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HomeMy WebLinkAbout2021-11-04; Arts Commission; ; Growth Management Plan Update Advisory Committee CharterMeeting Date: Sept. 28, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Jennifer Jesser, Senior Planner jennifer.jesser@carlsbadca.gov, 760-602-4637 Subject: Growth Management Plan Update Advisory Committee Charter District: All Recommended Action Adopt a resolution approving the charter for the Growth Management Plan Update Advisory Committee (Exhibit 1). Executive Summary A City Council goal for fiscal year 2021-2022 is to “engage the community through a citizens committee to create a new plan to manage growth in Carlsbad in a way that maintains an excellent quality of life.” On May 4, 2021, the City Council adopted Resolution No. 2021-100 (Exhibit 2) directing staff to initiate the process to form a citizen’s ad-hoc committee to identify the key elements of a new plan to manage growth and maintain excellent quality of life in Carlsbad. The resolution also directed staff to return to the City Council with a recommendation on the committee’s formation process, potential representation, roles and responsibilities, mission statement and principles of participation. The City of Carlsbad has successfully used such committees in the past to solicit meaningful public input and direction on several large-scale and complex programs and projects, including the Growth Management Plan, the 2015 General Plan update and the Housing Element update. Using these past experiences as a model, staff has developed a citizen’s committee structure that will result in a diverse and engaging discussion on how best to manage growth in Carlsbad to maintain an excellent quality of life. Discussion Background The Growth Management Plan was established in 1986 and consists of City Council adopted documents and a voter proposition: •Growth Management Ordinance (Exhibit 3, current version) •Citywide Facilities and Improvements Plan (Exhibit 4, current version) •Proposition E (Exhibit 5) CA Review __RK__ Sept. 28, 2021 Item #10 Page 1 of 171 The Growth Management Plan was established to address the impacts from development on public facilities, including a limit on the number of residential dwellings that can be built in the city. The plan requires that adequate public facilities are provided concurrent with development. It identifies performance standards for eleven public facilities: • Administration • Library • Wastewater treatment • Parks • Drainage • Circulation • Fire • Open space • Schools • Sewer collection • Water distribution The plan also established financing for public facilities through a public facility management fee applicable to new development. The Growth Management Plan has been an important tool in providing a high quality of life by ensuring there are adequate public facilities to serve the community as development occurs. Today, the city is 90% built out, based on the amount of residential development planned by the General Plan. The Growth Management Plan is relevant to planning public facilities for the last 10% of residential development, but not as relevant to the already built environment of the other 90%. A new plan is needed that focuses on maintaining and enhancing quality of life for the built-out environment. Recent state housing laws have suspended the ability of cities to establish or implement any provision that limits housing development or population. Therefore, the city needs to plan for more growth than is currently planned for by its Growth Management Plan. On April 6, 2021, the City Council adopted Resolution 2021-074 (Exhibit 6) which found the city’s residential housing caps in the Growth Management Plan had been preempted by state law are unenforceable. (Additional information is included in Resolution No. 2021-100, Exhibit 2). Creation of a new plan to manage growth that is in compliance with state housing law is necessary to ensure Carlsbad’s quality of life in and to avoid state enforcement activities and penalties that may result from noncompliance. Community participation is critical to the success of the plan, and a citizens committee, formed in keeping with the City Council’s direction, will be an important part of that participation. Approach The committee structure described below is based on the city’s past models of successful citizen ad-hoc committees that provided meaningful public input and direction on large-scale and complex programs and projects and is designed to will result in a diverse and engaging discussion on how best to manage growth in Carlsbad. Sept. 28, 2021 Item #10 Page 2 of 171 Committee’s mission The draft committee charter, Exhibit 1A, describes the committee’s role, responsibilities and mission, which is to “promote balanced consideration of a range of perspectives on issues affecting the future growth and quality of life in Carlsbad and to identify the key elements of a new plan to manage growth in Carlsbad in a way that maintains an excellent quality of life while also complying with state law.” Committee members To gather a balanced representation of community perspectives, staff recommend that the committee be comprised of Carlsbad residents with 15 primary members and 15 alternate members, one alternate for each primary member. Alternate members will be encouraged to attend meetings to listen and participate as any other member of the public. When needed, they would serve when a primary member is unavailable. The subjects of managing growth and quality of life are broad topics and important to all Carlsbad residents. The city’s existing commissions and boards all address topics that affect quality of life, so staff recommend that a member of each commission or board participate on the committee. Also, two residents from drawn from each City Council district will help ensure all areas of the community are represented. The committee: • Fifteen primary members and 15 alternates • Two members, one primary and one alternate, from each of the following city boards and commissions: o Arts Commission o Beach Preservation Commission o Historic Preservation Commission o Housing Commission o Library Board o Parks and Recreation Commission o Planning Commission o Senior Commission o Traffic and Mobility Commission • Two residents (one primary and one alternate) from each City Council district: o District 1 o District 2 o District 3 o District 4 • Four at-large residents (two primary and two alternates) Appointment of committee members Staff recommend the following process to appoint members to the committee: • Each respective commission/board will nominate two commissioners/members to serve as members of the committee (one primary and one alternate). • The Mayor will consider and confirm the recommended nominations and recommend four at-large residents (two primary and two alternates). Sept. 28, 2021 Item #10 Page 3 of 171 • Each council member will recommend two residents (one primary and one alternate) from the council member’s district. • The full City Council will make the final decision on all appointments on commission, board and district representatives. • From the appointed primary committee members, the Mayor will designate a chair and vice-chair. Committee work product The committee’s work will conclude with a committee-supported report recommending to the City Council the key elements of what should be included in a new plan to manage growth and achieve an excellent quality of life while maintaining compliance with state law. The City Council will consider the committee’s recommendations and direct the next steps to create a new growth management plan. Committee consultant The city will hire a consultant to assist with the committee’s work. As directed by City Council Resolution No. 2021-100 (Exhibit 2), staff are in the process of requesting and subsequently reviewing proposals from consultants with expertise in municipal planning, infrastructure planning, municipal finance, community outreach and engagement, professional facilitation and environmental analysis. Once staff select a recommended consultant, the City Council will be asked to consider approving a professional services agreement for the consultant. This is expected to occur in late 2021. Options The following outlines options regarding number and composition of committee members. Option 1: Form a committee with less than 15 primary members and 15 alternate members Pros • A 15-member committee is a large committee. Most city commissions/boards have five to seven members; a smaller committee may be easier to support and manage. • Fifteen alternate members adds to the number of members to coordinate with. Cons • Due to the broad topics of growth management and quality of life, a committee smaller than recommended by staff could limit the ability to ensure adequate representation of community perspectives. Option 2: Form a committee with more than 15 primary members and 15 alternate members Pros • Additional committee members may broaden the perspectives represented by the committee. Cons • A 15-member committee is a large committee; a larger committee will be challenging to support and manage. • A committee with alternates (15 or more) adds to the number of members to coordinate with. Sept. 28, 2021 Item #10 Page 4 of 171 Option 3: Don’t include an alternate for each committee member Pros • A 15-member committee is a large committee. A smaller committee may be easier to support and manage. • It may be challenging to coordinate with 15 alternates, and to encourage them to attend meetings to stay informed, because they cannot participate in committee discussions or vote as a committee member unless filling in for a primary member. • A reduced number of alternates could fill the same goal and have them fill in as needed to maintain a quorum of 15 persons for discussions and voting. Cons • Without alternates, it may be difficult to achieve a quorum at each meeting, as some primary members may not be able to attend every meeting. Option 4: Form a committee as recommended by staff, with a different composition Options to modify committee make up include:  Fewer commission and/or board members  Additional residents per City Council district  Use the city’s quadrants instead of City Council districts  Include additional stakeholder groups  Choose members based on additional criteria, such as age, how long they have lived in the city, income, etc. Pros • Additional committee members or stakeholders may broaden the perspectives represented by the committee. • Different distributions could achieve the same goal. Cons • Committee recommendation is intended to obtain a balance of broad perspectives from existing committees and distribution of residents from City Council districts • Growth Management Plan standards are based upon the city’s four geographic quadrants; using City Council districts could result in a geographic quadrant of the city not being represented on the committee. Fiscal Analysis There is no anticipated fiscal impact associated with approval of a committee charter and soliciting committee member applications. In a future action related to the committee, staff will ask the City Council will be asked to approve a professional services agreement for the committee consultant. Funding for consultant services has previously been authorized by City Council Resolution No. 2021-100 (Exhibit 2), which authorized the use of $350,000 of the general fund balance for consultant costs associated with the committee. Sept. 28, 2021 Item #10 Page 5 of 171 Next Steps Solicitation of committee applications Following direction from the City Council, city staff will initiate the solicitation of committee applications from residents in each City Council district and will request each city commission and board (as described in the committee charter, Exhibit 1A) to nominate a commissioner or board member to serve on the Growth Management Plan Update Advisory Committee. In December 2021, staff anticipate returning to the City Council with a list of committee member candidates for council appointment (again, as described in the committee charter, Exhibit 1A). Requests for proposals Staff are currently in the process of requesting and subsequently reviewing consultant proposals to assist with the committee’s work. Staff anticipate returning to the City Council in December 2021 with a professional services agreement for the council’s consideration. Environmental Evaluation This action is exempt from the requirements of the California Environmental Quality Act in accordance with Guidelines Section 15378(b)(5), in that amending the enabling legislation of a citizens committee does not meet the definition of a “project.” The action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Public Notification This item was noticed in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council resolution 2. City Council Resolution No. 2021-100 (on file in the Office of the City Clerk) 3. Growth Management Ordinance 4. Citywide Facilities and Improvements Plan 5. City of Carlsbad Proposition E, pages 40-42 (on file in the Office of the City Clerk) 6. City Council Resolution No. 2021-074 (on file in the Office of the City Clerk) Sept. 28, 2021 Item #10 Page 6 of 171 Sept. 28, 2021 Item #10 Page 7 of 171 RESOLUTION NO. 2021-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CHARTER FOR THE GROWTH MANAGEMENT PLAN UPDATE ADVISORY COMMITTEE EXHIBIT 1 WHEREAS, on May 4, 2021, the City Council of the City of Carlsbad, California adopted Resolution No. 2021-100 directing staff to initiate the process to form a citizens committee to identify the key elements of a new plan to manage growth and maintain excellent quality of life in Carlsbad while complying with state housing laws; and to return to the City Council with recommendations on the committee formation process, potential representation, roles and responsibilities, mission statement and principles of participation; and WHEREAS, Attachment A, attached hereto, is the Growth Management Plan Update Advisory Committee Charter, which identifies the committee's mission, principles of participation, representation, roles, meeting process, and work product. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. The Growth Management Plan Update Advisory Committee Charter, Attachment A attached hereto, is approved. 3. The City Clerk is authorized to initiate solicitation of committee applicati-ons from residents of each City Council district. 4. Staff is directed to coordinate with the city commissions/boards identified in Attachment A, attached hereto, to obtain a nomination for one member of each commission/board to participate on the Growth Management Plan Update Advisory Committee. 