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HomeMy WebLinkAbout2013-07-09; City Council; 21295; Council Policy No. 43 Excess Dwelling UnitsCITY OF CARLSBAD - AGENDA BILL 18 AB# MTG. DEPT. 21.295 7/9/13 CED REVISION OF CITY COUNCIL POLICY STATEMENT NO. 43 - ALLOCATION OF EXCESS DWELLING UNITS DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council ADOPT Resolution No. Policy Statement No. 43. ITEM EXPLANATION: 2013-177 . APPROVING revisions to City Council City Council Policy Statement No. 43 ("Policy No. 43"), last revised in 2005, establishes the City Council's policy regarding the number and the criteria for allocation of "excess" dwelling units. Excess dwelling units become available as a result of residential projects being approved and constructed with fewer dwelling units than would have been allowed by the growth management control points of the Growth Management Plan. Voters approved the Growth Management Plan in 1986 as Proposition E. As stated in the policy, dwelling units that become "excess" are added to the then-existing citywide balance contained in the "Excess Dwelling Unit Bank." Excess dwelling units may be allocated to projects located in any quadrant so long as the number of dwelling units built in each quadrant is consistent with the dwelling unit limitations for each quadrant established by Proposition E. As of May 2013, the Excess Dwelling Unit Bank Balance was 2,136 units. Excess dwelling units may be allocated by the decision-maker (City Council, Planning Commission or City Planner) designated by the Carlsbad Municipal Code. On March 20, 2012, the City Council held a workshop that included a discussion on housing issues. A housing issues report prepared for the workshop is attached. Among the workshop topics discussed were Carlsbad's future housing growth and demographics and, most particular to this agenda bill, recent court decisions that affect affordable housing production. The court rulings restrict the city's ability to apply inclusionary requirements to rental units in the absence of a financial or regulatory incentive or concession and a contractual agreement {Palmer/Sixth Street Properties, L.P. v. City of Los Angeles) and impact how the city can impose fees to assist with the development of affordable housing {Building Industry Association of Central California v. City of Patterson). Based on the workshop discussion, the City Council directed staff to return with two proposals to address the city's inability to apply inclusionary requirements to rental housing. The first would amend Policy No. 43 in a manner that would allow the city to apply inclusionary housing requirements to rental housing. The second proposal would present for City Council consideration a nexus study to establish a rental housing impact fee. Proposed changes to Policy No. 43 are the subject of this agenda bill. Staff is separately processing the nexus study and rental housing impact fee for City Council consideration at a future date. As with all California jurisdictions, Carlsbad has a state mandate to provide housing affordable to all economic segments, with an emphasis on housing affordable to individuals and families with lower DEPARTMENT CONTACT: Scott Donnell 760-602-4618 scott.donnell@carlsbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 incomes. "Affordable" housing is largely achieved in Carlsbad through application of the city's inclusionary housing ordinance. Since adoption ofthe ordinance in 1993, for example, developers have constructed over 2,000 units of affordable housing with the majority (over 1,500 units) built to satisfy inclusionary requirements. In July 2009, the State Court of Appeals determined in the Palmer decision that local inclusionary requirements for rental units are pre-empted by state law (the 1995 Costa-Hawkins Rental Housing Act) regarding rent control. In 2010, the city amended its inclusionary standards to comply with this court ruling. Before the ruling, the city had applied its inclusionary requirements to both ownership and rental projects. Since the ruling and the amendment, rental projects have been approved and constructed without the requirement to provide inclusionary housing. Additionally, the housing issues report prepared for the March 2012 City Council workshop noted Carlsbad demographic and land use trends point to an increase in multi-family construction, including apartments, along with a strong rental market and developer-interest in converting non-residential lands to apartment sites; furthermore, the report noted the majority of residential land in Carlsbad has been developed or planned, shrinking the opportunity for the city to apply its inclusionary requirements and realize affordable housing gains. In light of the above noted constraints and trends, the Council has directed and staff has proposed revisions to Policy No. 43 to ensure the city continues to capitalize on affordable housing opportunities. Proposed changes limit excess dwelling unit allocations, except in the limited circumstances the policy identifies, to only projects that provide affordable housing according to the city's inclusionary housing requirements. Presently, Policy No. 43 permits consideration of unit allocations to projects that do not necessarily provide affordable housing, including projects which would convert non-residential land to residential land. However, current policy provisions that allow minor unit allocations to a project when zoning permits a slightly higher yield than a property's General Plan designation or when a growth management control point density calculation results in a yield that includes a fractional unit would be kept and would not be subject to affordable housing. Proposed revisions also establish that an allocation of excess dwelling units is an "incentive" as defined in the Zoning Ordinance Density Bonus Chapter (Chapter 21.86) and in the state Government Code. An allocation can be identified as an incentive since it is a regulatory concession that results in identifiable, financially sufficient, and actual cost reductions by permitting more dwelling units than othenA/ise would be allowed by the growth management control point; in turn, this reduces developer land costs per dwelling unit. Identifying an allocation as an incentive is important because when a developer agrees by contract with the city to provide affordable housing in consideration for a regulatory concession, the Costa-Hawkins Act and thus the restrictions imposed by the Palmer decision on rental projects do not apply. Currently, inclusionary requirements in Zoning Ordinance Chapter 21.85 state that developers of rental projects receiving an incentive and agreeing by contract to limit rents for below market-rate rental units are subject to inclusionary housing requirements. Accordingly, Policy No. 43 revisions make clear that any applicant seeking an allocation of excess dwelling units shall agree to provide the number of inclusionary housing units and to execute an affordable housing agreement as required by CMC Chapter 21.85. In so doing, the city is able to comply with the Palmer decision and at the same time apply inclusionary housing requirements to rental housing if the developer requests and receives an allocation of excess dwelling units. FISCAL IMPACT: Recommended changes to Policy No. 43 require developers who request an Excess Dwelling Unit Bank allocation to comply with Carlsbad's existing inclusionary requirements. This may result in the payment of affordable housing in lieu fees, purchase of affordable housing credits, and/or construction of affordable housing. It may also result in requests for city financial assistance. The city already has the procedures and programs in place to accommodate inclusionary requirements. Page 3 ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, the action to approve revisions to Policy No. 43 does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Projects receiving an allocation of units pursuant to Policy No. 43 will be subject to environmental review. This review will include analysis of any environmental impacts associated with the dwelling units for which an allocation is requested. EXHIBITS: 1. City Council Resolution No. 2013-177 2. Strike-out/underline version of Policy No. 43 showing all changes proposed 3. Currently adopted Policy No. 43 4. March 15, 2012 Housing Issues report (without attachments) 5. Minutes from March 20, 2012 City Council workshop. 3 Exhibit 1 1 RESOLUTION NO. 2Qmn 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING REVISIONS TO CITY 3 COUNCIL POLICY STATEMENT NO. 43 REGARDING THE NUMBER AND ALLOCATION OF EXCESS DWELLING UNITS 4 CASE NAME: REVISION OF COUNCIL POLICY STATEMENT NO. 43 5 CASE NO.: SS 12-04 6 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2012, City Council workshop, Carlsbad demographic and land use trends point to an increase in 22 multi-family construction, including apartments, along with a strong rental market and developer- 24 interest in converting non-residential lands to high density apartment sites; and 2^ WHEREAS, furthermore, the opportunity for the city to apply its inclusionary 25 requirements and realize affordable housing gains is shrinking as the majority of its residential 27 land has been developed or planned; and 28 WHEREAS, the City Council has established Council Policy Statement No. 43 ("Policy No. 43") on the number and allocation of excess dwelling units that become available as a result of residential projects being approved and constructed with fewer dwelling units than would have been allowed by the growth management control points of the Growth Management Plan approved by voters on November 4, 1986, as Proposition E and as set forth in Carlsbad Municipal Code Section 21.90.045; and WHEREAS, the city is mandated by state law to provide housing for persons of all incomes, with an emphasis on persons with lower incomes, and the city's application of its inclusionary housing requirements is a primary and an effective means of achieving "affordable housing," or housing with rents and sales prices affordable to such persons; and WHEREAS, a 2009 Court of Appeal determination {Palmer/Sixth Street Properties, L.P. v. City of Los Angeles) restricts the city's ability to apply inclusionary housing requirements to rental projects; and WHEREAS, as noted in the housing issues report presented at the March 20, 1 WHEREAS, in light of the above noted constraints and trends, revisions to Policy 2 No. 43 are appropriate to ensure the city continues to capitalize on affordable housing 3 opportunities; and 4 WHEREAS, revisions to Policy No. 43 limit excess dwelling unit allocations, 5 except in limited circumstances, to only projects that provide for affordable housing according to 6 Carlsbad Municipal Code (CMC) Chapter 21.85, the inclusionary housing requirements; and 7 WHEREAS, revisions also establish that an allocation of excess dwelling units is 8 an "incentive," as defined in CMC Section 21.86.020 A.12 and Government Code Section 9 65915(k), in that it is a regulatory concession that results in identifiable, financially sufficient, and 10 actual cost reductions by permitting more dwelling units than othen^/ise would be allowed by the 11 growth management control point and thereby reducing land costs per dwelling unit; and 12 WHEREAS, per CMC Section 21.85.030 A., developers of rental projects 1^ receiving an incentive and agreeing by contract to limit rents for below market-rate rental units 14 are subject to inclusionary housing requirements; and 15 WHEREAS, the revisions to Policy No. 43 clearly establish any applicant seeking an allocation of excess dwelling units shall agree to provide the number of inclusionary housing units and to execute an affordable housing agreement as required by CMC Chapter 21.85. 