing & Neighborhood Services PATRICIA CRESCENTI, Minutes Clerk MINUTES ARE ALSO ARE APPROVED. Item #9 March 28, 2017 Page 80 of 82 STATE OF CAI IFORNIA -BUSINESS CONSUMER SERVICES AND HOU§!NG AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 I FAX (916) 263-7453 www.hcd.ca.gov December 20, 2016 Mr. Don Neu, Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Dear Mr. Neu: EXHIBIT 8 RE: Review of the City of Carlsbad's 5th Cycle (2013-2021) Four-Year Update, Draft Housing Element Thank you for submitting the City of Carlsbad's four-year draft housing element update that was received for review on October 27, 2016 along with additional revisions received on December 9, 12, 15 and 19, 2016. Pursuant to Government Code (GC) Section 65585(b), the Department is reporting the results of its review. Our review was facilitated by multiple telephone conversations with Mr. Scott Donnell, Senior Planner, and Mr. Dave de Cordova, Principal Planner. The draft four-year update meets the statutory requirements of State housing element law. The element will comply with State housing element law (GC, Article 10.6) when adopted and submitted to the Department, in accordance with GC Section 65585(9). Senate Bill 375, (Chapter 728, Statutes of 2008), amended GC Section 65588(e)(4) to requires a jurisdiction that failed to adopt its housing element within 120 calendar days from the statutory due date to revise its element every four years until adopting at least two consecutive revisions by the applicable due dates. The City of Carlsbad did not meet the requirements of GC 65588(e)(4); therefore, it is subject to the four-year revision requirement until the City has adopted at least two consecutive updated revisions by the applicable due dates. Provided the City adopts a compliant housing element on or before April 30, 2017, it will meet the first four-year update requirement. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. For your information, some other elements of the general plan must be updated on or before the next adoption of the housing element. The safety and conservation elements of the general plan must include analysis and policies regarding fire and flood hazard management (GC Section 65302(9)). Also, the land-use element must address Item #9 March 28, 2017 Page 81 of 82 Mr. Don Neu, Planning Director Page 2 disadvantaged communities (unincorporated island or fringe communities within spheres of influence areas or isolated long established legacy communities) based on available data, including, but not limited to, data and analysis applicable to spheres of influence areas pursuant to GC Section 56430. Additional information can be obtained from these two Technical Advisories issued by the Governor's Office of Planning and Research at: http://opr.ca.gov/docs/SB244 Technical Advisory.pdf http://opr.ca.gov/docs/Final 6.26.15.pdf. Also, on January 6, 2016, HCD released a Notice of Funding Availability (NOFA) for the Mobilehome Park Rehabilitation and Resident Ownership Program (MPRROP). This program replaces the former Mobilehome Park Resident Ownership Program (MPROP) and allows expanded uses of funds. The purposes of this new program are to loan funds to facilitate converting mobilehome park ownership to park residents or a qualified nonprofit corporation, and assist with repairs or accessibility upgrades meeting specified criteria. This program supports housing element goals such as encouraging a variety of housing types, preserving affordable housing, and assisting mobilehome owners, particularlythose with lower-incomes. Applications are accepted over the counter beginning March 2, 2016 through March 1, 2017. Further information is available on the Department's website at: http://www.hcd.ca.gov/financial-assistance/mobilehome-park-rehabilitation-resident.., ownership-program/index.html. The Department appreciates the hard work and dedication Mr. Donnell and Mr. de Cordova provided in preparation of the housing element and looks forward to receiving Carlsbad's adopted housing element. If you have any questions or need additional technical assistance, please contact Robin Huntley, of our staff, at (916) 263-7422. Sincerely, ~A~· Glen A. Campora Assistant Deputy Director Item #9 March 28, 2017 Page 82 of 82 TO: AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING CITY CLERK _ ·) DATEOFPUBUCHEARING: ~~2.<6, ["J SUBJECT: ±\DU$.\03 £Le<y\~ \Afd_&-\e LOCATION: \4?-00 C2>V\s,~ \Jl\~~ \)y. DATE NOTICES MAILED TO PROPERTY OWNERS: --~----~-------- NUMBER MAILED: ().. O(.e I declare under penalty of perjury under the laws of the State .of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE ~111~ (Signature) SENT TO FOR PUBLICATION VIA E-MAIL TO: D _Union Tribune _ )L{coast News PUBLICATION DATE: Union Tribune Coast News._-_-_---.