5. Staff is directed to return to the City Council with a list of candidates ·for appointment to the Growth Management Plan Update Advisory Committee. Sept. 28, 2021 Item #10 Page 9 of 171 City of Carlsbad Growth Management Plan Update Advisory Committee Charter Mission Statement and Prine/pf es of Participation September 28, 2021 Mission Statement Attachment A The mission of the Growth Management Plan Update Advisory Committee is to promote balanced consideration of a range of perspectives on issues affecting the future growth and quality of life in Carlsbad and to identify the key elements of a new plan to manage growth in Carlsbad in a way that maintains an excellent quality of life while also complying with state law. Principles of Participation Role of Growth Management Plan Update Advisory Committee Members To achieve the mission of the Growth Management Plan Update Advisory Committee, the City Council is asking memb.ers to: • Become familiar with the issues that affect future growth and quality of life in Carlsbad • Attend periodic meetings over a period of time (approximately 1 year) • Listen to and respect diversity in perspectives, facts and opinions • Provide constructive feedback t o city staff and consultants on process and draft work products • In decision-making, balance individual and group stakeholder goals with the larger public interest and legal requjrements • Work c;ollab oratively with other committee members in reaching decisions and making recommendations to the City Council • Encourage community participation at committee meetings Representation The committee will be comprised of a total of 19 primary members and 19 alternate members as follows: • Two rnembers (one primary and one alternate) from each of the following city boards and commissions: Sept. 28, 2021 Item #10 Page 10 of 171 Growth Management Plan Update Advisory Comm ittee Charter Mission Statement and Principles of Participation Page 2 o Arts Commission o Beach Preservatfon Commission o Historic Preservation Commission o Housing Commission o Library Board o Parks and Recreation Commission o Planning Commission o Senior Commission o Traffic and Mobility Commission • Four residents (two primary and two alternate) from each City Council district: o District 1 o District 2 o District 3 o District 4 • Four at-large residents (two primary and two alternates) Each respective commission/board will nominate two commissioners/members (one primary and one alternate) to serve as members of the committee. Once each commission/board nominates each member, staff will report to the City Council the nominations with a brief biography. Then , over a period of 30 days; the Mayor will consider and confirm the recommended nominations and will recommend four at-large residents (two primary and two alternates), and each council member will recommend four residents (two primary and two alternate) from the council member's district to serve on the committee. The full City Council will make the final decision on all commission/board and district representative recommendations. From the appointed primary committee members, the Mayor will designate a Chair and Vice-chair. Discussion Process During committee meetings, committee members agree to abide by the following discussion process: • The committee will establish ground rules about how members should conduct themselves during meetings • The preferred decision-making process is collaborative problem-solving • Consensus of the committee will take precedence over individual preferences • In cases of non-consensus, the Chair may call for majority vote of the committee; however, alternative perspectives will be documented Sept. 28, 2021 Item #10 Page 11 of 171 Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation Page 3 • City staff will be present at all meetings to ass ist the Ch~ir and committee as-needed Role of Chair and Vice-chair The Chair will ensure that committee meetings are conducted fairly and efficiently, that proper order and mutual respect among all participants is maintained, that there is full participation during meetings, that all relevant matters are discussedi that all committee members have an opportunity to participate in committee discussions, and that necessary decisions are made. To the extent reasonable, the Chair will seek consensus of the committee in decision-making. In instances where consensus cannot be reached, the Chair may cal l for majority vote of the committee following procedures set forth in Carlsbad Municipal Code Chapter 1.20. However, the Chair will ensure that minority viewpoints are heard and documented. The Chair will ensure that these Principles of Participation and agreed-upon "ground rules" are adhered to. The Chair is responsible for ensuring that members of the public desiring to address the committee have the opportunity to do so at the appropriate time. The Chair may speak to members of t he media on beha lf of the committee, and represent the committee at public workshops) hearings and other public events as appropriate. The role of the Vice-chair is to serve as the Chair in his or her absence . Meeting Schedule The committee will meet approximately once a month (about 10-12 times). Meeting Attendance Full participation of committee members is essential to the effectiveness ofthe committee, and members are expected to attend all committee meetings. If a committee member is unable to attend a meeting, he or she shall notify city staff as soon as possible, and the designated alternate may attend in his or her place. The alternate is encouraged to actively participate in the meeting provided that he or she is adequately briefed as to the status of prior discussions and decisions. If a committee member resigns his or her appointment before the committee's work has concluded, he or she shall notify the Mayor and City Council in writing, with copies sent to the City Clerk, City Manager and the Community Deve lopment Director. The resigning committee members designated alternate shall automatically become a regular commit tee member for the remaining duration of the committee, If the alternate member chooses not to fill the Sept. 28, 2021 Item #10 Page 12 of 171 Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation Page4 vacancy, at their next scheduled meeting, the committee will consider whether to recommend that the Mayor and City Council fill tbe vacated position. Meeting Qu_otum For meeting purposes, a quorum of the committee is met with eight members in attendance. Open Meeting Requirements All committee meetings and committee members are subject to the open meeting requirements of the Ralph M. Brown Act (Brown Act). The Brown Act imposes public notice and access requirements on committee meetings, and places certain limitations on when and how committee members may communicate with one another. New committee members will be given a briefing by the City Attorney's office about the basic requirements of the Brown Act. Meeting Agendas Meeting agendas will be prepared by city staff in consultation with the Chairperson or a majority of the committee, following the procedures of the Brown Act. ,At the conclusion of each meeting, the Chijir and city staff will summarize the results and ide·ntify items that may need further research or be carried over to the next meeting, preview new business for the upcoming meeting, and invite committee members to suggest new items for future meetings. Agendas for future meetings will be established by consensus of the committee with concurrence of the Chair and city staff. Members of the public have a right to attend committee meetings and will have an opportunity to address-the committee on any issue under its purview. Agendas will include time for public comment. External Communications The overriding consideration in all communications is to honor and sustain the constructive, collaborative process of the committee. Committee members are encouraged to communicate with their constituencies in order to keep them informed of the committee's mission and meeting agendas, and to encourage direct participation. Should committee members speak to the media, members are encouraged to provide accurate, factual information, but are asked to refrain from engaging in speculation, advocating a position on a specific issue, speaking on behalf of the committee (except for the Chair or unless authorized by the committee to do so), or otherwise making public statements that would tend to hamper constructive committee discussions. Committee members are asked to notify city staff of any media contact related to the committee and its work. City staff will be available to assrst in any communications to the media, if desired. Sept. 28, 2021 Item #10 Page 13 of 171 Growth Management Plan Update Advisory Committee Charter Mission Statement and Prindples of Participation Page 5 Information Sharing In order to ensure all committee members have the same information available to them, all documents will be distributed t hrough city staff. If a member has information he or she would like to share with other committee members, the information should be given to staff for distribution to the entire committee. Maintaining this f low of information will facilitate a respectful, collaborative process, and help avoid unintended violations of open meeting laws (e.g., serial meetings). Work Products The committee will be responsible for reviewing work product and providing feedback to staff and consultants. The committee is expected to focus on input, review, and "buy-in" to carry out the committee1s mission, rather than deliberating on precise details. The committee's work will conclude with a committee-supported report recommending to the City Council what should be included (key e lements) in a new plan to manage growth and achieve an excell ent quality of life while ensuring compliance with state law. The City Council will consider the committee's recommendations and direct the next steps to create a new growth management plan. EXHIBIT 2 Sept. 28, 2021 Item #10 Page 14 of 171 RESOLUTION NO. 2021-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE WORK PLAN AND AUTHORIZING THE USE OF GENERAL FUND RESERVES TO ACHIEVE THE CITY COUNCIL'S FISCAL YEAR 2021-2022 GOAL TO "ENGAGE THE COMMUNITY THROUGH A CITIZENS COMMITTEE TO CREATE A NEW PLAN TO MANAGE GROWTH IN CARLSBAD IN A WAY THAT MAINTAINS AN EXCELLENT QUALITY OF LIFE" WHEREAS, in 1986 the voters of the City of Carlsbad, California adopted Proposition E, which has become known as the Growth Management Plan (GMP); and WHEREAS, the GMP amended the city's General Plan and municipal code by setting forth growth control measures on housing development and establishing performance standards for certain public facilities including city administration, library, wastewater treatment capacity, parks, drainage, circulation, fire, open space, schools, sewer collection, and water distribution, which ensured that all necessary public facilities were adequate and available concurrent with need to serve new development; and WHEREAS, the residential growth control measures established quadrant caps (15,370 units in the northwest quadrant; 9,042 units in the northeast quadrant; 12,895 units in the southwest quadrant; and, 17,328 units in the southeast quadrant) and a citywide unit cap (54,599 units); and WHEREAS, as of March 2021 the city has built or entitled (approved development projects that have not yet been constructed) 14,953 units in the northwest quadrant; 8,940 units in the north northeast quadrant; 11,732 units in the southwest quadrant; 17,021 units in the southeast quadrant; and 52,646 units citywide; and WHEREAS, California has been experiencing an increasing housing shortage, such that by 2018, California ranked 49th among the United States in housing units per resident. This shortage has been estimated to be 3-4 million housing units (20-30% of California's housing stock, 14 million as of 2017). Experts say that California needs to double its current rate of housing production (85,000 units per year) to keep up with expected population growth and prevent prices from further increasing and needs to quadruple the current rate of housing production over the next seven years in order for prices and rents to decline; and Sept. 28, 2021 Item #10 Page 15 of 171 WHEREAS, in response to this housing crisis, the state legislature has adopted a series of housing related bills over recent years to increase housing productio·n. These changes limit the city's ability to fully implement the Growth Management Plan; and WHEREAS, one of the laws passed by the California Legislature was the Residential Density and Affordability Act of 2017 (SB 166), which amended the Housing Element law to require the city to ensure that its Housing Element is capable of accommodating the remaining Regional Housing Needs Allocation (RHNA) "at all times (Gov. Code§ 65863(a};" and WHEREAS, another law passed by the California Legislature was the Housing Crisis Act of 2019 {SB 330), which added Section 66300 to the Government Code. It states that California is experiencing a housing shortage crisis of historic proportions. To address the crisis, the Legislature has declared a statewide housing emergency until 2025 and suspended certain restrictions on development of new housing during the emergency. Among other things, the Legislature, under Government Code Section 66300 (b)(l)(D), has suspended the abtlity of cities to establish or implement any provision that: • Limits the number of land use approvals or permits necessary for the approval and construction of housing that will be issued or allocated within all or a portion of the city, • Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other time period, or • Limits the population of the city; and WHEREAS, for the sixth housing cycle (2021-2029), the State Department of Housing and Community Development, via the San Die.go Association of Governments, assigned the city a total of 3,873 housing units to be created in Carlsbad during this upcoming eight-year housing period, of which 2,195 must be reserved for householtls in the low-and very low~income category; and WHEREAS, in order to accommodate these housing units, its anticipated that one or more of the Growth Management Plan quadrant caps will be exceeded, and likely the citywide cap; and WHEREAS, the City Council sees a need to engage the community through a citizens committee to initiate discussions regarding what should be included in the development of a new plan to manage future growth in Carlsbad in a way that maintains an excellent quaHty of life while also complying with state law; and Sept. 28, 2021 Item #10 Page 16 of 171 WHEREAS, initiating work to develop a new plan to manage future growth will achieve savings by enabling the city to avoid future state enforcement activities and penalties that may result from non-compliance with state housing law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: II II II II II II II 1. 