18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Policy No. 43 is amended as shown on "Exhibit A" to this resolution. /// /// /// /// /// 19 20 21 22 23 24 25 26 27 28 5 1 "NOTICE TO APPLICANT" 2 The time within which judicial review of this decision must be sought is governed 3 by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or 4 other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the 5 record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in 7 court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the 9 proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 8 10 11 12 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 9th day of July 2013, by the following vote to wit: ^•^ AYES: Council Members Hall, Wood, Blackburn, Douglas. 14 15 NOES: None. 16 17 ABSENT: Council Member Packard. 18 19 20 21 22 23 24 25 26 MATT HALL, Mayor ATTEST ^f^^^NGLESON,<^ity Clerk 27 -O:' 28 ^.^ ^ CARLSBAD CITY OF Council Policy Statement Policy No. Date issued: Effective Date: Resolution No. Cancellation Date: Supersedes No. Exhibit A 43 July 9,2013 July 9, 2013 2013-177 N/A 43, issued 4/26/05 Category: "EXCESS DWELUNG UNIT BANK" Specific Subject: Policy for number and allocation of Proposition E "excess" dwelling units PURPOSE: To establish the City Council's policy regarding the number and the criteria for allocation of "excess" Dwelling Units (as defined in Carlsbad Municipal Code Section 21.04.120). Excess Dwelling Units become available as a result of residential projects being approved and constructed with fewer Dwelling Units than would have been allowed by the growth management control points of the Growth Management Plan approved by voters on November 4, 1986, as Proposition E and as set forth in Carlsbad Municipal Code (CMC) Section 21.90.045. BACKGROUND: Dwelling Units that become "excess" shall be added to the then-existing citywide balance contained in the "Excess Dwelling Unit Bank." Excess Dwelling Units may be allocated to projects located in any quadrant so long as the number of Dwelling Units built in each quadrant is consistent with the Dwelling Unit limitations for each quadrant established by Proposition E. A project does not need an allocation of excess Dwelling Units if its proposed density does not exceed the growth management control point as set forth in CMC 21.90.045. An allocation of excess Dwelling Units to a project is an "incentive," as defined in CMC Section 21.86.020 A.12 and Government Code Section 65915(k), in that it Is a regulatory concession that modifies the requirements of CMC Chapter 21.90 of the Carlsbad Municipal Code by permitting developments with more Dwelling Units than othenwise permitted by the growth management control point established in CMC Section 21.90.045. The allocation of excess Dwelling Units to a project will result in identifiable, financially sufficient, and actual cost reductions to the project by permitting more Dwelling Units on a site than would otherwise be allowed by the underlying General Plan land use designation and so reducing land cost per Dwelling Unit. POUCY: Provision Of Inclusionary Units An applicant for excess Dwelling Units shall agree to provide the number of inclusionary housing units required by CMC Section 21.85.050 and to execute an affordable housing agreement according to CMC Section 21.85.140. The calculation ofthe required number of inclusionary units shall be based on all the Dwelling Units in the project and not just those for which the excess Dwelling Unit allocation is sought. The applicant shall otherwise agree to comply with the requirements of CMC Chapter 21.85 applicable to the inclusionary units. Page 1 of3 Policy No. 43 If the applicant desires to rent any Dwelling Units in the project, the application for excess Dwelling Units shall be accompanied by an affidavit stating that any rental inclusionary units proposed by the applicant to comply with CMC Chapter 21.85 will not be subject to Civil Code Section 1954.52(a) nor any other provision of the Costa Hawkins Rental Housing Act (Civil Code Sections 1954.51 et seq.) inconsistent with controls on rents, because, pursuant to Civil Code Sections 1954.52(b) and 1954.53(a)(2), prior to approval of the project, the developer will enter into a contract (affordable housing agreement) with the city agreeing to the limitations on rents required by CMC Chapter 21.85 in consideration for the allocation of excess Dwelling Units, which is a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. These requirements shall be considered minimum requirements for the allocation of excess Dwelling Units. As determined by the decision-maker designated by the Carlsbad Municipal Code, these minimum requirements may be increased depending on various factors, such as project scope and size and the amount ofthe allocation request. Exceptions The City Council also authorizes the decision-maker designated by the Carlsbad Municipal Code to allocate excess Dwelling Units to projects that do not meet the minimum requirements specified above under the limited circumstances identified below. 1. Any residential project with a General Plan designation of Residential Low Density (RL) or Residential Low-Medium Density (RLM) and a base zoning that permits a slightly higher yield of units than would be allowed by the RL or RLM General Plan designation; provided, the proposed density does not exceed the maximum density ofthe RL or RLM density range by more than an additional 25 percent, the project is compatible with the objectives, policies, general land uses and programs expressed in the General Plan, and all ofthe necessary infrastructure is in place to support the project. 2. Any residential project with a General Plan designation of Residential Medium-High Density (RMH) or Residential High Density (RH) which requires an allocation of excess Dwelling Units to meet the minimum density used to determine compliance with housing element law as identified in the latest adopted Housing Element since this minimum density exceeds the growth management control point. This exception does not apply to projects on RH-designated properties in the Beach Area Overlay Zone. 3. Any residential project in which the density used for calculation results in a Dwelling Unit yield that includes a fractional unit of .5 or greater and is the minimum density, growth management control point density, or the density used to determine compliance with housing element law (as identified in the latest adopted Housing Element). In this circumstance, a fraction ofa unit may be granted in order to achieve, but not to exceed, the next whole unit; provided, the maximum density of the applicable General Plan land use designation or applicable Carlsbad Village Master Plan and Design Manual land use district is not exceeded. The procedure for determining Dwelling Unit yield and allocating fractional units is contained in CMC 21.53.230(e). Allocating Excess Dwelling Units The number of excess Dwelling Units allocated shall be at the sole discretion of the decision-maker designated by the Carlsbad Municipal Code. The City Council, Planning Commission or the City Planner retains the discretion to deny approval of the project or approve the proposed project without any Page 2 of 3 Policy No. 43 excess Dwelling Units. In approving a request for an allocation of excess Dwelling Units, the City Council, Planning Commission, or City Planner shall make the following findings: 1. That the project location and density are compatible with existing adjacent residential neighborhoods and/or nearby existing or planned uses. 2. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document. 3. That the project complies with the findings stated in the General Plan Land Use Element for projects that exceed the growth management control point for the applicable density range. (This finding applies only to properties outside the Village Review Zone.) 4. That the project complies with the findings stated in the Carlsbad Village Master Plan and Design Manual, Chapter 3, Development Standards, for projects that exceed the maximum densities set forth therein. (This finding applies only to properties inside the Village Review Zone.) Page 3 of 3 CITY OF ^ CARLSBAD Council Policy Statement Category: Exhibit 2 43 04/26/05 XXX, 2013 04/26/05 XXX. 2013 Resolution No. 2005 -1322013-XXX Cancellation Date: N/A 43, issued PROPOSITION E "EXCESS DWELUNG^^ UNIT BAN^EXCESS DWELUNG UNIT BANK" Policy No. Date Issued: Effective Date: Supersedes No. Specific Subject: ESTABUSHED POUCY FOR NUMBER AND ALLOCATION OF PROPOSITION E "EXCESS" DWELLING UNITSPolicv for number and allocation of Proposition E "excess" dwelling units PURPOSE: To establish the City Council's policy regarding the number and the criteria for allocation of "excess" dwelling units which havoDwelling Units (as defined in Carlsbad Municipal Code Section 21.04.120). Excess Dwelling Units become available as a result of residential projects being approved and constructed with loss dwelling unitsfewer Dwelling Units than would have been allowed by the den&itvgrowth management control points of the Growth Management Plan approved by voters on November 4, 1986, as Proposition ET and as set forth in Carlsbad Municipal Code (CMC) Section 21.90.045. EXCESS DWELLING UNITS Dwelling units that become ''oxcoss" shall be added to the then existing citywide balance (excess dwelling unit bank). Excess units may bo allocated to projects in any quadrant so long as tho number of residential units in each quadrant does not violate the dwelling unit limitations established by Proposition E. BACKGROUND: Dwelling Units that become ''excess" shall be added to the then-existing citywide balance contained in the ''Excess Dwelling Unit Bank". Excess Dwelling Units mav be allocated to proiects located in anv quadrant so long as the number of Dwelling Units built in each quadrant is consistent with the Dwelling Unit limitations for each quadrant established bv Proposition E. A proiect does not need an allocation of excess Dwelling Units if its proposed density does not exceed the growth management control point as set forth in CMC 21.90.045. An allocation of excess Dwelling Units to a proiect is an 'Incentive/' as defined in CMC Section 21.86.020 A.12 and Government Code Section 65915(k). in that it is a regulatory concession that modifies the requirements of CMC Chapter 21.90 of the Carlsbad Municipal Code by permitting developments with more Dwelling Units than otherwise permitted by the growth management control point established in CMC Section 21.90.045. The allocation of excess Dwelling Units to a proiect will result in identifiable, financially sufficient, and actual cost reductions to the proiect by permitting more Dwelling Units on a Page 1 of 4 0 Policy No. 43 site than would otherwise be allowed by the underlying General Plan land use designation and so reducing land cost per Dwelling Unit. POLICY: Although it is not mandatory to uso tho excess dwelling units, the City Council authorizes consideration of allowing the excess units to be allocated to future "qualifying/' residential projects.