=~==l=ll=· :;:f=l=========== I declare under penalty of perjury under the laws of the St California that I am employed by the City of Carlsbad in the City Clerk's Office d the oregoing is true and co~ . Date: 3/!4{(] Attachments: 1) Mailing Labels 2) Notice w/ attachments 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 Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Tuesday, March 28, 2017, to consider approving a General Plan Amendment to revise the General Plan Housing Element. As an element of the General Plan, the Housing Element is a policy document applicable city-wide. The project is within the scope of the prior environmental documents certified and adopted in September 2015 for the Comprehensive General Plan Update, and no further environmental documentation is required per CEQA Guidelines Section 15162. Whereas, on February 15, 2017 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a General Plan Amendment to revise the General Plan Housing Element. As an element of the General Plan, the Housing Element is a policy document applicable city- wide. The project is within the scope of the prior environmental documents certified and adopted in September 2015 for the Comprehensive General Plan Update, and no further environmental documentation is required per CEQA Guidelines Section 15162. 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 Thursday, March 23. If you have any questions, please contact Scott Donnell in the Planning Division at (760) 602-4618 or scott.donnell@carlsbadca.gov. If you challenge the General Plan Amendment in court, you may be limited to raising only those issues yotJ or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 16-02 CASE NAME: 2017 HOUSING ELEMENT UPDATE PUBLISH: FRIDAY, MARCH 17 CITY OF CARLSBAD CITY COUNCIL 2017 Housing Element Update Scott Donnell March 28, 2017 Housing Element Overview •State housing law –Assess –Strategize •Benefits and penalties •General Plan and the Housing Element •2013-2021 planning period Housing Element Review •September: Housing Commission workshop •November: Draft release for public review •December: State compliance determination Housing Element Review •January: Updated draft release •February: Housing and Planning Commissions •March: City Council •April: Final state compliance review •Public outreach and comment Changes Proposed •“Update” versus “overhaul” of current Housing Element •Update of content –Demographics –Cost information –Projects –Sites inventory •No major revisions to Housing Element structure, contents •No significant changes to Housing Plan Proposed Housing Plan •No goal or policies changes •Delete Program 1.5 (At-risk housing) •Update programs Regional Housing Needs Assessment Regional Housing Needs Assessment •Growth forecast produced by the state, allocated by SANDAG •Allocated for four income groups: –Very low: 912 units –Low: 693 units –Moderate: 1,062 units –Above moderate: 2,332 units –TOTAL: 4,999 units •City complies with RHNA Accomplishments since 2013 •New affordable housing –The Preserve (under construction) –64 units –Veterans Housing (approved) –50 units •Homeless assistance –La Posada de Guadalupe 50-70 bed expansion (completed) –Funding for Solutions for Change housing in Carlsbad Accomplishments since 2013 •Housing rehabilitation –Aided six low income households with home repair loans •Housing for persons with disabilities –Approved reasonable accommodations ordinance •Opportunities –Fee deferral ordinance Recommendation That the City Council hold a public hearing and ADOPT a resolution APPROVING General Plan Amendment GPA 16-02 for the 2017 Housing Element Update. Pacific Ocean ---===---===--- City of Carlsbad SB244 Oisad\•antagt d oinrorporattd Community Program -Median Household I'""'""' of $48,166 or less (Census Tracto) D Cily of Carlsbad C Sphere oflnlluence (SOl) -Ofle<Cilies U~llledAn!a .. 244ddnn~-~eomru.es -~~ ....... .,... ................... .....,. medlwl hcM.eet'dd lntcJrm (SI:.Iutn at 2011, ClutcJref 51ll-ShaoiiW'I an tta INIIP •c a..ua nets '!11th ,...... ......., nocmes of W.ttl or *' (CIItom.l:\ "'-*'-' ~ I"'CCCfffe II; ~7.1'01). .sau-c.: 2010 NNncan CormLnly Suwy 1·Ve• ~U.S. Cerala ........ n.-.• ................. _,_.,..., ............... ............................................ --~..,..~··....,.,.... ....... ~ s.cd . .t.l ..... llbl ....... n.....,...., ...... ........... ,_ .. Sot.frCWl.._ ............ .,._..tlldii&MNII ........................................ ~. n.,..._...,MIIIIIft....._'llllhdli!IMMM..,....._. .... ,......_.....,.,.llriiMh ........... -. ............... ,..,...... .... .-,. .. ~ ....... -~IIIII;:I;I .............. Qi .... L»<:: .... Carlsbad San Marcos RHNA Compliance as of April 30, 2016 SITE TYPE VERY LOW LOW MODERATE ABOVE MODERATE TOTAL Development Projects 46 319 182 2,108 2,655 Vacant Land Capacity 112 376 575 881 1,944 Underutilized Land Capacity 1,024 96 399 374 1,893 TOTAL (d.u.)1,182 791 1,156 3,363 6,492 RHNA 912 693 1,062 2,332 4,999 Surplus/Deficit 270 98 94 1,031 1,493