2. The above recitations a.re true and correct. The City Council directs staff to initiate the process to form a citizen's ad-hoc committee as described in the work plan (Attachment A) and return with recommendations on the committee formation process, potential representation, roles and responsibilities, and draft mission statement and principles of participation for City Council consideration. 3. The City Council finds that the one-time opportunity cost of $350,000 associated with the work described in the work plan will achieve savings by enabling the city to avoid future state enforcement activities and penalties that may result from non-compliance with state housing law. 4. The Deputy City Manager, Administrative Services is authorized to assign $350,000 of the unassigned General Fund reserve balance at fisca l year-end 2020-21 to pay for one- time anticipated consultant costs associated with the citizens committee as described in the work plan (Attachment A). 5. The City Manager is authorized to include this $350,000 one-time opportunity cost in the city's FY 2021-22 Preliminary Operating Budget. Sept. 28, 2021 Item #10 Page 17 of 171 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of May, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. None. None. MATT HALL, Mayor ~JV\Mv?vW BARBARA ENGLESON, City Clerk (SEAL) Sept. 28, 2021 Item #10 Page 18 of 171 Goal Attachment A Engage the community through a citizens committee to create a new plan to manage growth in Carlsbad in a way that maintains an excellent quality of life. Lead Supporting Community Development City Attorney Parks & Recreation Police Fire Library & Cultural Arts Finance Communications Traffic & Mobility Utilities Resource needs • 50% Senior Planner in Community Development Dept. • Estimated 30-40 hours monthly from supporting departments • $350,000 (not to exceed) for consultant contract Estimated 12/22 completion Growth Management Plan Citizens Committee To ensure a robust and engaging exchange of ideas and approaches to effectively manage growth in Carlsbad, staff will assist the City Council in developing the composition and charter of a citizens committee. Staff will also secure the services of a professional consultant with expertise in land use and municipal infrastructure and finance planning. Ultimately, the citizens committee will provide the City Council with recommendations and suggestions on what should be considered when preparing a new plan to manage growth in the city. Tasks • Committee Formation o City Council workshop to discuss committee formation o City Council meeting to form committee and charter o ~ Three months to complete • Consulting Services o Develop scope of work/request for proposals for consultant services o Consultant selection o City Council contract approval o ~ Th ree months to complete • Citizen Committee Meetings and Report FY 2021-22 City Council Goals Work Plan o Prepare public informational materials o Schedule and facilitate committee meetings o Actively promote meetings and engage t he community o Support the committee in development of recommendations o Present committee's recommendations to the City Council o ~ Eight to twelve months to complete Exhibit 3 Sept. 28, 2021 Item #10 Page 19 of 171 Sections: 21.90.010 21.90.020 21.90.030 21.90.031 21.90.032 21.90.033 21.90.040 21.90.045 21.90.050 21.90.060 21.90.070 21.90.080 21.90.090 21.90.100 21.90.110 21.90.120 21.90.125 21.90.130 21.90.140 21.90.150 21.90.160 21.90.170 21.90.180 21.90.185 21.90.190 21.90.195 Purpose and intent. Definitions. Chapter 21.90 GROWTH MANAGEMENT General prohibition-Exceptions. 21.90.010 Tolling of time for consideration of applications submitted before the effective date of this chapter. Tolling of expiration of previously issued development permits. Extensions of prior approvals prohibited. Compliance with this chapter. Growth management residential control point established. Establishment of local facilities management fee. Special provisions for building permits issued during temporary moratorium. Finding of health, safety and welfare necessary for the fees imposed by Sections 21.90.050 and 21.90.060. Performance standard. City-wide facilities and improvements plan. Local facilities management zones. Contents of local facility management plans. Local facilities management plan preparation. Facilities management plan processing. Implementation of facilities and improvements requirements. Obligation to pay fees or install improvements required by any other law. Implementing guidelines. Exclusions. Council actions, fees, notice. Public facility reductions. Residential dwelling unit caps. Severability. Fee deferral. 21.90.010 Purpose and intent. (a) It is the policy of the city to: (1) Provide quality housing opportunities for all economic sectors of the community; (2) Provide a balanced community with adequate commercial, industrial, recreational and open space areas to support the residential areas of the city; (3) To implement the provisions of Proposition E adopted by the citizens of Carlsbad on November 4, 1986, to require that public facilities and improvements meeting city standards are available con- currently with the need created by new developments and to limit the number of residential dwell- ing units which can be approved or constructed in the city; (4) Balance the housing needs of the region against the public service needs of C;;irlsbad residents and available fiscal and environmental resources; (5) Encourage infill development in urbanized areas before allowing extensions of public facilities and improvements to areas which have yet to be urbanized; (6) Ensure that all development is consistent with the Carlsbad general plan; 1105 Sept. 28, 2021 Item #10 Page 20 of 171 21 .90.020 (7) Prevent growth unless adequate public facilities and improvements are provided in a phased and logical fashion as required by the general plan; (8) Control of the timing and location of development by tying the pace of development to the provi- sion of public facilities and improvements at the times established by the city-wide facilities and improvements plan. (b) The city council of the city has determined despite previous city council actions, including but not lim- ited to, amendments to the land use, housing, and parks and recreation elements of the general plan, amendments to city council Policy No. 17, adoption of traffic impact fees, and modification of park dedication and improvement requirements, that the demand for facilities and improvements has out- paced the supply resulting in shortages in public facilities and improvements, including, but not limited to, streets, parks, open space, schools, libraries, drainage facilities and general governmental facilities. The city council has further determined that these shortages are detrimental to the public health, safety and welfare of the citizens of Carlsbad. (c) This chapter is adopted lo ensure the implementation of the policies stated in subsection (a), to elimi- nate the shortages identified in subsection (b ), to ensure that no development occurs without providing for adequate facilities and improvements, to regulate the pace of development thereby ensuring a con- tinued supply of housing over a period of years and to continue the quality of life for all economic sec- tors of the Carlsbad community. (d) This chapter will further the policies, goals and objectives established herein by requiring identification of all public facilities and improvements required for development, by prohibiting development until adequate provisions for the public facilities and improvements are made by developers of projects within the city, and by giving development priority to areas of the city where public facilities and im- provements are already in place (infill areas). (e) This chapter replaces the temporary moratorium on processing and approval of development projects imposed by City Council Ordinance No. 9791 . (Ord. 9829 § 1, 1987; Ord. 9808 § 1, 1986) 21.90.020 Definitions. (a) Whenever the following terms are used in this chapter they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended: (1) "City-wide facilities and improvements plan" means a plan prepared and approved according to Section 21.90.090 identifying those facilities and improvements required on a city-wide basis lo serve the projected population of the city as established by the general plan and providing an out- line and budget for financing certain facilities and improvements which will be provided by the city. (2) "Development" means any use to which land is put, building or other alteration of land and con- struction incident thereto. (3) "Development permit" means any permit, entitlement or approval, whether discretionary or minis- terial, issued under Titles 20 or 21 of this code and any legislative actions such as zone changes, general plan amendments, or master plan approval or amendment. (4) "Facilities" means any schools, parks, open space, or recreational areas or structures providing for fire, library, or 9overnmental services, identified in a facilities management plan. (5) "Improvement" includes traffic controls, streets and highways, including curbs, gutters and side- walks, bridges, overcrossings, street interchanges, flood control or stormdrain facilities, sewer fa- cilities, water facilities and lighting facilities. (6) "Local facilities management plan" means a facilities management plan defined by Section 21.90.120 for a local facilities management zone which is established according to Section 21 .90.100. (Ord. 9808 § 1, 1986) 1106 Sept. 28, 2021 Item #10 Page 21 of 171 21.90,030 21.90.030 General prohibition-Exceptions. (a) Unless exempted by the provisions of this chapter, no application for any building permit or develop- ment permit shall be accepted, processed or approved until a city-wide facilities and improvements plan has been adopted and a local facilities management plan for the appllcable local facilities man- agement zone has been submitted and approved according to this chapter. (b) No zone change, general plan amendment, master plan amendment or specific plan amendment which would increase the residential density or development intensity established by the general plan in ef- fect on the effective date of this chapter shall be approved unless an amendment to the citywide facili- ties management plan and the applicable local facilities management plan has first been approved. (c) The classes of projects or permits listed in this subsection shall be exempt from the provisions of sub- section (a). Development permits and building permits for these projects shall be subject to any fees established pursuant to the city-wide facilities and improvement plan and any applicable local facilities management plan. (1) Redevelopment projects; (2) Projects consisting of the construction or alteration of a single dwelling structure for a family on a lot owned by the family intending to occupy the structure, or not to exceed one nonowner- occupied house per individual for one or more lots owned prlor to July 20, 1986; (3) Building permits ahd final maps for projects identified in Section 2(F) of Ordinance No. 9791 (pro- jects for which construction had commenced and were designated on the map marked Exhibit A to Ordinance No. 9791 "as developing"); (4) Building permits for projects for which all required development permits were issued or approved on or before January 21, 1986. If all required development permits were issued for a portion of the project only, the exemption shall apply to that portion; (5) Building permits for projects for which all required development permits were issued or approved before July 20, 1986, and for which building permits could have been issued under Ordinance No. 9791. If all required development permits were issued for a portion of the project only, the exemp- tion shall apply to that portion; (6) Commercial and industrial projects with approved development permits or with a complete appli- cation on file with the city prior to June 11, 1986, for such permits, New permits for commercial and industrial projects located within an area that has been previously approved for such uses may also be processed and approved; (7) Projects by nonprofit entities for structures and uses for youth recreational, educational or guid- ance programs such as boys and girls clubs or private schools; (8) Zone changes or general plan amendments necessary to accomplish consistency between the general plan and zoning, to Implement the provisions of the local coastal plan or which the city council finds will not increase the public facilities or services and which are initiated by the city council or planning commission; (9) Public utility facilities and improvement projects without accommodations for permanent employ- ees are exempt from the provisions of this chapter unless the city council determines they are of sufficient size and scale to impact public facilities; (10) Adjustment plans; {11) Development permits for minor subdivisions located in the northwest quadrant of the city as de- fined in Ordinance No. 9791 . Building permits for commercial or industrial construction on lots in such subdivisions may be approved. Residential building permits will not be approved for lots In such subdivisions unless otherwise exempt under this chapter except one permit for a nonowner- occupied lot may be approved for each such subdivision; 1107 Sept. 28, 2021 Item #10 Page 22 of 171 21.90.030 (12) The conversion of existing mobile home parks to condominiums or similar forms of ownership whereby the mobile home park will remain s1.1bstantially the same in appearance following such conversion; (13) Master plans or general plan amendmehts in connection with master plans which do not increase the residential density or the overall development intensity or facility needs established by the ex- isting general plan provided a local facilities management plan must be prepared, processed and approved concurrently with the master plan. (d) The provisions of this subsection apply to final maps and other development permits for projects with a tentative map approved July 20, 1986, which are not included in the exemptions listed in subsection (c). (1) If a tentative map or tentative parcel map was approved on or before January 21, 1986, then, af- ter approval of the city-wide facilities plan, a final map or parcel map may be processed and ap- proved before the adoption of a local facility management plan. The expiration period for those tentative maps shall be tolled until the city-wide plan is adopted. The expiration of any develop- ment permits issued in conjunction with those