—In order to "qualify" for an allocation of excess units, a project shall possess one of or more of the following charocteristics: —A project that includes a request for a density bonus made pursuant to and in compliance with state density bonus law. 2-.—Housing units mode affordable to lower or moderate income households. ^.—Senior citizen housing. 4-.—Housing located in the Village—Redevelopment Area or the South Carlsbad Coastal Redevelopmont Area. —Transit oriented, "smart growth" developmont projects where increased residentiol density is being placed in close proximity to major transit facilities, employment opportunities ond commorciol support services. —Projects approved for o land use change from non residential to residential or projects containing o mix of residentiol and non residential. The propertv hosProvision Of Inclusionary Units An applicant for excess Dwelling Units shall agree to provide the number of inclusionary housing units required by CMC Section 21.85.050 and to execute an affordable housing agreement according to CMC Section 21.85.140. The calculation of the required number of inclusionary units shall be based on ali the Dwelling Units in the proiect and not lust those for which the excess Dwelling Unit allocation is sought. The applicant shall otherwise agree to comply with the requirements of CMC Chapter 21.85 applicable to the inclusionary units. If the applicant desires to rent any Dwelling Units in the proiect. the application for excess Dwelling Units shall be accompanied by an affidavit stating that any rental inclusionary units proposed by the applicant to comply with CMC Chapter 21.85 will not be subiect to Civil Code Section 1954.52(a) nor anv other provision ofthe Costa Hawkins Rental Housing Act (Civil Code Sections 1954.51 et seq.) inconsistent with controls on rents, because, pursuant to Civil Code Sections 1954.52(b) and 1954.53(a)(2). prior to approval ofthe proiect. the developer will enter into a contract (affordable housing agreement) with the city agreeing to the limitations on rents required by CMC Chapter 21.85 in consideration for the allocation of excess Dwelling Units, which is a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 ofthe Government Code. These requirements shall be considered minimum requirements for the allocation of excess Dwelling Units. As determined bv the decision-maker designated by the Carlsbad Municipal Code, these minimum requirements may be increased depending on various factors, such as proiect scope and size and the amount ofthe allocation request- Exceptions The City Council also authorizes the decision-maker designated by the Carlsbad Municipal Code to Page 2 of 4 Policy No. 43 allocate excess Dwelling Units to proiects that do not meet the minimum requirements specified above under the limited circumstances identified below. 7; 1. Any residential proiect with a General Plan designation of Residential Low Density (RL) or Residential Low-Medium Density (RLM) and t^wa base zone ofthe proiect would permitzoning that permits a slightly higher yield of units than would be allowed by the RL or RLM General Plan designation; provided, the proposed density does not exceed the maximum density ofthe RL or RLM density range by more than an additional 25 percentT-. the proiect is compatible with the obiectives. policies, general land uses and programs expressed in the General Plan, and all ofthe necessary infrastructure is in place to support the proiect. Thp 2. Any residential proiect with a General Plan designation of Residential Medium-High Density (RMH) or Residential High Density (RH) which requires an allocation of excess Dwelling Units to meet the minimum density used to determine compliance with housing element law as identified in the latest adopted Housing Element since this minimum density exceeds the growth management control point (GMCP). This exception does not apply to proiects on RH-designated properties in the Beach Area Overlay Zone. 8^ 3^ Any residential proiect in which the density used for tho propertvcalculation results in a wftDwelling Unit yield that includes a fractional unit of .5 or greater^ and is the minimum density, growth management control point density, or the density used to determine compliance with housing element law (as identified in the latest adopted Housing Element). In thethis circumstance, a fraction of a unit may be granted in order to achieve, but not to exceed, the next whole unit; provided, the maximum density ofthe applicable General Plan land use designation is not oxceoded.or applicable Carlsbad Village Master Plan and Design Manual land use district is not exceeded. The procedure for determining Dwelling Unit yield and allocating fractional units is contained in CMC 21.53.230(e). Allocating Excess Dwelling Units The number of excess wttsDwelling Units allocated to a particular "qualifying" project shall be at the sole discretion of the decision-maker designated by the Carlsbad Municipal Code. The City Council, Planning Commission or Planning Director as appropriate and sholl be based on the importancethe City Planner retains the discretion to deny approval of the characteristic possessed bv the proiects proiect or. whore a approve the proposed project possesses multiple characteristics, the numbor and importance ofthe charocteristics. without anv excess Dwelling Units. In approving a request for an allocation of excess dwelling unitsDwelling Units, the City Council. Planning Commission, or City Planner shall considermake the location offollowing findings: 1. That the requesting project and the compatibility of increased location and density are compatible with existing adjacent residential neighborhoods and/or nearby existing or planned uses. 2. That the proiect location and density are in accordance with the applicable principlesprovisions ofthe General Plan and any other applicable planning document. 3. That the proiect complies with the findings stated in the General Plan Land Use Element for proiects that exceed the growth management control point for the applicable density range. (This finding applies only to properties outside the Village Review Zone.) Page 3 of 4 Policy No. 43 4. That the proiect complies with the findings stated in the Carlsbad Village Master Plan and Design Manual. Chapter 3. Development Standards, for proiects that exceed the maximum densities set forth therein. (This finding applies only to properties inside the Village Review Zone.) HISTORY: Action Summary Originally Adopted Pebruory 2,1990 Cr+-imir-Krt/4 -» •f/irrrt-il rtrtlir'*^ fnr thp Tillnntinn nf "pYrp'"T" Originally Adopted Pebruory 2,1990 CatalJllailleu q lUiiligi yi\J\\\^y \\J\ iiic aiiUL-atiuii \j\ CA»..C33 dwelling units under the dwelling unit limitations of Proposition E. Amended April 22,1997 Drtflrt/^rl ¥\r\r\ rw'mr't^M IJp+ i->f nmiprt'" tint minlifv/ fnr Tn pwrp'"'" Amended April 22,1997 r>eiiiicu lilt? jjiiuiiiy tiat ut'jji ujccisi iiiwi mjaiiiy lui uii cAv^^uaK dwelling unit allocation. nrt.~rtrt^Krti-17 onn? Ct-t-»P\l!r-kr>/J -l-Urt rtnrv»l->/%r /-»f -n iriil-j klrt rtyrp'"'" HwollinP linit'' Tt T nrt.~rtrt^Krti-17 onn? ualclUllblltJU Lllc liuiiiuci Ul lavdiiuunn CAi^crss uvvciiiii{j uiiita at a V\'\\'\nr-r\ r\f TOHA •mit'' ^thi<" ^A?T" T rpHiirtinn tn thp niimhpr nf nrt.~rtrt^Krti-17 onn? Wcttwtttts UrjcOUU uiiiis ^Liii:^ woa « iC:UUI..I.IUM lu iiiv. MUIIIWCI \JI units in excess dwelling unit bank). nrt.~rtrt^Krti-17 onn? ciir«it^-^+rt/-l +l-irt irt/-lJ»*irlinl rit\/ fiinHnnt HvA/pllinp unit hjink nrt.~rtrt^Krti-17 onn? frTHTTlTTwlcU UrtJ muiviuucii uilymjciui al ll uwciiiiig uiiiv uaiir\ hnlnnrp'" inH in<"tPTH p'"tThlt'"hpH T ritvwIHlp PXTfl*; Hwpllini? AVI 1 IC'llUtiU 1 lUCl—X r , c.\J\Jc. uci Id 1 iLCUi Cl 1 IU iiiaicuu civLCiUiim ivirvj n uiiyvriwv. V,AV.»V,JJI U v-mi •{^ unit bank. AVI 1 IC'llUtiU 1 lUCl—X r , c.\J\Jc. OnxiimA ^Hrt lir-t /-wf nmlprt'" th?it nmlifv fnr Tn pwrp'"'" Hwpllinp AVI 1 IC'llUtiU 1 lUCl—X r , c.\J\Jc. ftcVr&cU ll lc llal Ui jjiujuuis iiiui i^uuiiiy lui aii CACS-JJ urvv-mi ij^ iirtit -»ii'i«-Ttinn inriiiHInp thp plinr^inTtinn nf thp "nrinritv/" AVI 1 IC'llUtiU 1 lUCl—X r , c.\J\Jc. tirnt tJiiuuciiiun, IIII.IUUHly iiic cmiiiilaiiuii ui iiic piiwiiiy system. Amended April 26, 2005 f<nr\M'tf'mA lift nf nmippt*" thnt ninlifv fnr in PVPP'"'" H\A/pllinp unit Amended April 26, 2005 iviuuiliciu 1131 Ul [Jiujc?i.ia iiiqi mjuiiiiy lui oil CAUcaa uwc;tiiii{i^ uiiit -»lli-»/~nfi<-iri inrliiHinp thp THHitinn nf T nrn\/i'"inn tn jillnw Amended April 26, 2005 dMUI.CIiiui 1, 11 luiuuiii{-j llic ouuiLiuii Ul a jjiuviaiuii lu criiuw r>rrt!/r\/~f-c- tri rniinH iiH Thn\/p thp prn\A/th imjimppinpnt rnntrni Amended April 26, 2005 Ul ujci<la lu luuiiu U|J ouuve iiic {-jiuwi.il iiiaiia^dii^iiL K.VJI IKI \JI point by a fraction of a unit. Page 4 of 4 \2P ^ CARLSBAD Exhibit 3 CITY OF Council Policy Statement Policy No. Date Issued: Effective Date: Resolution No. Cancellation Date: Supersedes No. 43 04/26/05 04/26/05 2005-132 43, issued 12/17/02 Category: Specific Subject: PROPOSITION E "EXCESS DWELUNG" UNIT BANK ESTABUSHED POUCY FOR NUMBER AND ALLOCATION OF PROPOSITION E "EXCESS" DWELUNG UNITS PURPOSE: To establish the City Council's policy regarding the number and the criteria for allocation of "excess" dwelling units which have become available as a result of residential projects being approved and constructed with less dwelling units than would have been allowed by the density control points of the Growth Management Plan approved by voters November 4,1986, as Proposition E. EXCESS DWELLING UNITS Dwelling units that become "excess" shall be added to the then-existing citywide balance (excess dwelling unit bank). Excess units may be allocated to projects in any quadrant so long as the number of residential units in each quadrant does not violate the dwelling unit limitations established by Proposition E. BACKGROUND: POLICY: Although it is not mandatory to use the excess dwelling units, the City Council authorizes consideration of allowing the excess units to be allocated to future "qualifying," residential projects. In order to "qualify" for an allocation of excess units, a project shall possess one of or more of the following characteristics: 1. A project that includes a request for a density bonus made pursuant to and in compliance with state density bonus law. 2. Housing units made affordable to lower or moderate income households. 3. Senior citizen housing. 