maps shall be tolled until the applicable local facili- ties management plan is approved or, two years after the date the city-wide plan is approved, whichever occurs first. (2) If a tentative map or tentative parcel map was approved after January 21, 1986, and before July 20, 1986, but the approval of final map or parcel map was prohibited by Ordinance No. 9791 , then approval of final maps and parcel maps is prohibited until after preparation of the applicable local facilities management plan. The expiration period of those tentative maps and tentative par- cel maps, and any other development permits issued in conjunction with the maps shall be tolled until the local facilities management plan is approved, or two years after the date the city-wide fa- cilities and improvements plan is approved, whichever occurs first. (e) The exemption for projects listed in subsection (c)(3), (4), (5), and (6) shall expire on July 20, 1988. After that date all development permits for those projects shall be fully subject to the provisions of this chapter. The exemptions for projects listed in subsection (c)(3), (4), (5), and (6) shall apply only so long as the facilities and improvements required as a condition to the issuance of final development permits have been installed or are being installed pursuant to a secured agreement. Any breach of such se- cured improvement agreement shall subject any remaining building permits for the project to the provi- sions of subsection (a). (f) Final or parcel maps for projects listed in subsection (c)(3), (4), (5), (6) and (7) which comply with all the requirements of the Subdivision Map Act and Title 20 of this code which were filed with the city be- fore July 20, 1986, may be approved by the city council, or city engineer as appropriate, after July 20, 1986. Upon approval, those projects shall be subject to the exemption of subsection (c). (g) The city oouncil may authorize the processing of and decision making on building permits and devel~ opment permits for a project with a master plan approved before July 20, 1986, subject to the following restrictions: (1) The city council finds that the facilities and improvements required by the master plan are suffi- cient to meet the needs created by the project and that the master plan developer has agreed to install those facilities and improvements to the satisfaction of the city council. (2) The master plan developer shall agree in writing that all facilities and improvement requirements, including, but not limited to, the payment of fees established by the city-wide facilities and man- agement plan and the applicable local facilities management plan shall be applicable to develop- ment within the master plan area and that the master plan developer shall comply with those plans. (3) The master plan establishes an educational park and all uses within the park comprise an integral part of the educational facility. 1108 Sept. 28, 2021 Item #10 Page 23 of 171 21.90.031 (4) Building permits for the one hundred twenty-nine unit residential portion of Phase I of the project may be approved provided the applicant has provided written evidence that an educational entity will occupy Phase I of the project which the city council finds is satisfactory and consistent with the goals and intent of the approved master plan. (5) Prior to the approval of the final map for Phase I the master plan developer shall have agreed to participate in the restoration of a significant lagoon and wetland resource area and made any dedications of property necessary to accomplish the restoration. (h) After making the findings in paragraph (1) the city council may authorize the processing of and deci- sionmaking on master plans subject to the requirements of paragraph (2). After the grant of the ease- ment required by subparagraph (h)(2)(iv) the tentative map for Phase I of the project, the site plan for the commercial development and the local coastal plan amendment may also be processed and ap- proved. If such approvals are granted and, subject to all other provisions of this code, grading and building permits for construction of the golf course and first phase of the commercial portions of the project may be processed and approved. The processing and approval of all other developments and building permits within the master plan shall not occur until after the city-wide facilities plan and the local facilities management plan have been adopted by the city council. (1) (i) That the master plan will provide all necessary public facilities for the project and will cure any facilities deficits in the area affected by the project; (ii) That the approval will not prejudice the preparation of the city-wide facilities plan and will improve the level of public facilities and services in the area; (iii) That by the dedication of land and the construction of public improvements the project will make a significant contribution to the public facilities needs of the city and provide for the preservation or enhancement of significant environmental resources. (2) (i) The master plan shall include all of the information required by and implementing the provi- sions of Sections 21.90.090 and 21.90.110 for the area covered by the master plan; (ii) The applicant shall agree in writing that all facilities and improvement requirements, includ- ing, but not limited to, the payment of fees established by the citywide facilities and im- provement plan and the applicable local facilities management plan shall be applicable to development within the master plan area and that the master plan developer shall comply with those requirements; (iii) The master plan applicant shall agree to participate in the restoration of a significant lagoon and wetland resource area; (1v) Prior to any processing on the master plan the applicant shall grant an easement over the property necessary for the lagoon restoration and the right-of-way necessary for the widen- ing of La Coasta Avenue and its intersection with El Camino Real. (Ord. NS-63 § 1, 1989; Ord. 9837 § 1, 1987; Ord. 9808 § 1, 1986) 21.90.031 Tolling of time for consideration of applications-submitted before the effective date of this chapter. After approval of the city-wide facilities and improvement plan and the applicable local facilities management plan, applications for development permits which were accepted as complete before the effective date of this chapter shall have processing priority in relationship to the acceptance date. Until the approval of the plans all applicable time limits for processing the development permits shall be tolled. (Ord. 9808 § 1, 1986) 21.90.032 Tolling of expiration of previously issued development permits. If a discretionary development permit, other than a development permit issued in conjunction with a subdivi- sion map, issued prior to July 20, 1986, has an expiration period within which building permits must be is- 1109 Sept. 28, 2021 Item #10 Page 24 of 171 21 .90.033 sued and the issuance of building permits for the project is prohibited by this chapter then the expiration pe- riod shall be tolled until the applicable local facilities management plan is approved, or two years after the date the citywide plan is approved, whichever occurs first. (Ord. 9808 § 1, 1986) 21.90.033 Extensions of prior approvals prohibited. After approval of an applicable local facilities management plan an extension of the expiration date of any development permit shall not be granted unless the extension is found to be consistent with the plan. The decisionmaking body considering an extension may condition the extehsion upon compliance with the city- wide plan and applicable local facilities m1:1nagement plan. (Ord. 9808 § 1, 1986) 21.90.040 Compliance with this chapter. (a) No development permit shall be approved unless the approving authority finds that the permit is con- sistent with the city-wide facilities and improvements plan and the applicable local facilities manage- ment plan. To ensure consistency the approving authority may impose any condition to the approval necessary to implement the plans. (b) No building permit shall be issued unless the fees required by this chapter, and any applicable local facilities management plan fees are first paid, and the permit is consistent with the applicable local fa- cilities management plan. As a condition to the issuance of any building permit pursuant to Section 21.90.030{C) the applicant shall agree to pay the appropriate fees within thirty days of the date each fee is established. (c) The requirements of this chapter are imposed as a condition of zoning on the property to ensure im- plementation of and consistency with the general plan and to protect the public health, safety and wel- fare by ensuring that public facilities and improvements will be installed to serve new development prior to or concurrently with need. (Ord. 9808 § 1, 1986) 21.90.045 Growth management residential control point established. In order to ensure that residential development does not exceed those limits established in the general plan, the following growth management control points are established for the residential density ranges of the land use element. Allowed Dwelling Units Per Acre General Plan Density Ranges Growth Management Control Point RL 0-1.5 1.0 RLM 0-4.0 3.2 RM 4.0-8.0 6.0 RMH 8.0-15.0 11 .5 RH 15.0-23.0 19.0 R-30 23.0-30.0 25.0 No residential development permit shall be approved which density exceeds the growth management control point for the applicable density range unless the following findings are made: 1. The project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the city's public facilities plans will not be adversely impacted; and 2. There have been sufficient developments approved in the quadrant at densities below the control point to cover the units in the project above the control point so that approval will not result in exceeding the quadrant limit; and 3. All necessary public facilities required by this chapter will be constructed or are guaranteed to be con- structed concurrently with the need for them created by this development and in compliance with the adopted city standards. 1110 Sept. 28, 2021 Item #10 Page 25 of 171 21 .90.050 For the purposes of this section the term ''quadrant" means those quadrants esta,blished by the intersections of El Camino Real and Palomar Airport Road as set forth in the map amending the-General Plan and as re- quired by Proposition E adopted November 4, 1986. (Ord. CS-206 § II , 2013; Ord. 9829 § 2, 1987) 21.90.050 Establishment of local facilities management fee. (a) A local facilities management fee is established to pay for improvements or facilities identified in a local facilities management plan which are related to new development within the zone and are not other- wise financed by any other fee, charge or tax on development, or are not installed by a developer as a condition of a building permit or development permit. The fee may also be used to pay for that portion of the facilities or improvements identified in the city-wide facilities and improvements plan attributed to development within the local zone which are not financed by other means. The facilities management fee shall be paid before the issuance of a building permit. The amount of the fee shall be determined based upon the estimated cost of the facility or improvement designated as necessary to accommo- date additional development within the applicable local facilities management zone plus the estimated cost of facilities and improvements identified in the city-wide facilities c1nd improvement plan attribut- able to the local zone. The fee shall be fairly apportioned among the new development. (b) The fee required by this section is in addition to any other means of financing facilities or improvements identified by a local facilities management plan or any other tax, fee, charge or improvement require- ment which may be imposed on the development of properly under the provisions of state law, this code or city council policy. (c) The amount of the fee for a local facilities management zone shall be set by city council resolution after a public hearing, published notice of which shall be given accordin,g to Section 21.54.060.A.2 and Government Code Section 54992. (d) As a condition of any building or development permit application submitted after the effective date of this chapter the applicant shall agree to pay the fee established by this section at the time a building permit is issued. (e) The fee established by this section shall be levied at the time of issuance of a building permit. (Ord. CS-178 § CXXV, 2012; Ord. 9808 § 1, 1986) 21.90.060 Special provisions for building permits issued during temporary moratorium. Applicants for projects for which building permits were issued after January 21, 1986, and before July 20, 1986, shall pay the fee established by Section 21.90.050 within thirty days after the amount of the fee is de- termined by the city council. Payment shall be made according to the agreement executed by the applicant pursuant to Section 3 of Ordinance No. 9791 . (Ord. 9808 § 1, 1986) 21.90.070 Finding of health, safety and welfare necessary for the fees imposed by Sections 21.90.050 and 21.90.060. (a) The city council declares that payment of the fee established and imposed by Sections 21.90.050 and 21.90.060 and installation of the facilities and improvements identified in a facilities management plan are necessary to achieve the policies established in Section 21.90.010 and to implement the city's general plan. If the fees are not paid or the facilities or improvements are not installed the public health, safety and welfare will suffer because there will be insufficient facilities and improvements to accom- modate any new development. This finding is based upon City Council Policy No. 17, City Council Or- dinance No. 9791 , and the evidence presented at the public hearings on the ordinance adopting this chapter. (b) If any condition imposed as a condition of cl development permit or building permit pursuant to this chapter is protested then the permit shall be suspended during the period of the protest. (c) This section is adopted pursuant to Government Code Section 65913.5. (Ord. 9808 § 1, 1986) 11 11 Sept. 28, 2021 Item #10 Page 26 of 171 21.90.080 21.90.080 Performance standard. The city council shall adopt general performance standards for each facility or improvement listed in Section 21 .90.090(b) or 21 .90.110(c). Specific performance standards for city-wide facilities shall be adopted as part of the city-wide facilities and improvement plan. Specific performance standards for each zone shall be adopted as part of the local facilities management plan. If at any time after preparation of a local facilities management plan the performance standards established by a plan are not met then no development per- mits or building permits shall be issued within the local zone until the performance standard is met or ar- rangements satisfactory to the city council guaranteeing the facilities and improvements have been made. (Ord. 9808 § 1, 1986) 21 .90.090 City-wide facilities and improvements plan. (a) To implement the city's general plan by securing provision of facilities and improvements, and to en- sure that development does not occur unless facilities and improvements are available, the city council shall adopt by resolution a city-wide facilities and improvements plan. The plan shall: Identify all facili- ties and improvements necessary to accommodate the land uses specified in the general plan and by the zoning; specify size, capacity and service level performance standards for the identified facilities and improvements; establish specific time tables for acquisition, installation and operation of the facili- ties and improvements correlated to projected population growth, facility and improvement perform- ance stanqards, and projected nonresidential development; identify the financing method or methods for each facility and improvement; and establish a facility and improvement budget for those facilities or improvements which will be constructed or financed by the city. The plan shall encourage infill devel- opment and reduce the growth-inducing impact of premature extension of facilities or improvements to undeveloped areas by establishing priorities for facility and improvement installation or financing. (b) The city-wide facilities and improvement plan shall show how and when the following facilities and im- provements will be installed or financect as specified in subsection (c): (1) Major sewage transmission systems and sewage treatment plants; (2) Major water transmission lines; (3) Major area-wide drainage facilities; (4) Prime and major arterials; freeway interchanges, bridges or overcrossings; (5) Fire facilities; (6) Governmental administration facilities; (7) Parks and other recreational facilities; (8) Libraries. (c) The plan shall include the following information with regard to each facility and improvement listed in subsection (b): (1) An inventory of present and future requirements for each facility and improvement based upon the performance standard established for each facility and improvement. Cost estimates shall be included. The inventory shall be consistent with the general plan and zoning for the area; (2) A phasing schedule establishing the timing for installation or provisions of facilities or improve- ments in relationship to the amount of development activity (e.g. number of dwelling units, num- ber of square feet of commercial space within the service area of the facility or improvement) and the facility and improvement performance standards; (3) A financing plan establishing various methods of funding the facilities and improvements identi- fied In the plan. The plan shall identify those facilities and improvements which would otherwise be provided as a requirement of processing a development project (i.e. requirements imposed as a condition of a development permit) or provided by the developer in order to establish consis- tency with the general plan or Titles 18, 20 or 21 of this code, and those facilities and improve- 1112 Sept. 28, 2021 Item #10 Page 27 of 171 21.90.100 ments for which new funding methods which shall be sufficient to ensure sufficient funds are available to construct or provide facilities or improvements when required by the phasing sched- ule. (d) The city manager shall prepare and preseht the plan to the city council not later than one y.ear from the effective date of the ordinance codified in this chapter. (e) Amendments to this city-wide facilities and improvements plan shall be initiated by action of the plan- ning commission or city council. (Ord. 9808 § 1, 1986) 21.90.100 Local facilities management zones. (a) The city council shall divide the city into facilities management zones. (b) The boundaries of the zones shall be established based upon logical facilities and improvements plan- ning, construction and service relationships to ensure the economically efficient and timely installation of required facilities and improvements. In establishing zone boundaries the city council shall also be guided by the following considerations: (1) Service areas or drainage basins: (2) Extent to which facilities or improvements are in place or available; (3) Ownership of property: (4) Boundaries of existing zoning master plans; (5) Bouhdaries of pending zoning master plans; (6) Boundaries of potential future zoning master plan areas; (7) Boundaries of approved tentative maps; (8) Public facilities relationships, especially the relationship to the city's planned major circulation net- work: (9) Special district service territories; (10) Apptoved fire, drainage, sewer, or other facilities or improvement master plans. (c) The zones shall be established by resolution after a public hearing notice of which is given pursuant to Section 21.54.060.A.2 of this code. (Ord. CS-178 § CXXVI, 2012; Ord. 9808 § 1, 1986) 21.90.110 Contents of local facility management plans. (a) A local facilities management plan shall be prepared for each facility zone and shall cover the entire zone. (b) The plan shall consist of maps, graphs, tables and narrative text and shall be based upon the general plan and zoning applicable within the local zone at the time of plan approval. The local facilities man- agement plan shall be consistent with the city-wide facilities and improvements plan and shall imple- ment the city-wide facilities and improvements plan within the zone. (c) The facilities management plan shall show how and when the following facilities and improvements necessary to accommodate development within the zone Will be installed or finahced as specified in subsection {d): (1) Sewer systems; (2) Water; (3) Drainage; (4) (5) (6) Circulation; Fire facilities; Schools; 1113 Sept. 28, 2021 Item #10 Page 28 of 171 21 .90.120 (7) Parks and other recreational facilities; (8) Open space. (d) The plan shall be consistent with and implement the city-wide facilities management plan and general plan and shall include the following information with regard to each facility and improvement listed in subsection (c): (1) An inventory of present and future requirements for each facility and improvement based upon the performance standard established for each facility. Because improvement requirements for certain facilities and improvements may overlap zone boundaries a discussion of the need for co- ordination and a proposed coordination plan for facilities extending from one zone to another shall be included. Cost estimates shall be included. It must be shown that development in the zone will not reduce the facilities or improvements capabilities or create facilities or improvements short- ages in other zones or reduce service capability in any zone below the performance standard which is established pursuant to Section 21.90.080. The growth-inducing impact of the out-of- zone improvements shall be assessed. (2) A phasing schedule establishing the timing for installation or provisions of facilities or improve- ments in relationship to the amount of development activity (e.g. number of dwelling units, num- ber of square feet of commercial space, etc.) for the facilities management zone. The phasing schedule shall ensure the development of one area of the zone will not utilize more than the area's pro rata share of facility or improvement capacity within that zone unless sufficient capacity is ensured for other areas of the zone at the time of the first development. The phasing schedule shall Include a schedule of development within the zone and a market data and cash flow analy- sis for financing of facilities and improvements for the zone. The phasing schedule shall identify periods where the demand for facilities and improvements may exceed the capacity and provide a plan for eliminating the shortfall. In those situations when demand exceeds capacity and it is not feasible to increase the capacity prior to development, no development shall occur unless a time schedule for and a means of increasing the capacity is established in the plan. (3) A financing plan establishing various methods of funding the facilities and improvements identi- fied in the plan fairly allocating the cost to the various properties within the zone. The plan shall identify those facilities and improvements which would otherwise. be provided as a requirement of processing a development project (i.e. requirements imposed as a condition of a development permit) or provided by the developer in order to establish consistency with the general plan or Ti- tles 18, 20 or 21 of this code, and those facilities and improvements for which new funding meth- ods which shall be sufficient to ensure sufficient funds are available to construct or provide facili- ties or improvements when required by the phasing schedule. Where facilities or improvements are required for more than one zone, the phasing plan shall identify those other zones and the plan for each zone shall be coordinated. Coordination, however, shall not require identical funding methods. (4) A list or schedule of facilities requirements correlated to individual development projects w1thih the zone. (e) The local facilities management plan shall establish the proportionate share of the cost of facilities and improvements identified in the city-wide facilities and improvement plan attributable to development of property on the local facilities management zone. (Ord. 9808 § 1, 1986) 21.90.120 Local facilities management plan preparation. (a) A local facilities management plan may be prepared by the city or by the property owners within the zone according to the procedures established by this section. {b) The city council, upon its own initiative, may by resolution direct the city manager to prepare a facilities management plan for any zone. The city council may assess the cost of preparing the plan to the own- 1114 Sept. 28, 2021 Item #10 Page 29 of 171 21.90.125 ers within the zone after a hearing ten days written notice of which is given to the property owners within the zone. The cost shall be spread pro rata according to acreage and development potential. (c) All owners within the zone may jointly Sl.lbmit a facilities management plan. (d) For zones In which joint submission of a facilities management plan is shown to be not feasible any owner or group of cooperating owners within the zone may petition the city council to allow the owner or group of owners to prepare the plan. After a meeting for which ten days' prior written notice has been given to the property owners within the zone, the city council may permit the owner or group of owners to p~epare and submit the plan. A limit based on the estimated cost of the plan shall be deter- mined at the time of the hearing. The actual cost shall be determined when the plan is adopted and shall be assessed pro rata based on acreage and development potential to property within the facilities management zone. The assessment shall be collected by the city at the time any application for a de- velopment project within the zone is submitted. The owner or owners who prepared the plan shall be reimbursed for the cost of the plan less the owner's or own~rs' pro rata share. No reimbursement shall be made unless the plan is approved. Cost of preparation shall not include interest. (e) As an option to preparation by the owner or group of owners as provided in subsection (d), the city council may decide to direct the city rnahager to prepare the facilities management plan. The cost of preparation shall be advanced to the city by the requesting owner or owners, assessed to all the own- ers and reimbursed as provided in subsection (d). (Ord. 9808 § 1, 1986) 21.90.125 Facilities management plan processing. (a) Facilities management plans shall be reviewed accorqing to the following procedure: (1) A completed facilities management plan complying with this chapter, and accompanied by a processing fee submitted to the planning director for processing. If the planning director deter- mines that the plan complies with the provisions of Section 21.90.110 the director shall set a fa- cilities management plan for public hearing before the planning commission within sixty days of receipt of a complete application. (2) The hearing shall be noticed according to the provisions of Section 21.54.060.A.2. A staff report containing recommendation on the plan shall be prepared and furnished to the public, the appli- cant, and the planning commission prior to the hearing. (3) The planning commission shall hear and consider the application for a facilities management plan and shall by resolution prepare recommendations and findings for the city council. The action of the commission shall be filed with the city clerk. and a copy shall be mailed to the owners within the facility zone. (4) When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the city council. The hearing shall be noticed according to the provisions of Section 21.54.060.A.2. (5) The city council shall hear the matter, and after considering the findings and recommendations of the planning commission, may approve, conditionally approve or deny a facilities management plan. The city council may include in the resolution adopting the facilities management plan any fees or facilities improvement requirements which it deems necessary to impose on development projects within the zone in order to implement the city-wide facilities and improvement plan and the local facilities management plan. (b) A facilities management plan may be amended following the same procedures for the original adop- tion, (c) A local facilities management plan shall be considered a project for the purposes of Title 19 of this code. Environmental documents should be processed concurrently with the plan. (Ord. CS-178 § CXXVII, 2012; Ord. CS-164 § 10, 2011; Ord. 9808 § 1, 1986) 1115 Sept. 28, 2021 Item #10 Page 30 of 171 21.90.130 21.90.130 Implementation offacilities and improvements requirements. (a) To ensure that the provisions of this chapter and the general plan are met, the following shall apply: (1) Except as otherwise provided in this chapter no development permit shall be approved unless the map or permit is consistent with the local facilities management plan and unless provision for all facilities and improvements related to the development project are provided or funded. (2) No building permit shall be issued unless all applicable fees, including, but not limited to, public facilities fees, bridge and thoroughfare fees, traffic impact fees, facilities managem~nt fees, school