4. Housing located in the Village Redevelopment Area or the South Carlsbad Coastal Redevelopment Area. Page 1 of 2 Policy No. 43 8. Transit-oriented, "smart growth" development projects where increased residential density is being placed in close proximity to major transit facilities, employment opportunities and commercial support services. Projects approved for a land use change from non-residential to residential or projects containing a mix of residential and non-residential. The property has a General Plan designation of Residential Low Density (RL) or Residential Low- Medium Density (RLM) and the base zone ofthe project would permit a slightly higher yield of units than would be allowed by the RL or RLM General Plan designation; provided, the proposed density does not exceed the maximum density of the RL or RLM density range by more than an additional 25 percent. The growth management control point (GMCP) density for the property results in a unit yield that includes a fractional unit of .5 or greater. In the circumstance, a fraction of a unit may be granted in order to achieve, but not to exceed, the next whole unit; provided, the maximum density ofthe applicable General Plan land use designation is not exceeded. The number of excess units allocated to a particular "qualifying" project shall be at the sole discretion of the City Council, Planning Commission or Planning Director as appropriate and shall be based on the importance of the characteristic possessed by the projects or, where a project possesses multiple characteristics, the number and importance of the characteristics. In approving a request for allocation of excess dwelling units, the City Council shall consider the location of the requesting project and the compatibility of increased density with existing adjacent residential neighborhoods in accordance with the applicable principles ofthe General Plan. HISTORY: Action Date Summary Originally Adopted February 2,1990 Established a formal policy for the allocation of "excess" dwelling units under the dwelling unit limitations of Proposition E. Amended April 22,1997 Refined the priority list of projects that qualify for an excess dwelling unit allocation. Amended December 17, 2002 Established the number of available excess dwelling units at a balance of 2800 units (this was a reduction to the number of units in excess dwelling unit bank). Amended December 17, 2002 Eliminated the individual city-quadrant dwelling unit bank balances, and instead established a citywide excess dwelling unit bank. Amended December 17, 2002 Revised the list of projects that qualify for an excess dwelling unit allocation, including the elimination ofthe "priority" system. Amended April 26, 2005 Modified list of projects that qualify for an excess dwelling unit allocation, including the addition of a provision to allow projects to round up above the growth management control point by a fraction of a unit. Page 2 of 2 CITY OF CHRONFiLE Forthemembenoftbo; ^CARLSBAD .^.^^S^^. MEMORANDUM Daie^CHy Mmi«ger^ March 15,2012 To: CITY MANAGER From: COMMUNITY & ECONOMIC DEVELOPMENT DIRECTO Re: HOUSING ISSUES In Carlsbad, the single-family home Is king, constituting more than two-thirds of all existing housing. Sjnce the majority of residential construction has already occurred and is relatively new, the city will remain a predominantly single-family home community for the foreseeable future. Though the building ofthe characteristic detached single-family home continues, the hot rental market as well as changing demographics, emerging preferences and state housing law suggest future home construction may trend toward a denser, attached product. Additionally, the attention of apartment builders has been directed not only at the city's shrinking available residential land but also at its industrial and commercial areas, inquiries have focused on conversion of these non-residential lands into high density residentiai rental projects. Meanwhile, the city is in the midst of updating its General Plan and Housing Element. A key consideration ofthe update process, partly because of state housing law, is how and where to accommodate high density housing. Though conversions of non-residential properties can help address this need, they aiso raise employment, economic, and neighborhood compatibility and acceptance concerns. At the same time, allowing people to live close to jobs and shopping creates opportunities for a healthier, walkable, and more sustainable community. All of these important topics, whether they regard a land use trend or conversion, must be balanced in consideration of recent court rulings that impact the city's ability to provide affordable housing, deny housing projects, and control growth. To provide an analysis and response to these present and emerging trends and challenges, staff has prepared this memorandum. The memorandum discusses the following topics: 1. Recent deveiopment and current market conditions 2. Demographic and land use trends 3. Envision Carisbad - overview and status 4. Land use conversions - points to consider 5. General Plan policy framework on locating higher density, mixed use and affordable housing 6. Housing Elements 7. Affordable Housing and Inclusionary Requirements Case Law 8. Excess Dwelling Unit Bank - purpose and need 1 fm^iicatlons result from the information contained in these topics. However, staff .—JWRf^ls'^iWin.paVticiilar are likely points for further discussion: 1. Current General Plan policy framework on locating higher density, mixed use and affordable housing 2. Affordable Housing and tndusionary Requirements Case Law 3. Excess Dwelling Unit Bank - purpose and need To support the additional discussion, a summary and policy consideration section is provided at the end of topics 5 (General Plan Policy Framework on locating higher density, mixed use and affordable housing), 7 (Affordable housing and inclusionary requirements and recent case law), and 8 (Excess Dwelling Unit Bank - purpose and need). The information in each section is aiso repeated at the conclusion of this report. n 1. Development History and Current Market Conditions The chart below illustrates Carlsbad's residentiai, commercial and industrial development over the last 10 years. The rate of deveiopment increased steadily until the mid-2000's, but by 2009, both new residentiai and non-residential building permit issuances fell to their lowest levels in at least the past decade. Residential and Non-residentlal Development 2,000 S c 1,500 n I 1,000 .tf I 500 « a. Residential (d.u.'s) mm mm Non-resfdential (000 S.f.) . Residential (d.u.'s) mm mm Non-resfdential (000 S.f.) . Residential (d.u.'s) mm mm Non-resfdential (000 S.f.) . 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Calendar Year As the economy slowly recovers and continues to gain momentum, development actMty has increased gradually since 2009, as indicated in the chart above. While not at a scale experienced prior to the Great Recession, we are seeing some fairly significant projects going forward such as the Legoland Hotel, Hilton Carlsbad Beach Resort & Spa, La Costa Town Square, and Palomar Commons. Approximately 300 attached higher density dwelling units (condominiums and apartments) in six projects are currently under construction or nearly under construction. Significant projects now in the planning stages include the west half of Robertson Ranch and Quarry Creek, which along with the Sunny Creek area, represent the last large areas of undeveloped residential land. There have also been an increased number of developer inquiries about prospective apartment projects, consistent with regional and national trends as indicated In a recent North County Times article (Attachment A).^ Many of these inquiries have focused on select sites within the City's industrial core. As office and industrial construction remains relatively flat, developers are exploring conversion of these lands to high density residential uses. ' Eric Wolff Housing: Apartment Construction Rebounding. http7/www.n(^iines.coin/blogsnew/lHisiness/iealside/h 986d-04a0cba45ela.btml (February 2012) 2. Carlsbad Demograpiiic and Land Use Trends • Population' In 2000: 78.247 In 2010: 105.328 (1^35%) By 2050: 129.381 (4^21%) On an annual basis, Carisbad's population grew 7 times faster in the past 10 years then it will grow over the next 40 years. Although Carisbad's population wilt continue to grow, it will do so at a much slower rate than In the recent past (about .5%/yr on avierage vs. 3.5%/yr since 2000). • Age Medianagein2000: 39 in 2010: 40 By 2050: 46 Carlsbad's population is getting older. By 2050, persons age 55 and older ("Boomers") will account for some 87% ofthe future population growth. The fastest growing age groups will be 65-74 (4^68%), 75-84 ('tl38%), and 85+ (1^221%). Combined, these age groups will make up 25% ofthe city's population by 2050, compared to about 14% today. Younger adults 20-34 ("Miliennlais") will also increase in their ranks ('t'17%), while the number of adults 35-54 will be unchanged. Overall, middle and high school-aged children Increase slightly (1^3%), but children 9 and under wiil actually decrease (4^1%). This is consistent with national trends of couples having fewer children and later in life than previous generations.^ • income Median income in 2000: $65,854 In 2010: $77,097 By 2050: $108,624 Carisbad households are relatively more affluent as compared to those In other north county cities and the San Diego region as whote. This demographic shift will continue in the future. For example, the percentage of Carisbad households earning $100K or more is currentiy estimated at 38%. By 2050, the share Increases to 54%. Carisbad's proportion of higher Income households wilt continue to be higher than our neighboring cities (37%) and the rest of the region (35%). ' Sources used for this section include: U. S. Census Bureau, American Community Survey, S-Year Estimates; SANDAG; Gty ofCarlsbad, Envision Carlsbad Working Paper #2, Local Economy, Business DiversiQ' and Tourism (2010); ^Ben Brown. Dream Home for the new era: Compact, connected & mortgage-free. http7/bettercities.net/new8opinjoDA)bgsA)en-brown/17515/dream-honie-nevr 2012) 0\ • Land Use Trends The above demographic trends have Implications for housing preferences In the future. Carisbad is predominantly single-family today (about 68% of all housing) and will remain so In the future. Over the next 30-40 years, the age group that is most likely to purchase single- family homes (35-64) decreases in proportion to the totai population. Demand for single- family housing In Carlsbad may remain high though, due to the relative affluence of so- called "Prosperous Empty-nesters" who may prefer to remain in their homes rather than down-size. There is another trend emerging. The fastest-growing segments in Carlsbad's population ("Millennials" and "Boomers") will shift demand to more multi-famliy housing (both rental and ownership), senior housing, and assisted-living facilities. By 2040, it is expected that two out of every three new dwelling units built in Carlsbad will be multi-family. • Jobs & Employment Land In 2008: 61.999 iobs Bv2050: 87.100 iobs Commercial Land: 1.025 acres total (845 ac developed; 180 ac vacant/approved projects not yet built (note: square footage estimates are not available]). Office/Industrial Land: 1.891 acres total (1,496 ac/17,600,000 sf developed; 132 ac/2,340,000 sf vacant with approved projects not yet built; 263 ac/2,310,000 sf vacant without approved projects). Carisbad is an employment center. The leading employment sectors include: manufacturing (9,791 jobs); wholesale trade (6,071 jobs); professional, scientific and technical services (6,044 jobs); food sen/ices, Including eating and drinking places (4,969 jobs); and hotels and lodging (3,633 jobs). Today in all, there are approximately 1.37 jobs in Carlsbad to every employed resident. By 2050, there will be more jobs (87,100) than working age residents (70,872 age 18-64). There are also more jobs in the city than residences. The current jobs/housing ratio is 1.43. By 2050, the jobs/housing ratio will rise to about 1.72. A "balanced" ratio is typically considered to be around 1.2. Therefore, the present influx of workers from outside the city will continue to be significant into the future. 3. Envision Carlsbad Following the City Council's acceptance ofthe Carisbad Community Vision, staff began woricing on the General Plan update and to date have developed three land use concepts that show a range of land use options to guide the future of Carisbad toward achievement ofthe community's vision. The three land use concepts identify land throughout the city that has the potential to accommodate Carlsbad's future projected growth (opportunity sites), which are vacant or underutilized. The land use concepts, identified below, propose three alternative strategies for accommodating projected population and employment growth, while reflecting the core values of the community's vision. • Concept A: Centers Concept A directs future deveiopment to several new neighborhood centers that are distributed to maximize accessibility from residential neighborhoods. Each center would include local shopping accessible to local residents; high and medium density housing would surround the retail centers or be integrated In mixed use buildings. In this concept, a significant majority ofthe city's future housing needs would be accommodated in the centers, enabling people to live close to shops and services and along transit corridors. • Concepts B: Active Waterfront This concept directs more development along the waterfront, enabling residents, hotels and other uses to be close to the ocean. About half of the city's new residential growth would be near the waterfront area. Plaza Camino Real and Quarry Creek would accommodate most of the other new residential growth. • Concept C: Core Focus Concept C directs new residential and commercial uses to strategic locations at the edges of Carisbad's employment core in the geographic center ofthe city, which would enable residents to live close to jobs, shopping and restaurants. Just over a third ofthe new housing growth would be in central Carlsbad, while the rest would be dispersed at different locations. The three proposed land use concepts were presented to community members and property owners at workshops on January 31 and February 2, 2012. Community feedback received at the workshops and online is currently being analyzed by staff and our consultant team. In March - April, Staff anticipates meeting with the EC3 and Planning Commission to present the community's feedback on the land use concepts and get direction on development of a prefenred plan. A draft preferred plan is anticipated to be presented to the City Council in June 2012. The preferred plan wili be the foundation for the General Plan update. Staff is continuing to process appiicationis to amend land uses independently from the General Plan update. Once a preferred plan Is reviewed and recommended by the City Council, consistency with the preferred plan will be an issue to consider when reviewing applications. n 4. I^nd Use Conversioris-Points to Consider Over the past year, staff has received numerous developer and property owner Inquiries about building multi-family projects on sites scattered throughout Carisbad. These sites are predominantly vatant and non-residential and are in or near the industrial corridor from Avenida Encinas east to the Vista border. Two of the inquiries, for example, proposed several hundred apartments on vacant industrial lots along Palomdr Airport Road. The inquiries were informal and have not yet resulted in the filing of actual applications. Conversion of land uses from non-residentiai (or low density residential) to high density residentiai requires the consideration of many factors as the list below points out. • Public participation and expectations 1. Changes in land use require amendments to the general plan, zoning ordinance, and commonly In the industrial corridor, specific or master plans. Land use changes in the Coastal Zone would also require an amendment to the city's Local Coastal Program. All amendments are subject to public hearings. 2. Changes may be proposed where surrounding owners and residents have land use expectations based on existing uses and already approved land use documents, such as the general plan or a master plan. • Excess Dwelling Unit Bank (EDU) considerations 1. Conversions require EDU withdrawals. Non-residential land uses have no existing dwelling unit allocation and changes from a single-family to multi-family land use would require supplemental allocation of additional units to achieve higher densities. 2. EDU withdrawals are subject to City Council Policy Statement No. 43. To withdraw from the bank, a project must meet the Policy's criteria. Policy 43 Is attached. 3. EDU withdrawals would need to be considered in light ofthe bank balance. Proposition E quadrant caps, and other projects requesting bank withdrawals. Other projects include city-initiated actions that need withdrawals, such as Housing Element Program 2.1 identifying Quarry Cr6ek, the Barrio, the Village, and other sites which could accommodate additional density that are being considered under the General Plan update. • Constraints due to airport and industrial land uses 1. While there Is an abundance of vacant industrial land, airport safety and noise considerations would preclude some industrial corridor properties from residential use. 2. Residentiai uses may impact the types of industrial or manufacturing uses that can locate nearby. • General Pian Land Use Element and Housing Element considerations 1. Land Use Element locational criteria for higher density housing would apply. 2. Conversions may contribute to RHNA and provide housing for lower income persons. 3. Conversions of non-residentiai lands may fulfill specific Land Use and Housing Element policies on integration of housing with non-residential deveiopment and aiso may fulfiii Housing Element Program 2.3, which encourages residential uses in major 22 commercial and major office/industrial centers where appropriate and where not precluded by environmental and safety considerations. • Other 1. Conversion of non-residentiai areas may align with the Carisbad's Community Vision, established as part ofthe first phase of Envision Carisbad, by putting residences close to commercial and job centers and thus encouraging walking, sustainability, livability, and pubiic transit. 2. Mutti-family uses generate less traffic than industrial and commercial uses. 3. Conversion of non-residential land to residential uses may decrease tax revenue and increase public facility needs. 5. Currrent General Plan Policy Framewori< on Locating Higher Density, Mixed Use and Affordable Housing • Overview Guidance on where housing should locate in Carlsbad is provided in the General Plan Land Use and Housing elements. In addition, both elements contain specific criteria on the location of higher density, mixed use, and affordable housing. These criteria are in the form of goals, objectives, policies and programs. For this discussion, "higher density housing" Is provided by the RMH and RH General Plan residentiai land use designations, which make up about 13 percent of ail existing residentiai lands. (The General Plan also uses the temis "multi-family development" and "medium-high density" when describing higher density housing.) "RMH" means Medium-High Density and "RH" means High Density. These designations require minimum densities of 12 and 20 dwelling units per acre, respectively. "Mixed use" housing refers to residential units located in commercial and industrial areas. "Affordable housing" means residences affordable to persons with lower and moderate incomes. Ali three terms are discussed together because more often tiian not, units built in affordable and mixed use projects are higher density housing. Land Use Element policies establish location criteria for ali three housing types. The criteria call for affordable, higher density, and mixed use housing to be: 1. Located throughout Carisbad 2. Sufficient in quantity to meet anticipated growth white retaining the present predominance of single family residences 3. Compatible with adjacent land uses 4. I n or near commercial areas, employment centers and by major transportation corridors 5. Close to open space, community facilities, and other amenities 6. Supported by public facilities and services (existing or proposed) adequate to accommodate the increased population 7. Served by adequate and convenient commercial services (existing or proposed) 8 Attachment D provides the complete wording of each goal, objective and policy. The programs In Carisbad's current Housing Element (2005-2012) implement General Plan policies to ensure Carisbad provides a variety of housing for ali economic segments and meets its Regional Housing Needs Assessment (RHNA). The programs identify specific locations or zones in which higher density housing should locate. Programs 2.1 and 2.3 in particular identify actions the City wiil take to provide land or standards at densities appropriate for higher density housing. The actions, which are consistent with the Land Use Element policies establishing location criteria, are summarized in Attachment E. Program 2.3 encourages mixed use developments. While the action part of the program (see Attachment E) is limited to commercial zones as noted above, the program also provides overali location guidance by stating "major industrial/office centers, where not precluded by environmental and safety considerations, should incorporate mixed Industriai/office/residentlal uses." • Summary and Policy Considerations Staff believes the city's existing General Plan policy framework is adequate and has served the city well. Should an application be filed to change the land use designation from non- residential or low density residential to high density residential, the existing General Plan policies are sufficient to evaluate such a request. Considerations: 1. New policies could specifically address land use conversions from non-residential to residential and the location of residential in industrial areas. 2. For conversions in established areas, a policy could emphasize the need for community engagement. 3. Conversions of non-residential land could be subject to a policy that requires analysis of fiscal impacts and any limitations that new residential uses would impose on surrounding land uses. Please note the opportunity to review the entire policy framework will occur as part of the General Plan Update. 6. Housing Elements • Overview The State of California certified Carisbad's current Housing Element in March 2010. The element addresses housing needs for the fourth housing cycle, which covers the period 2005-2012. The next, or fifth, housing cycle Is effecth/e for an eight year period that begins January 1,2013, and ends December 31,2020. During this cycle, Carisbad will adopt two, four year elements. 