fees, park-in-lieu fees, sewer fees, water fees, or other development fees identified in the city-wide facilities and improvements plan and local facilities management plan and adopted by the city council have first been paid or provision for their payment has been made to the satisfac- tion of the city council. (b) The city-wide facilities and improvement plan and the local facility management plan process is part of the city's ongoing planning effort. It is anticipated that amendments to the plans may be necessary. Adoption of a facilities management plan does not establish any entitlement or right to any particular general plan or zoning designation or any particular development proposal. The city-wide facilities and improvements plan and the local facilities management plans are guides to ensure that no develop- ment occurs unless adequate facilities or improvements will be available to meet demands created by development. The city council may initiate an amendment to any of the plans at any time if in its discre- tion it determines that an amendment is necessary to ensure adequate facilities and improvements. (c) If at any time it appears to the satisfaction of the city manager that facilities or improvements within a facilities management zone or zones are inadequate to accommodate any further development within that zone or that the performance standards adopted pursuant to Section 21 .90.100 are not being met he or she shall immediately report the deficiency to the council. If the council determines that a defi- ciency exists then no further building or development permits shall be issued within the affected zone or zones and development shall cease until an amendment to the city-wide facilities and improvements plan or applicable local facilities management plan which addresses the deficiency is approved by the city council and the performance standard is met. (d) The city planner shall monitor the development activity for each local facilities management zone and shall prepare an annual report to the city council consisting of maps, graphs, charts, tables and text and which includes a developmental activity analysis, a facilities and improvements adequacy ahalysis, a facility revenue/expenditure analysis and recommendation for any amendments to the facilities man- agement plan. The content of the annual report shall be established by the city council. (e) The city council shall annually review the city-wide facilities and improvements plan at the time it con- siders the city's capital improvement budget. (Ord. 9808 § 1, 1986) 21.90.140 Obligation to pay fees or install improvements required by any other law. Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any public im- provement requirement, dedication requirement or fee requirement which is imposed pursuant to Titles 13, 18, 20 or 21 of this code or pursuant to any city council policy. (Ord. 9808 § 1, 1986) 21.90.150 Implementing guidelines. The city council may adopt any guidelines Jt deems necessary to implement this chapter. (Ord. 9808 § 1, 1986) 21.90.160 Exclusions. (a) Development proposals which consist of facilities, or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. This exclusion shall not apply to develop- ment proposals to which a possessory interest tax would be applicable. 1116 Sept. 28, 2021 Item #10 Page 31 of 171 21.90.170 (b) Tentative maps the application for which was accepted before August 6, 1985, may be approved with- out complying with the plans adopted pursuant to this chapter but any other development permits or building permits for the project shall be subject to the requirements of the plans. The tentative map shall be subject to Section 21.90.030. (Ord. 9808 § 1, 1986) 21.90.170 Council actions, fees, notice. (a) Whenever this chapter requires or permits an action or decision of the city council, that action or deci- sion shall be accomplished by a resolution. (b) The city council shall establish application and processing fees for the submission and processing of facilities management plans and for any other request made under Sections 21.90.100, 21.90.120 or 21.90.140. (c) Whenever written notice is required to be given to property owners under this section the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. (Ord. 9808 § 1, 1986) 21.90.180 Public facility reductions. Notwithstanding any previous sections of this chapter, the city council shall not materially reduce or delete any public facilities or improvements without making a corresponding reduction in residential density unless such a reduction or deletion of public facilities is ratified by a vote of the citizens of Carlsbad. (Ord. 9829 § 4, 1987) 21.90.185 Residential dwelling unit caps. Notwithstanding any previous sections of this chapter, the number of residential dwellings to be approved or constructed after November 4, 1986, shall not exceed the following: Northwest quadrant 5,844; Northeast quadrant 6,166; Southwest quadrant 10,667; Southeast quadrant 10,801, without an affirmative vote of the citizens of Carlsbad. (Ord. 9829 § 4, 1987) 21.90.190 Severability. If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such de- cision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsec- tion, sentence, clause and phrase thereof, irrespective of the fact that any part thereof be declared invalid or unconstitutional. (Ord. 9808 § 1, 1986) 21.90.195 Fee deferral. Notwithstanding anything in this chapter and any resolution of the city council to the cohtrary, all fees subject to this chapter for any residential development that consists of five or more dwelling units and all new com- mercial, office, and industrial buildings or building additions shall only be paid prior to building permit issu- ance, or, at the request of the applicant, deferred until all work required for final inspection has been com- pleted and all department approvals required for final inspection have been obtained by the applicant. The amount of the fees shall be base.ct on the fees in effect at the time of the request for the final inspection, not the time of buildihg permit issuance. In the event that the city, for any reason. fails to collect any or all fees prior to final inspection, such fees shall remain the obligation of the developer and/or the property owner. (Ord. CS~271 § V, 2015; Ord. CS- 200 § V, 2013) 1117 Exhibit 4 Sept. 28, 2021 Item #10 Page 32 of 171 City of Carlsbad Growth Management Program Citywide Facilities and Improvements Plan September 16, 1986 Amended January 9, 1990 Amended April 22, 1997 Amended September 22, 2015 Amended August 22, 2017 CITYWIDE FACILITIES AND IMPROVEMENTS PLAN Adopted by City Council Resolution No. 8797 Septernbter 23, 1986 MARY H. CASLER, MAYOR Claude A. Lewis, Vice Mayor Ann J. Kulchin, Councilrnernber Richard Chick, Councilmember Mark V. Pettine, Councilmember Frank D. Aleshire, City Manager Vincent F. Biondo, City Attorney Marty Orenyak, Community Development Director Michael J. Holzmiller, Planning Director Sept. 28, 2021 Item #10 Page 33 of 171 PLAN PREPARATION Michael J. Holzmiller, Planning Director James c. Hagaman, Research/Analysis Manager Gordon Peterson, Systems Analyst Bobbie Hoder, Administrative Assistant II Vicki Bowen, Graphics Consultants: Fay Round, Automated Systems Philip o. Carter, �dm inistrative Assistant II Grace Manues, Administrative Assistant I Anita Ramos-Bonas Secretary II Barbara Nedros, Word Processing Operator Paul Zucker, Planning SANDAG -Automated Systems and Graphics Special Assistance Prom: Costa Real Municipal Water District Leucadia County Water District San Marcos County water District Olivenhain Municipal Water District Carlsbad Unified School District Encinitas Union Elementary School District San Dieguito Union High School District San Marcos Unified School District Lee Rautenkranz, Information Systems Director Charlie Grimm, Assistant Planning Director Jim Elliott, Finance Director Cliff Lange, Library Director Dave Bradstreet, Parks & Recreation Director Jim Thompson, Fire Chief Roger Greer, Utilities & Maintenance Director Sept. 28, 2021 Item #10 Page 34 of 171 SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII SECTION IX APPENDIX I APPENDIX II APPENDIX III APPENDIX IV APPENDIX V APPENDIX VI TABLE OF CONTENTS Overview Contents of Citywide Facilities and Improvements Plan Requirement for Local Facility Management Plan and Relationship to Citywide Page Page Plan Page Buildout Projections and Assumptions Page 3 5 Citywide Requirements for Public Facilities and Services - Existing to Buildout Page 12 Guidelines for Preparation of Local Facility Management Plans Financing Options and Policies Growth Management Information System Applicability to Growth Management Ordinance (Section 2190 of the Carlsbad Municipal Code) Ordinance No. 9808 Growth Management Program Page 53 Page 67 Page 75 Page 87 Resolution No. 8796, Establishing the Clarified Performance Standards Resolution No. 8797, App roving the Citywide Facilities and Improvements Plan Resolution No. 8798, Establishing the Guidelines for the Preparation of the Local Facility Management Plans Resolution No. 8799, Establishing a Local Facility Management Plan Processing Fee Resolution No. 8800, Directing Staff to Prepare the Local Facility Management Plans for Zones 1 through 6 Sept. 28, 2021 Item #10 Page 35 of 171 , FIGURES 1 • Local Facility Management Zones 2. 3. 4. s. 6. 7. Comparison of Citywide and Local Plans Density Control Map Citywide Acreage Information Projected Dwelling Units and Population at Buildout Dwelling Unit Summary Determination of Compliance with Performance Standards 8(A) Public Buildings - City Administrative Facilities 8(B) Public Buildings -Libraries 8(C) Public Buildings -Pire Stations 9 • Sewer Service 10.Sewer District Boundaries 11 •Drainage .Circulation .Fire .Open Space .Schools .School District Boundaries 1 7 •water system .water District Boundaries .Growth Management Information System .Entity Levels .Data Availability .Data Availability (Matrix Pormat) .Relationship to Parcel-Level Geobase .Informational Relationship overview Page(�) 3 4 8 9 10 11 13 15 22 39 27, 47 28, 48 34 36 40 42 44 45 50 51 79 80 81 82-84 85 86 12 13 14 15 16 18 19 20 21 22 23 24 Sept. 28, 2021 Item #10 Page 36 of 171 SECTION I. OVER VIEW The Citywide Facilities and Improvements Plan will implement the City's General Plan and Zoning Ordinance by ensuring that development does not occur unless adequate public facilities and services exist or will be provided concurrent with new development. The preparation of the Citywide Plan is the first phase in the implementation process of the City's Growth Management Ordinance which was adopted by Ordinance No. 9810 on July 1, 1986 by the Carlsbad City Council. Once the Citywide Plan is adopted, a Local Facility Management Plan will be required for each of the 25 local zones into which the City has been divided. This must be done before any additional development is allowed in any one of the zones. Then, when individual development projects are considered, a public facilities adequacy analysis will be provided as part of the report on the project to ensure that it is consistent with both the Citywide and Local Zone Plan. SECTION 11. CONTENTS OF THE CITYWIDE FACILITIES ANO IMPROVEMENTS PLAN The Citywide Facilities and Improvements Plan consists of the following: 1. Identification of the existing level of development in the City and a projection of the ultimate future buildout based upon recent controls placed upon development as specified in the General Plan and by the zoning. 2. Identification of all current and future public facilities and improvements necessary to accommodate �xisting and buildout demands for the land uses sp ecified in the General Plan and by the zoning. 3. Establishment of ongoing servic� level requirements for public facilities through the adoption of sp ecific performance standards for each of the following public facilities and improvements: a) City Administrative Facilities b) Library c) Wastewater Treatment Capacity d) Parks e) Drainage f) Circulation g) Fire -1- Sept. 28, 2021 Item #10 Page 37 of 171 h) Open Space i) Schools j) Sewer Collection System k) Water Distribution System 4. Establishment of specific boundaries for ea ch of th e 25 Local Facility Management Zones and adoption of guidelines for the preparation of plans for the local zones. The local plans will specifically address the timing and financing of public facilities. 5. Identification of the potential financing method, or methods, for each public facility and improvement. 6. Establishment of an informational data based sy stem to: A) project demand for public facilities and improvements, B) aid in the preparation of Local Facility Management Plans, and C) provide a mechanism to monitor the adequacy of public facilities on an ongoing basis. The purpose of the Citywide Facilities and Improvements Plan is to assure the elimination of the shortages of public facilities identified by the City Council to be detrimental to the public health, safety and welfare of the citizens of Carlsbad. Through the accomplishment of those tasks outlined above, the City will be able to ensure adequate public facilities and improvements or it will halt development until provisions have been made to correct these inadequacies. Again, the Citywide Facilities and Improvements Plan is the first phase in the implementation of the City's overall Growth Management Ordinance and it is intended to provide the framework necessary to allow more detailed phasing and financing plans to be accepted in the form of Local Facility Management Zone Plans. -2- Sept. 28, 2021 Item #10 Page 38 of 171 SECTION 111. REQUIREMENTS FOR LOCAL FACILITY MANAGEMENT PLANS RELATIONSHIP TO THE CIT Y Vi l DE FA CI LIT re S A ND IMPROVEMENTS PLAN As part of the overall Growth Management Program the City was broken down into 2'5" Local Facility Management Zones (See Figure 1). �he boundaries for each of the 25 Local Facility Management zones were established based upon logical facilities and improvements planning, construction and service relationships to ensure the economically efficient and timely installation of required public facilities and improvements. After the adoption of the Citywide Facilities and Improvements Plan and prior to any development occurring in any of these zones, a Local Facility Management Plan must be submitted and approved. The plan must be consistent with all aspects of the Citywide Facilities Improvements Plan and shall implement the Citywide Facilities and Improvements Plan within the Zone. It must ensure that each public facility and improvement meets the adopted performance standard prior to allowing any development. LOCAL FACILITY MANAGEMENT ZONES -3- FIGURE I 1 1 Sept. 28, 2021 Item #10 Page 39 of 171 The preparation and submittal of the Local Facility Management Plan is the second phase in the implementation process of the City's Growth Management Ordinance. The local plan takes the Citywide plan and provides a more detailed description and analysis of how the City will develop from its current status on to ultimate buildout. The local plan will show how and when ea ch facility and improvement will be constructed in order to accommod ate development within the zone (phasing). It will also provide a complete description of how each facility and improvement will be financed. Figure 2 shows conceptually the relationship between the Citywide Facilities and Improvements Plan and the Local Facility Management Plan. FIGURE 2 Comparison of Citywide and Local Plan Citywide Plan Local Plan Standards Sets Standards Shows How Standards Complied With Provision Inventory of Phasing from For Public Existing and Existing to Future Facilities Future Buildout Needs Funding Funding Detailed of Options Financing Plan Facilities The specific guidelines for the development and submittal of the Local Facility Management Plans which will be provided to the preparers of these plans is contained in Section VI of this document. -4- Sept. 28, 2021 Item #10 Page 40 of 171 SECTION IV. BUILD OUT ASSUMPTIONS AND PROJECTIONS I� order to adequately assess and plan for Citywide public facilities and services, it was necessary to project the level of development that can be anticipated to the ultimate buildout of the City. These projections take into consideration recent­ordinances adopted by the City which reduce residential density and restrict the overall future intensity of development throughout the City. The process used to estimate the total number of dwelling units in the City at ultimate buildout is relatively straightforward. Using the City's General Plan map as a basis, all of the land uses shown were entered into a computer by the San Diego Association of Governments (SANDAG) using a process known as •digitizing.