9 Li State law requires housing elements for the fifth cycle to be adopted by April 27,2013, or 18 months after the adoption of SANDAG's 2050 Regional Transportation Plan (RTP) and its Sustainable Communities Strategy (SCS); the passage of these documents occurred on October 28,2012. Staff anticipates Carisbad's adoption of its next Housing Element by the April 2013 state deadline. The Housing Element will be updated as part ofthe overali General Pian update. Work has already begun to collect demographic data, identify housing needs and Regional Housing Needs Assessment (RHNA) accommodations, and prepare an outreach pian; a meeting with housing stakeholders to help identify relevant issues for the update is tentatively scheduled for the end of March 2012. Foiiowing adoption, staff will send the housing element to the State Department of Housing and Community Deveiopment (HCD) for certification. Certification provides a number of benefits, described below. • RHNA Carisbad's RHNA allocation for the 2013-2020 (fifth) housing element cycle (see Table A below) was adopted by SANDAG concurrent with the RTP and SCS. The allocation requires Carisbad to identify sites at suitable densities to enable developers to build the number of homes identified in Table A during the cycle. While other methods exist to satisfy a portion of the allocation, such as acquisition of lower income housing to preserve its affordability (e.g., Tyler Court apartments), identifying adequate sites is the primary tool. Cities are not obligated to provide land or build units to meet RHNA. TABLE A CARLBAD'S RHNA ALLOCATION FOR THE FIFTH (2013-2020) HOUSING ELEMENT CYCLE Income Category Very Low Low Moderate Above Moderate TOTAL Number of Units 912 693 1,062 2,332 4,999 Percentage of totai 18% 14% 21% 47% - Satisfying RHNA presented the biggest challenge with adoption ofthe current housing element. While identifying land at the low densities appropriate for ai>ove moderate households was and is not expected to be an issue, identifying sites to accommodate Carisbad's very iow, low (together considered "lower") and moderate income RHNA wiil be difficuit. Though the number and percentage of units to accommodate this need was much greater in the current cycle (4,965 units/59% ofthe total need) than the upcoming cycle (2,667 units/53% ofthe total need), staff anticipates the challenge will remain. With the current housing element, as Carisbad did not have adequate sites to accommodate the lower and moderate income need, land use amendments were required. 10 For the upcoming housing cycle, HCD will require Carlsbad to identify available land at densities HCD considers necessary to make units affordable to lower and moderate income residents. Based on certification of Carisbad's current housing element, these densities will be at least 12 (moderate) and 20 (lower) dwelling units per acre. "Available land" consists of sites that are vacant or have redevelopment potential. Though two, four-year elements will be adopted over the upcoming eight year cycle, programs in the "first" housing element, to be adopted in 2013, will address the RHNA needs for the entire cycle. Sites the city Identified in the current housing cycle toward meeting lower and moderate Income needs can again be counted to help meet RHNA in the upcoming 2013-2020 housing cycle only If they meet the foltowing caveats: 1. The site remains vacant with no approved project; 2. The site remains vacant with an approved project and it Is clear that a portion or all of the project when built will provide or be affordable to lower or moderate income households (e.g., the west half of Robertson Ranch); and 3. Any land use actions identified in the current housing element, whether city-Initiated oir otherwise, to provide necessary densities were completed during the current housing cycle. (e.g.. General Plan, zoning and other amendments necessary to provide necessary densities at Quarry Creek or the Barrio neighborhood). Attachment E provides status and other information about current Housing Element programs 2.1 and 2.3. These programs specify the actions the city wilt take in the current housing cycle (2005-2012) to meet its RHNA obligations. • Certification Benefits The requirement for a certified housing element applies to a charter city and provides both legal and financial benefits. First, state certification provides a local jurisdiction with a rebuttable presumption that the housing element is legally valid. Thus, when a legal challenge is brought against a certified housing element, the burden of proof Is shifted to the challenger to demonstrate that the housing element is legally infirm. Without a certified housing elisment, the City has the burden of establishing its validity. Moreover, case law has established that a finding of consistency with the General Plan may not be valid where a general plan Is Incomplete or Inadequate. Since all land use decisions require a finding of general plan consistency, a defective housing element may jeopardize the City's approval of both residential and non-residentiai projects. It is also imperative that the City have a certified housing element to be eligible for certain funds from SANDAG and HCD; this funding is listed in Table B below. In fact, per SANDAG Board Policy 33 (revised January 2012), SANDAG will not award any discretionary funding identified in Table B unless cities meet these criteria: 11 1 ,•••) 1. Have a housing element certified by HCD, and; 2. Report annually the progress in providing housing to the four different income categories (Carlsbad does this). TABLEB DISCRETIONARY FUNDING PROGRAMS SUBJEa TO SANDAG BOARD POUCY 33 CRITERIA Funding Program Allocating Agency Federal • Transportation Enhancement program SANDAG State • Transportation Development Act (TDA) Article 3 - Non-motorized Program SANDAG Local • TransNet Bicycle, Pedestrian, and Neighborhood Safety Program • TransNet Smart Growth incentive Program SANDAG • Workforce Housing Grant HCD • In-Fill Development Grant HCD 7. Affordable Housing and Inclusionary Requirements Case Law • Overview The City Council has previously been briefed on recent court decisions that have an Impact on the production of affordable housing, including the requirement to specifically identify adequate sites In the City's Housing Element, and those relating to the City's inclusionary requirements. If the amount of new rental affordable housing developed/produced within the community is reduced, that In turn impacts the city's ability to meet significant regional housing needs allocations; industry trends in housing development are currently supporting deveiopment of apartments but not necessarily with affordable rents for low income households, and the Po/mer decision dictates that inclusionary requirements cannot be applied to rental housing units without some form of direct financial assistance or other Incentives. The city amended Its inclusionary housing ordinance in 2010 to be consistent with the decision in Palmer/Sixth Street Properties, LP, v. City of Los Angeles, 175 Cal.App.4*'* 1396 (2009). The ruling has already Impacted Carlsbad's ability to provide affordable housing. In 2011, the Planning Commission approved four, six-unit apartment projects in the La Costa area, all proposed by the same developer. The Commission could not condition each project to pay a fee in lieu of providing affordable units as this would have violated the Costa- 12 Hawkins Act which invalidated rent control. The Cornmisslon did condition the developer to pay any applicable housing impact fee thatthe City Council might establish prior to building permit Issuance for the project. Staff anticipates the developer will begin project construction soon and before a fee Is established. The decision in Building Industry Assodation pf Central Califomia v. City of Patterson, 171 Cal.App.4th 886,899 (2009) impacts how the city can impose fees to assist with the development of affordable housing; financial resources are needed to assist developers In building affordable housing for low income households because Increased density alone typically does not result in the production of new units; if there is no inclusionary requirement for rental units and no related In lieu fee available, revenue to assist affordable housing developers will be substantially reduced. • Summary and Policy Considerations The City has been presented with real impacts related to the Palmer and Patterson court decisions. Despite the rulings, staff believes the city can continue to realize affordable housing production from both ownership and rental projects through amending City Council Policy No. 43 and establishing a Rental Housing Impact Fee. These two recommended proposals, described below, could be included on an agenda at a future regularly scheduled City Council meeting for City Council consideration, at which time the Council could direct staff to proceed accordingly. 1. First, staff recommends that the City Council consider structuring the withdrawal of units from the Excess Dwelling Unit Bank as a regulatory incentive granted only for (1) projects that produce affordable housing that furthers Carlsbad's Housing Element goals or (2) mixed income projects that have a negotiated number of restricted units for low or moderate income households if this would aliow the city to impose inclusionary requirements in rental projects. An amendment to City Council Policy No. 43 would require a project seeking a withdrawal from the dwelling unit bank to meet the qualifications listed in the policy, and if so the project would be provided an automatic allocation of additional dwelling units resultmg in a density increase. Presently, the provision of low or moderate Income housing with a project Is not always required for an allocation of units from the dwelling unit bank. Further, identifying a bank withdrawal as an "incentive" may also require amendment to Zoning Ordinance provisions regarding density bonus and incentives or concessions. If a bank withdrawal is an incentive, it would allow the city to mandate Inclusionary requirements for a rental project, without the necessity for accord by the developer. However, if the project does not require a withdrawal from the bank or some other incentive such as direct financial assistance, the city could not require Inclusionary housing for a rental project. 13 2. Second, staff recommends placing on the council's regular agenda an Item to consider obtaining a nexus study to establish a Rental Housing Impact Fee with the fees generated being used to develop affordable housing at appropriate locations within the City, or allow developers to voluntarily agree to restrict units within their developments in lieu of payment of a new housing impact fee. Last year, the City of Solana Beach adopted an impact fee applicable to rental projects of five units or more based on a nexus study conducted by Keyser Marston Associates. The contracted amount for this study, approved In January 2010^ was $52,000 (including a $5,000 contingency). Besides the two recommended proposals above, other options for City Council consideration Include the following: 1. Advocate for legislative change to allow City inclusionary obligations to apply to new rentals to ensure that these developments are required to assist in producing housing affordable to low income households; and/or 2. Continue all existing policies and programs without revisions. 