• The computer converted this digitized information into gross acres for each land use designation. Environmentally constrained areas, beaches, wetlands, floodways, ot her water bodies, riparian and woodland habitats, were also digitized and converted into acreage figures in the same way. Other constrained areas included slopes greater than 25 percent, major roadways, railroad tracks, and major power line easements. Th e primary sources used in identifying these areas included previous environmental impact reports prepared for projects throughout the City and a Citywide slope analysis map. To obtain net developable acres, all of the 100 percent constrained acres and one-half of the areas shown as 25-40 percent slopes were subtracted from the gross acreage figure for each land use category. In this way, ,a net developable acreage figure could be established for the overall City, for each quadrant of the City, and for each of the 25 Local Facility Management Zones. The net developable acreage figure was then multiplied by the number of dwelling units allowed per acre using the City's •control Yield• density ranges, which are listed below: Residential Land Use RL RLM RM RMH RH Control Yield 1 • 0 3.2 6.0 11 • 5 1 9 • 0 The Control Yield densities represent either the midpoint of the City's adopted density ranges or actual experience using existing developments within each land use category. By applying the Control Yield densities to the net developable acreage figures, an estimate of the total number of dwelling units at full buildout can be derived. To carry the process one step further, the per capita household size data provided by the -5- Sept. 28, 2021 Item #10 Page 41 of 171 state Department of Finance can be used population. The data indicate that the average household size of �--4-�� persons 2.3178 to estimate buildout City of Carlsbad had an on .:ra-n"CJ'"ltt'Y-1,--1-�'8-ti • April 22, 1997 The same type of calculations were used to estimate the total number of sq uare feet of industrial and commercial land uses at buildout. Rowever, instead of residential density ranges, a set of assumptions regarding site coverage for industrial and commercial development was applied to the net developable acreage figures. It was assumed that every net developable acre of industrial/commercial, would reRult in a maximum square footage yield of 40%. The methodology described in the previous paragraphs was used to provide a basis for determining the amount and types of public facilities that will be needed to adequately serve the City at buildout. However, it has a number of acknowledged short­comings. For example, the digitizing process itself is not 100 percent accurate, and when applied to small geographical areas, such as Local Facility Management Zones, some inaccuracies can occur. A much more accurate means of providing t�e same information would be via a parcel-level Geobase system, however, such systems are very complex and require a substantially longer time frame to implement. Therefore, concurrent with the development of the overall Growth Management Program, the City has begun work on developing such a Geobase system, which, at some point in time will supplant the methodology described in the previous paragraphs. Likewise, the dwelling unit estimates at buildout represent a straight conversion of acres to units, with no regard to the number of units already existing or approved throughout the City. This may result in inequities within certain zones where development has previously occurred under less constraining conditions or using higher density ranges than those represented by the Control Yield. In those cases, remaining development will have to occur at densities lower t�an the Control Yield figure. Despite these recognized shortcomings, the approach and methodology used within the Citywide Facilities and Improvements Plan has been found to be quite adequate for the purpose to which it was intended, namely long-range facility planning. �herefore, until the parcel-level Geobase system described earlier is implemented, this approach will be used to provide the baseline estimates needed for both mid-term and long-term facilities planning. Other planning assumptions used in preparing the Citywide projections included: 1. Dwelling unit projections do not include any density increases for special housing projects such as senior or low income projects. -6-Amended 4/22/97 Sept. 28, 2021 Item #10 Page 42 of 171 2. Hotel, motel, time-share, board and ca re, an d housing units without individual kitchen facilities which do not qualify as dwelling units in the building code were not considered as units for the purpose of dwelling unit calculations. 3. Likely changes to the City's Land Use Plan from a residential to non-residential use. The projection made for the total number of dwelling units in the City at ultimate buildout has been translated into a Density Control Map (see Figure 3). The map shows existing, future and total dwelling units for each quadrant of the City. Figure 4 (Citywide Acreage Information) shows the number of acres in each land use category which was used to make the Citywide projections for ultimate buildout. Figure 5 (Projected Dwelling Units and Population at Buildout) shows how the acreage was converted into projected dwelling unit and population totals. Figure 6 (Dwelling Unit Summary) provides a summary of existing, approved and remaining dwelling units in the City. The information regarding buildout projections and assumptions is needed to determine the required demand for public facilities and services as growth occurs. The methodogy for projecting dwelling units at buildout, a •control yield•, follows the procedure which has al ways been used by the City in implementing the density ranges of the Land Use Plan. It is important to formalize this procedure as part of the Citywide Facilities and Improvements Plan since the projection has been translated into ultimate demand for public facilities and services. If the •control yield" is not closely adhered to, then the planned facilities and improvements may not be adequate. -7- Sept. 28, 2021 Item #10 Page 43 of 171 NORTHEAST FUTURE TOTAL NORTHWEST EXISTING 9,526 FUTURE 5,844 TOTAL 15,370 2,876 6,188 9,042 SOUTHWEST IIIOIN81TTIA L.N • FUTURE 10,887 TOT AL 1 2,858 DWELLING UNITS BY QUADRANT . -a- FIGURE 3 DENSITY CONTROL September e,, 986 SOUTHEAST EXISTING 6,527 FUTURE 10,801 TOTAL 4 City of Cartsud Revised 1 /9/90 Sept. 28, 2021 Item #10 Page 44 of 171 SEPTEMBER 16, 198 PIGURE 4 CITYWIDE ACREAGE INFORMATION -------------------------------------------------------------------------------- GENERAL PLAN LAND USE DESIGNATION GROSS 1001 CONSTRAINED 251-40\ SLOPE NET -------------------------------------------------------------------------------- RESIDENTIAL: RL Low (0-1.5) 1,824 270 379 1,364 RLM Low-Med (0-4) 7,935 710 660 6,895 RM Medium ( 4-8) 2,638 184 156 2,375 RMH Med-Bi (8-15) 1,231 110 79 1 ,081 RH High (15-23) 243 8 5 233 COMMERCIAL: CBC Central Bus Dist 70 0 70 C COIIDDunity 321 41 280 N Neighborhood 49 11 38 RC Recreation 108 30 78 TS Travel Services 191 31 160 0 Prof'l & Related 333 80 253 RRE Extensive Retail 32 0 32 RRI Intensive Retail 119 5 114 RS Regional Service 39 0 39 INDUSTRIAL: PI Planned Ind 2,175 148 2,027 OTHER: E Elementary School 200 9 191 J Jr. High School 79 0 79 H High School 202 10 192 BC Continuation School 4 0 4 p Private School 17 0 17 G Government Facility 268 0 268 rJ Public Utilities 158 19 139 NRR Non-Res Reserve 382 2 380 OS Open Space 4,398 2,078 2,320 RR Railroad 117 117 0 PW Freeway 213 213 0 MAJ Major Arterial 525 525 0 MIN Minor Arterial 510 510 0 COL Collector st 541 541 0 TOTAL 24,920 5,652 1,279 18,629 -9-City of Carlsbad Sept. 28, 2021 Item #10 Page 45 of 171 CITY OF CARLSBAD FIGURE 5 SEPTEMBER 16, 1986 Projected Dwelling Unit and Population at Buildout LAND USE NET CONTROL D.U.s at ACRES YIELD BUILDOUT RL 1,364 1 1,364 RLM 6,895 3.2 22,065 RM 2,376 6 14,252 RMH 1,081 11.5 12,430 RH (& RVH) 233 19 4,488 NON-RES 6,680 18,629 54,599 ASSUMPTIONS 2.3178 POPULATION at BUILDOUT 3,371 54,522 35,218 30,713 11,090 134,914 1) PERSONS PER DWELLING UNIT 2.471 AS PER THE STATE DEPT. OF FINANCE I -10-Amended 4/22/9l C Ii ity of arlsbad Sept. 28, 2021 Item #10 Page 46 of 171 I FIGURE 6 SEPTEMBER 16, 1986 CITY OF CARLSBAD DWELLING UNIT SUMMARY REMAINING 42% EXISTING APPROVED REMAINING BUILDOUT EXISTING 39% APPROVED 19% 21,121 10,298 23,180 54,599 -11-City of Carlsbad Sept. 28, 2021 Item #10 Page 47 of 171 SECTION V. CITYWIDE REQUIREMENTS FOR FACILITIES AND SERVICES TO BUILDOUT PUBLIC EXISTING The Citywide Facilities and Improvements Plan addresses eleven separate facilities: 1) City Administrative Facilities 2) Library 3) Wastewater Treatment Capacity 4) Parks 5) Drainage 6) Circulation 7) Fire 8 ) Open Space 9) Schools 10) Sewer Collection System 11) Water Distribution System For each one of these facilities and services the following is provided: 1) An illustrative map showing what is existing and what is needed Citywide at buildout {Figures 8 through 18). City Administrative Facilities, Library and Fire have been combined into one map -Figure 8 {A, B, C) and Wastewater Treatment and Sewer Collection have been combined into one map -Figure 9; 2) District boundary maps where applicable; 3) Adopted service level performance standard which must be complied with at all times as gr owth occurs in the City; and 4) A detailed facility planning and adequacy analysis for each of the three Citywide facilities. A general description of the facility planning information for the remaining eight facilities. Compliance with the adopted performance standard for each of these eight facilities will be analyzed when a Local Facility Management Plan is submitted. Compliance with the adopted Performance Standards will be reviewed and analyzed in the following manner: Citywide Basis 1) City Administrative Facilities, 2) Library, 3) wastewater Treatment Capacity. These facilities will not need to be included in the Local Facility Management Plan, so long as the preparers of those plans feel these Citywide facilities will be constructed at a time and on an adequate basis to correspond wit� projected development within the zone. -12-Sept. 28, 2021 Item #10 Page 48 of 171 Quadrant Basis 4) Parks Compliance will be determined at the time a Local Facility Management Plan is submitted for the zone. Zone Basis 5) Circulation 6) Drainage 7) Fire 8) Open Space 9) Schools 10) Sewer Collection System 11) Water Distribution System Compliance of each of these facilities will be determined at the time a Local Facility Management Plan is submitted for the zone. At that time, the responsible governing agency will determine the adequacy of schools, sewer and water. Figure 7 (Determination of compliance with Performance Standard) summarizes how compliance will be determined. FIGURE 7 DETERMINATION OF COMPLIANCE WITH PERFORMANCE STANDARD CITY QUADRANT ZONE ZONE CITYWIDE ZONE ZONE SPECIAL DETERMINATION PLAN PLAN DISTRICT OF ADEQUACY DETERMIN-DETERMIN-DET'ERMIN-ATION OF ATION OF ATION OF ADEQUACY ADEQUACY ADEQUACY City Administrative Facilities X Librarv X wastewater Treatment X Parks X Circulation X Drainage X Fire X Open Space X Schools X Sewer Collection X Water Distribution X -13- Sept. 28, 2021 Item #10 Page 49 of 171 The type of adequacy and phasing analysis that is contained inthe Citywide Plan for City Administrative Facilities, Library andWastewater Treatment Capacity is similar to what will be expectedfor all the remaining facilities addressed in the Local FacilityManagement Plans for each zone. It should be emphasized regarding the maps in this section, that because of their scale they are for illustrative purposes only. Larger descriptive maps have also been prepared, however, precise locations of facilities should be determined from Master Facility Plans available in the department or agency responsible for the facility. Also, because of the detail required, the maps for sewer, water and drainage only illustrate future planned facilities or improvements. Performance Standards for City Administrative Facilities and Libraries, The Performance Standards for City Administrative Facilities and Libraries indicate that improvements must be "scheduled for construction within a five year period or prior to construction of 6,250 dwelling units." This section is intended to provide further clarification regarding what these Performance Standards mean and how they are to be applied. In developing the Performance Standards contained in this plan, staff projected that an average of 1,250 dwelling units per year would be constructed after 1986. Therefore, for purposes of City Administrative Facilities and Library the "five year period" is intended to mean the amount of residential development equal to 1,250 dwelling units per year for five years, or a total of 6,250 dwelling units. The counting years or units begins at the point in time that the demand for the facility first exceeds the supply. The phrase Nscheduled for construction" means that the improvements needed to meet the demand have been designed, that a site has been selected and has been acquired or is being acquired, and that a financing plan for construction of the facility has been approved by the City Council. 