8. Excess Dwelling Unit Banic - Purpose and Need • Purpose In 1986, Carisbad voters passed Proposition E (Growth Management), which established an overall dwelling unit cap for the city, as well as a dwelling unit cap for each of the four city quadrants (which cumuiath/ely add up to the city dwelling unit cap). To ensure that residential development does not exceed the dwelling unit caps. Proposition E also established Growth Management Control Point (GMCP) densities for each ofthe residential land use designations. For example, the Residential Low Medium (RLM) land use designation has a GMCP density of 3.2 dwelling units per acre. Table C shows the Growth Management dwelling unit caps per the proposition and the number of existing dwelling units in the city. 14 . TABLEC GROWTH MANAGEMENT DWELUNG UNIT CAPS (PER PROPOSITION E) AND EXISTING DWELUNG UNITS City Quadrant Growth Management Dwelling Unit Cap (Per Proposition E) Existing Dwelling Units as of Feb 29,2012 Percentage of Residential BuiltOut NW 15,370 12,926 84% NE 9,042 5,708 63% SW 12,859 10,942 85% SE 17,328 15,609 90% Citywide Total 54,599 45,185 83% Because the General Plan allows residential development to occur below and above the GMCP density (within a specified range), the city established the Excess Dwelling Unit Bank ' as a tool to. ensure consistency with the Growth Management dwelling unit caps. City Council Policy Statement No. 43 (Attachment C) provides direction on the deposit and withdrawal of units from the Excess Dwelling Unit Bank. As described below and as per City Council Policy No. 43, when residential development Is built at a density below the GMCP density, the "excess" units (the difference between what was built and what could have been built at the GMCP density) shall be deposited Into the Excess Dwelling Unit Bank; units In the bank mav then be used to allow residential development above the GMCP density for other projects. • How dwelling units get deposited Into the Excess Dwelling Unit Bank "Excess" dwelling units become available and, per City Council Policy No. 43, shall be deposited into the Excess Dwelling Unit Bank as a result of: 1. Residential projects being approved and constructed with fewer dwelling units than would have been aliowed by the density control points ofthe Growth Management Plan, or 2. Land designated for residential uses is developed with non-residential uses, 3. A general plan amendment that changes a residential designation to a non- residential designation, thereby removing the density originally allocated to the property. • Need for/use of excess units The city niay allow residential development above the applicable GMCP density; however, the units above the GMCP density must be allocated from and come out ofthe Excess Dwelling Unit Bank. City Council Policy No. 43 specifies that only certain types of projects qualify for an allocation from the Excess Dwelling Unit Bank, Including: 15 1. Conversion of (i) non-residential land to residential land or (11) low-density residentiai land to higher-density residentiai land. 2. Housing located in the Village (a portion ofthe excess dwelling unit bank is "reserved" for future housing in the Village). 3. Housing projects affordable to lower and moderate income households. 4. Housing projects that request a density bonus pursuant to state density bonus law. 5. Senior citizen housing. 6. Transit-oriented projects. • Example of deposit/withdrawal from the Excess Dwelling Unit Bank The following two recently approved projects are examples of residential development that resulted In a deposit or withdrawal from the Excess Dwelling Unit Bank. TABLED EXCESS DWELUNG UNFT BANK DEPOSIT AND WITHDRAWAL EXAMPLE Project Requested Action Dwelling Units Allowed Per GMCP Density Dwelling Units Approved Bank Deposit/ Withdrawal Rancho Milagro Single family subdivision (Sunny Creek area of NE Quad) Sl dwelling units (17 acres x 3.2 du/ac) RLM GMCP density dwelling units M excess dwelling units deposited Tavarua Senior Apartments 100% Affordable senior housing (Barrio area) fi dwelling units (1 acre x 6 du/ac) RM GMCP density dwelling units (density increase) M excess dwelling units withdrawn • Excess Dwelling Unit Bank Current Balance City staff tracks the deposits and withdrawals from the Excess Dwelling Unit Bank on a project by project basis to ensure compliance with the Growth Management dwelling unit caps, in 2002, the City Council reduced the bank balance from approximately 5,500 to 2,800 units. Since that time, deposits and withdrawals from the bank have resulted in a current (Feb 29,2012) Excess Dwelling Unit Bank Balance of 3,002 dwelling units. Table E beiow shows how the City Council's 2002 removal of units from the bank resulted in (1) a reduction of the Proposition E quadrant caps, (2) a reduction ofthe Proposition E citywide cap (by 2,694 units) and, in turn, (3) an increase in the the buiid-out percentages in relation to the caps that resulted from the reduction by an average four percent. These figures are in comparison with those in Table C on page 14. 16 TABLE E GROWTH MANAGEMENT DWELUNG UNFF CAPS (PER OTY COUNOL 2002 BANK REDUCTION) AND EXISTING DWELUNG UNITS City Quadrant Growth Management Dwelling Unit Cap (Per City Council 2002 Bank Reduction) Existing Dwelling Units as of Feb 29,2012 Percentage of Residential Buiit-Out NW 14,592 12,926 89% NE 8,507 5,708 67% SW 11,831 10,942 92% SE 16,975 15,609 92% Citywide Total 51,905 45,185 87% Excess dwelling units for the Housing Element Program 2.1 ofthe current Housing Element (2005-2012) identifies various sites where the land use designation or zoning regulations need to be changed to accommodate the city's share ofthe Regional Housing Needs Assessment (RHNA) for the current Housing Element. Excess units will need to be allocated to most of those sites because the Housing Element programs require a change that wiii result in more units on the sites than currently allowed by the existing General Plan. Table F lists the sites identified In Housing Element Program 2.1 that require an allocation from the Excess Dwelling Unit Bank. In addition, the table lists shopping center sites identified In Housing Element Section 3 as potential mixed use residential and commercial developments. Since these sites have no residential unit allocation, they too require a bank allocation. The residential units that could result from mixed use development at these sites also contribute toward the cit/s RHNA share. 17 TABLE F EXISTING EXCESS DWELUNG UNIT BANK BALANCE AND AVAIUBIUTY CURRENT EDU BANK BALANCE^ NW Village NW Other NE SW SE TOTAL CURRENT EDU BANK BALANCE^ 875 493 645 722 267 3002 Excess Units Needed for Housing (Element Sites Village -875 -875 Excess Units Needed for Housing (Element Sites Barrio -227^ -271 Excess Units Needed for Housing (Element Sites Plaza Camino Real -285 -285 Excess Units Needed for Housing (Element Sites North County Plaza -60 -60 Excess Units Needed for Housing (Element Sites Vons Tamarack -25 -25 Excess Units Needed for Housing (Element Sites Country Store -25 -25 Excess Units Needed for Housing (Element Sites Quarry Creek -363 -363 Excess Units Needed for Housing (Element Sites Sunny Creek -88 •88 Excess Units Needed for Housing (Element Sites Ponto -117 -117 Excess Units Needed for Housing (Element Sites Vons La Costa -42 -42 TOTAL AVAILABLE FOR OTHER PROJECTS NA NA NA NA NA 851^ As of the bank reduction in 2002, the excess unit bank is no longer based on quadrants; however, the Growth Management cap for each quadrant cannot be exceeded. The balances shown here reflect the quadrant balances that existed at the time of the reduction adjusted per the changes to the bank that have occurred since the reduction to 2,800 units In December 2002. ^The number of excess units needed for the Barrio reflects the recent withdrawal of 44 units for the Tavarua Senior Apartments, which counted toward satisfying the Housing Element requirement for the Barrk). ^ All of these excess units, as well as some ofthe excess units that were removed from the bank in 2002, will be needed to facilitate the General Pian update, see below for more information on this topic. The city Is currently in the processes of updating the General Plan, including the Housing Element. The Housing Element update will include an analysis ofthe city's inventory of developable sites and their capacity to accommodate the city's share ofthe RHNA for the next housing cycle (2013-2020). Although that analysis has not yet been completed, staff anticipates that the city will need to increase the number of dwelling units allowed on a certain number of sites to meet the RHNA requirements (see Table A, page 10), and that the number of dwelling units currentiy available in the Excess Dwelling Unit Bank may not be sufficient to allow for the necessary dwelling unit increase. This will be determined during the Housing Element update process and may require at least a portion ofthe units "removed" from the Excess Dwelling Unit Bank In 2002 to be restored. • Excess dwelling units for the General Plan update As part of the General Plan update, the city's land use map will also be updated to ensure that planned land uses are appropriate to accommodate the projected housing need, as well as employment growth, over the next 25 years. In comparison to the amount of housing needed to satisfy the RHNA in the next Housing Element, which only addresses the housing need over an eight year period, the General Plan aims to establish residentiai land use designations and policies that wiil accommodate the amount of housing needed over the next 25 years. 18 More information about the General Pla n update can be found above In the section titled Envision Carlsbad. However, In relatton to the Excess Dwelling Unit Bank, the General Plan update program is currently studying three proposed land use concepts that Illustrate different options for accommodating future growth. In terms of residentiai growth to meet future housing needs, all three land use options depend on restoring some, if not most or ail, ofthe excess dwelling units that were removed from the Excess Dwelling Unit Bank in 2002. However, the buiid-out capacity of each ofthe three proposed land use concepts is below the Growth Management dwelling unit caps, as shown In Table H below. Table G reflects the number of excess dwelling units that would be needed to facilitate the three proposed land use concepts. TABLEG EXCESS DWELUNG UNITS NEEDED FOR THE GENERAL PLAN UPDATE EDU Bank Balance as of Feb 29, 2012^ Excess Units Needed for the Proposed General Plan Update Land Use Concepts^ EDU Bank Balance as of Feb 29, 2012^ CONCEPT A CENTERS CON AC WATE CEPTB TIVE RFRONT CONCEPT C CORE FOCUS EDU Bank Balance as of Feb 29, 2012^ #of Excess Units Needed Excess Units Available for Other Projects #of Excess UniU Needed Excess Units Available for Other Projects ffof Excess Units Needed Excess Units Available for Other Projects NW VILUGE 875 875 0 875 0 875 0 NW OTHER 1271 1122 149 1068 203 1086 185 NE 1180 1108 72 953 227 1106 74 SW 1750 1140 610 1268 482 714 1036 SE 620 500 120 474 146 583 37 TOTAL 5696 4745 951 4638 1058 4364 1332 ^ Includes all Housing Element sites and ^ Balances shown in this table reflect th bank in 2002. other sites within the concept map focus areas. e addition ofthe excess units that were removed from the 19 TABLE H BUILDOUT CAPACITY OF PROPOSED UND USE CONCEPTS City Quadrant Growth Management Dwelling Unit Cap Concept A Centers Concept B Active Waterfront Concept C Core Focus NW 15370 13,763 13,753 13,763 NE 9,042 7,322 7,192 7,352 SW 12,859 11,646 11,766 11,296 SE 17,328 16,157 16,127 16,227 Citywide Total 54,599 53,648 53,541 53,267 Summary and Policy Considerations City Council Policy No. 43 mandates the depositing of excess dwelling units in the Excess Dwelling Unit Bank. On the other hand, withdrawing bank units is discretionary. The policy already identifies the limited instances in which withdrawals can occur. In light of the Palmer case and the ever-jiresent challenge In providing affordable housing, staff recommends that the City Council consider further limitations on unit withdrawals from the bank. As discussed in the previous buileted item, unit withdrawals are recommended only for projects that produce affordable housing In furtherance of Carisbad's Housing Etement goals. Additional limitations on unit withdrawal have these considerations: 1. It would preserve excess units for projects with affordable housing, helping Carisbad meet its RHNA obligations Into the future. 2. By preserving units for affordable housing projects, it would assist with housing element certification. 3. it would limit the use of excess units. 20 i?0 Summary and Policy Considerations (as previously stated in items 5,7, and 8) • Current General Plan policy framework on locating higher density, mixed use and affordable housing Staff believes the existing policy framework is adequate and has served the city well. Should an application be filed to change the land use designation from non-residentiai or low density residential to high density residential, the policies are sufficient to evaluate such a request. Other options: 1. Place on the regular city council agenda consideration of new policies that could specifically address land use conversions from non-residential to residential and the location of residentiai in Industrial areas. 2. For conversions in established areas, a policy could emphasize the need for community engagement. 3. Conversions of non-residential land could be subject to a policy that requires analysis of fiscal impacts and any limitations that residential would impose on surrounding land uses. Please note the opportunity to review the entire policy framework will occur as part ofthe General Plan Update. • Affordable Housing and Inclusionary Requirements Case Law The City has been presented with real Impacts related to the Palmer and Patterson court decisions. Despite the rulings, staff believes the city can continue to realize affordable housing production from both ownership and rental projects through amending City Council Policy No. 43 and establishing a Rental Housing Impact Fee. These two recommended proposals, described betow, could be included on an agenda at a future regularly scheduled City Council meeting for City Council consideration, at which time the Council could direct staff to proceed accordingly. 1. First, staff recommends that the City Council consider structuring the withdrawal of units from the Excess Dwelling Unit Bank as a regulatory incentive granted only for (1) projects that produce affordable housing in furtherance of Carlsbad's Housing Element goals or (2) mixed Income projects that have a negotiated numberof restricted units for low or moderate Income households if this would allow the city to impose inclusionary requirements in rental projects. An amendment to City Council Policy No.43 would require a project seeking a withdrawal from the dwelling unit bank to meet the qualifications listed in the policy, and if so the project would be provided an automatic allocation of additional dwelling units resulting in a density Increase. Presently, the provision of iow or moderate income housing with a 21 4 n project is not always required for an allocation of units from the dwelling unit bank. Further, identifying a bank withdrawal as an "incentive" may also require amendment to Zoning Ordinance provisions regarding density bonus and Incentives or concessions. If a bank withdrawal is an incentive, it could allow the city to mandate inclusionary requirements for a rental project, without the necessity for accord by the developer. However, if the project does not require a withdrawal from the bank or some other incentive such as direct financial assistance, the city could not require Inclusionary housing for a rental project. 2. Second, staff recommends placing on the council's regular agenda an item to consider obtaining a nexus study to establish a Rental Housing impact Fee to be used to develop affordable housing at other locations within the City, or allow developers to voluntarily agree to restrict units within their developments in lieu of payment of the new impact fee. Last year, the City of Solana Beach adopted an impact fee applicable to rental projects of five units or more and based on a nexus study conducted by Keyser Marston Associates. The contracted amount for this study, approved in January 2010, was $52,000 (including a $5,000 contingency). Besides the two recommended proposals above, other options fbr City Council consideration include the following: 1. Advocate for legislative change to allow City inclusionary obligations to apply to new rentals to ensure that these developments are required to assist in producing housing affordable to low income households; and/or 2. Continue all existing policies and programs without revisions. Excess Dwelling Unit Bank - purpose and need City Council Policy No. 43 mandates the depositing of excess dwelling units in the Excess Dwelling Unit Bank. On the other hand, withdrawing bank units Is discretionary. The policy already identifies the limited Instances in which withdrawals can occur. In light of the Palmer case and the ever-present challenge in providing affordable housing, staff recommends further limitations on unit withdrawals from the bank. As discussed In the previous buileted item, unit withdrawals are recommended only for projects that produce affordable housing in furtherance of Carlsbad's Housing Element goals. Additional limitations on unit withdrawal have these considerations: 1. It would presen/e excess units for projects with affordable housing, helping Carisbad meet its RHNA obligations into the future. 2. By preserving units for affordable housing projects, it would assist with housing element certification. 3. it would limit the use of excess units. 22 GTB:SD Attachments A. North County Times article: Housing: Apartment construction rebounding (February 2012) B. Cities & Towns Online article: Dream home for the new era: Compact, connected & mortgage free (February 2012) C. City Council Policy Statement No. 43 D. General Plan Land Use Element policy location criteria for higher density housing E. Summary and status of Housing Element programs 2.1 and 2.3 23 MINUTES SPECIAL MEETING: CITY COUNCIL WORKSHOP DATE: March 20, 2012 TIME: 11:00 AM PLACE: CITY ADMINISTRATION BUILDING, ROOM 173B, 1635 FARADAY The Mayor called the meeting to order on March 20,2012 at 11:00 a.m. Present: Hall, Kulchin, Packard, Blackburn and Douglas. REGIONAL REPORTS Blackburn: Council Member Blackburn attended a meeting ofthe Buena Vista Lagoon JPC. He noted that many agencies attended the meeting and discussed several key issues regarding the Environmental Impact Report and future mitigation efforts ofthe Lagoon. He noted that a full title search regarding the Lagoon will be done by SANDAG. City Attorney Ron Ball stated that all agencies agreed to share documents regarding the Lagoon. Kulchin: No Report. Hall: No Report. Packard: In response to Council Member Packard, City Attorney Ball stated that the City will determine a position on Buena Vista Lagoon once all data is presented. Douglas: No Report. Housing Issues: Current Conditions, Emerging Trends, Existing Laws, Policies, Future Needs, Inclusionary Housing Ordinance, and Council Policy #43. The following documents were distributed for this item and are on file in the Office of the City Clerk. • Articles and Memoranda from City Attorney Ball to Mayor and City Council, "Housing Issues Agenda Item on March 20, 2012 Workshop" dated March 14, 2012. • Memorandum from Community and Economic Development Director to Usa Hildabrand, City Manager, and "Housing Issues" dated February 2,2012. • Presentation on Housing Issues, Scott Donnell, March 20, 2012. Staff Members Presenting: Sr. Planner Scott Donnell, Director of Community and Economic Development Gary Barberio, and Housing and Neighborhood Services Director Debbie Fountain. special Meeting Workshop, March 20, 2012 Director Barberio noted that the presentation to Council was to receive input for the General Plan Update. Mr. Donnell spoke about the housing trends by demographics. He explained that "Baby Boomers" and those with "empty nests" were looking for smaller square footage in their residences. He also noted that "Millinials", those in their 20's and 30's, were not looking for single family homes. Discussion ensued regarding multi-family homes. The Mayor noted that the 10-15 year time-frame is valid for determining housing types. Mr. Donnell stated that developers have been requesting higher density projects. At 11:57 a.m. the Mayor called a recess. The Mayor and Council Members Packard, Kulchin, Douglas and Blackburn returned at 12:10 p.m. Public Comment: Mario Monroy discussed the housing numbers assigned to each quadrant Lloyd Hubbs spoke about the need for single family homes. Diane Nygaard spoke about the sizes and numbers of houses and their impact on available land. Margie Monroy noted that the Council needs to note changes and act on them. Cont. of Housing Discussion: Mr. Donnell discussed the housing policy framework: the location of housing, the density of housing and the availability of housing to all economic segments. Council Member Douglas left the meeting at 12:40 pm. Council concurred that the Housing Policy #43 and feasibility study should return to a Regular Council Meeting for consideration. Council Priorities Ms. Hildabrand passed out the Council Priority Project Worksheet and explained its format. This worksheet, dated March 20, 2012, is on file in the Office of the City Clerk. Council asked for updates on the following project: Page 2 Special Meeting Workshop, March 20, 2012 • Agua Hedionda Dredging Director of Utilities Glenn Pruim gave an update on this project and the project's timeline. Mayor Hall adjourned the meeting at 1:35 p.m. / Trrains M. Wood, CMC City Clerk Page 3 Revision of Council Policy Statement No. 43 Scott Donnell, Senior Planner July 9, 2013 Background •Palmer court decision •Inclusionary Housing •Affordable housing mandate •Multi-family unit land use trend •March 2012 Council workshop Proposed Policy Revisions •An allocation is an incentive •Acceptance of an allocation requires contractual agreement •Inclusionary requirements apply •Limited exceptions are permitted Proposed Policy Revisions Proposed revisions: •Comply with Palmer •Are not an additional regulation Recommendation ADOPT City Council Resolution No. 2013- 177 APPROVING revisions to City Council Policy Statement No. 43