1 This section was included in the Citywide Facilities and Improvements Plan by City Council Resolution No. 97-437 and amended by City Council Resolution No. 2017-170. Amended 4/22/97 -14- Sept. 28, 2021 Item #10 Page 50 of 171 POINSETTIA 1.N • • FIRE STATIONS-EXISTING () FIRE STATIONS-PLANNED • LIBRARIES-EXISTING l) LIBRARIES-PLANNED I.A • CITY ADMINISTRATION FACILITIES-EXISTING lj CITY ADMINISTRATION FACILITIES-PLANNEl:I • -15- FIGURE 8(A; PUBLIC BUILDINGS SEPTEMBER 18, 1986 ltl) City of Carlsbad Sept. 28, 2021 Item #10 Page 51 of 171 t, L_ CITY ADMINISTRATIVE FACILITIES PERFORMANCE STANDARD 1500 square feet per 1000 population must be scheduled for construction within a five year period 0r prior to constructiori of 6,250 dwelling units, beginning at the time the need is first identifiP.d. FACILITY PLANNING AND ADEQUACY ANALYSIS A. Inventory 1. Buildout Assumptions: Population Current 52,190 At Buildout 134,914 2. Existing Facilities: a. City Hall Facilities City Hall Finance Modular Purchasing/Personnel Modular L_eas ed Space R/A Group Public Relations Redevelopment Las Palmas Facility 12,899 2,700 1,800 960 200 2,000 22,627 43,186 Required sguare Footage 78,300 sq.ft. 202,371 sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sg.ft. sq. ft •. b. Public Safety and Service Center Phase I Police and Fire Vehicle Maintenance c. Total Existing Facilities -16- 53,700 sq.ft. 10,358 sq.ft. 64,058 sq.ft. 107,244 sq.ft. Amended 4/22/97 Sept. 28, 2021 Item #10 Page 52 of 171 CITY ADMINISTRATIVE FACILITIES (Continued) 3. Facilities in City's Five Year Capital Improvements Program: Item a. Public Safety Center Phase II* Design Construction Sq. ft. 62,000 Year 86-87 89-90 Amount $ 255,000 $3,455,000 Source PFF/S/W** b. Total Facilities in City's 5 Year Capital Improvements Program. 62,000 square feet. 4. Capital Facilities to be Considered Later: An additional expansion of City Hall is shown in the City's Capital Improvements Program as a future project to •be considered•. The project is estimated at a cost of $4,000,000 to be funded by the Public Facilities Pee. Although the square footage of this facility has not been projected, a cost of $100/sq.ft. would result in a 40,000 sq. ft. building. • PUBLIC SAFETY CENTER PHASE II. Yard offices, Maintenance sho ps, and Purchasing warehouse for the use of Utility Maintenance, Parks & Recreation Maintenance, Street Maintenance and Purchasing. �pproximate size is 62,000 square feet, including two-story yard of fice and Purchasing warehouse with 6,400 square feet mezzanine. ** PFF -Public Facilities Fee S -Sewer w -Water Enterprise -17-Sept. 28, 2021 Item #10 Page 53 of 171 CITY ADM INISTRATIVE FACILITIES (Continued) B. Phasing Population projections for the entire City phased on a yearly basis, are shown in Table 1 (Dwelling Unit and Pop�lation Projections). These projections are based on a rev:ew �f the San Diego Association of Governments (SANDAG) proJections along with those utilized in the City's capital Improvement Program and the Public Facilities Management System, Monitoring Report of April, 1986. TABLE 1 P L A N N I N G p R O J E C T I O N S 0 N L Y -----------------------------------------�----DWELLING UNIT AND POPULATION PROJECTIONS ASSUMING A BUILDING RATE OF 1250 UNITS PER YEAR AND 2.471 PERSONS PER DWELLING UNIT YEAR EXISTING REMAINING PROJECTED BEGINNING ENDING D.U. 'S D.U. 'S GROWTH YEAR YEAR POP. POP, -------------------------------------------------------------------- 1986 21,121 33,478 1,250 52,190 55,279 1987 22,371 32,228 1,250 55,279 58,367 1988 23,621 30,978 1,250 58,367 61,456 1989 24,871 29,728 1,250 61,456 64,545 1990 26,121 28,478 1,250 64,545 67,634 1991 27,371 27,228 .l,250 67,634 70,722 1992 28,621 25,978 1,250 70,722 73,811 1993 29,871 24,728 1,250 73,811 76,900 1994 31,121 23,478 1,250 76,900 79,989 1995 32,371 22,228 1,250 79,989 83,077 1996 33,621 20,978 1,250 83,077 86,166 1997 34,871 19,728 1,250 86,166 89,255 1998 36,121 18,478 1,250 89,255 92,344 1999 37,371 17,228 1,250 92,344 95,432 2000 38,621 15,978 1,250 95,432 98,521 2001 39,871 14,728 l, 250 98,521 101,610 2002 41,121 13,478 1,250 101,610 104,699 2003 42,371 12,228 1,250 104,699 107,787 2004 43,621 10,978 1,250 107,787 110,876 2005 44,871 9,728 1,250 110,876 113,965 2006 46,121 8,478 1,250 113,965 117,054 2007 47,371 7,228 1,250 117,054 120,142 2008 48,621 5,978 1,250 120,142 123,231 2009 49,871 4,728 1,250 123,231 126,320 2010 51,121 3,478 1,250 126,320 129,409 2011 52,371 2,228 1,250 129,409 132,497 2012 53,621 978 978 132,497 134,914 2013 54,599 0 -18-Sept. 28, 2021 Item #10 Page 54 of 171 CITY ADMINISTRATIVE FACILITIES (Continued) A comparison of the inventory to the standard yields the following table: TABLE 2 POPULATION SERVED BY PLANNED CITY ADMINISTRATIVE FACILITIES Existing or Planned Facilities Facility Square Footage Existing Facilities 107,244 sq.ft. In 5 Year C.I.P. 62,000 sq.ft. Future 40,000 sq.ft. 209,244 sq.ft. Population Served According to Standard For Increment Accumulated 71,078 71,078 48,666 119,744 26,666 146,410 ' Based on these population projections and the standard, the number of square feet needed per year is shown in Table 3. (Square Feet of City Administrative Facilities �eeded by Year and Square Feet Available) on page 21. The facilities summarized in Table 2 have also been shown in Table 3. A comparison of the Tables yields the following conclusions: 1. Current City Administrative Facilities meet the standard and will continue to meet the standard until approximately 1992. 2. When the facilities proposed in the 5 year C.I.P. are constructed the standard will be met to ap proximately the year 2005. 3. After the year 2005, the additional •future• City Administrative Facilities will need to be added to the C.I.P. in order to meet the standard. 4. Based on current population per household of 2.471 persons, there is a future need for City Administrative Facilities beyond that programed in the C.I.P. of 33,127 square feet. -19- Sept. 28, 2021 Item #10 Page 55 of 171 CITY ADMINISTRATIVE FACILITIES (Continued) It should be noted that for the purpose of determining the adequacy of City Administrative Facilities that several leased facilities are included. These leased facilities may not always be in use by the City and at some future date may result in shortages of City Administrative Facilities. Also, the City has no centralized facility to serve the space needs of it's staff. This. decentralization of City departments may also need to be resolved. The City Council on August 26, 1986 approved the final report entitled, •A Strategic Plan and Space Needs Study of the City of Carlsbad City Rall and Libraries• which was prepared by Michael Feerer & Associates. The Council held of f from making any decisions regarding the recommendations made in this study for City Rall Facilities. c. Financing The City currently collects a Public Facility Fee (PFF) which is set at 2.5% of permit valuation. This fee is paid at time of building permit issuance. In calculating the PFF the following expenditures were projected for City Administrative Facilities: Public Safety Center Phase II City Hall -Future $3,400,000 $4,000,000 $7,400,000 In addition to the PFF funds, the City's 5 year Capital Improvement Program indicates the use of Sewer funds and Water Enterprise funds for part of the Public Safety Center Phase II. The City's current projection for City Administrative Facilities as shown above indicates a need to expend a total of $7,400,000. This amount could be funded by the projected sources. Additionally, based on the standard, the entire $4,000,000 expenditure may or may not be ne cessary. However, there is no guarantee that the PPP fees will actually be available when needed. Additional analysis should be undertaken on or be fore the year 2005 to analyze the likely availability of the $4,000,000 needed for future expansion. -20-Sept. 28, 2021 Item #10 Page 56 of 171 , TABLE 3 P L A N N I N G P R O J E C T I O N S O N L Y SQUARE FEET OF CITY ADMINISTRATIVE FACILITIES NEEDED BY YEAR AND SQUARE FEET AVAILABLE YEAR 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 ENDING YEAR POP. 55,279 58,367 61,456 64,545 67,634 70,722 73,811 76,900 79,989 83,077 86,166 89,255 92,344 95,432 98,521 101,610 104,699 107,787 110,876 113,965 117,054 120,142 123,231 126,320 129,409 132,497 134,914 SQUARE FEET NEEDED PER STANDARD 82,918 87,551 92,184 96,817 101,451 106,084 110,717 115,350 119,983 124,616 129,249 133,882 138,516 143,149 147,782 152,415 157,048 161,681 166,314 170,947 175,581 180,214 184,847 189,480 194,113 198,746 202,371 -21- SQUARE FEET AVAILABLE OR PLANNED 107,244 II II 169,244 II II II II II II II II II II II II II II II II FACILITY NEEDED Sept. 28, 2021 Item #10 Page 57 of 171 l"OINSITTIA &.N + • FIRE STATIONS-EXISTING f) FIRE STATIONS-PLANNED • IBRARIES-EXISTING {) LIBRARIES-PLANNED • I.A • CITY ADMINISTRATION FACILITIES-EXISTING IJ CITY ADMINISTRATION FACILITIES-PLANNED -22- FIGURE S(3) PUBLIC BUILDINGS SEPTEMBER 16, 1986 City of Carlsbad Sept. 28, 2021 Item #10 Page 58 of 171 f l LIBRARY PERFORMANCE STANDARD 800 square feet per 1,000 population must be scheduled for construction within a five year period or prior to construction of 6,250 dwelling units, beginning at the time the need i� first identified. FACILITY PLANNING AND ADEQUACY ANALYSIS A. Inventory 1. Buildout Assumptions: Current At Buildout 2. Existing Facilities: Civic Center Library Adult Learning Center Audio/Visual Office La Costa Area Library Warehouse Total Population 52,190 1 3 4 , 9 1 4 Owned sg. ft. 24,600 24,600 Total owned and leased space Required Square Footage 41,752 107,931 Leased sg. ft. 400 500 4,500 2,000 7,400 3 2 , 0 0 0 sq. ft. 3. Facilities in the five year Capital Improvement Program: The adopted Five Year C.I.P. includes $650,000 for the design of a main library in the southern area of the City. �lso, in Appendix A of the C.I.P. •To Be Considered Capital Projects,• the construction of this library is estimated at $6,900,000 to be funded by the Public Facilities Fee. 4. Other Information: The City Council on August 26, 1986 approved the final report entitled, •A Strategic Plan & Space Needs Study of the City of Carlsbad City Hall & Libraries• which was prepared by Michael Feerer & Associates. The Council adopted option 15 of the library portion of the study which directed staff. to initiate a site selection study to be returned for Council consideration by Aroen ded April 22, 1997 -23-Sept. 28, 2021 Item #10 Page 59 of 171 LIBRARY (Continued) January 1, 1987. If implemented, this would add 8,000 square feet to the existing northern library along with re novating the current facility. The partial project costs are estimated at $1,974,000� It would also include building a new 58,000 square foot facility in the southern portion of the city at an estimated partial project cost of $8,365,000. The report indicated these estimates do not include costs for site acquisition or development, demolition, landscaping, artwork, financing, City project administrative costs, construction management or any parking structure costs. B. Phasing Population projections for the entire city were prepared on a yearly basis and are shown in Table 1 (Dwelling Unit and Population Projections) on Page 18. These projections are based on a review of the San Diego Association of Governments (SANOAG) projections along with those utilized for the City's Capital Improvements Program and the Public Facilities Management System, Monitoring Report of April, 1986. A comparison of the existing inventory of library facilities to the adopted performance standard yields the following table: TABLE 2 Population Served By Existing or Planned Library Facilities Existing or Planned Facilities Existing Future* Square Footage 32,000 Population Served 40,000 *There are no approved future facilities Current Population 52,190 Table 3 (Square Feet of City Library �eeded by Year and Square Feet Available) provides a detailed breakdown of the square footage of library space needed yearly to meet the adopted performance standard based on the population projection estimates from Table 1 (Dwelling Unit and Population Projections) on Page 18. A simple comparison of these tables clearly in dicates a current deficiency in Library facilities of 9,752 square feet. If the City Council approved the new site location for the southern facility and appropriated the necessary funds, -24- Sept. 28, 2021 Item #10 Page 60 of 171 LIBRARY (Continued) the City's Library space needs would be adequate until approximately the year 2005. If the additional 8,000 square foot expansion of the northern library were also approved and funded, this standard would be met until approximately the year 2008. After the year 2008, additional space would be necessary. c. Financing The city currently collects a Public Facility Fee (P.F.F.) which is set at 2.51 of Permit Valuation. This fee is paid at the time of permit issuance. The adopted C.I.P. allocates $650,000 of P.F.P. funds to design a new library facility. Other possible funding sources could be: General Capital Construction, Revenue Sharing or State or Federal grants. At the present time there are no funds appropriated for the construction of additional Library space. D. Alternatives There are a numb er of alternatives which could be considered to rectify the current library deficiency, however, after discussing these options staff believes one of the following three alternatives should be considered: 1. Amend the current five year C.I.P. to include funding for new library facilities, which would require deleting other projects; 2. Wait until the site selection study is completed and returned on January 1, 1987 and adopt the appropriate recommendation to resolve th� deficiency at that time which would mean that no additional development could occur in the interim; or 3. Direct staff to attempt to resolve this deficiency based on the Local Facility Management Plans which will be received after the approval of the Citywide Facilities and Improvements Plan. It should be noted that for the purposes of as sessing the adequacy of the Library to the adopted Performance Standard that leased space has been included. This space should be considered temporary and may not always be available for use by the Library. -25-Sept. 28, 2021 Item #10 Page 61 of 171 SEPTEMBER 16, 1986 TA 8 LE 3 P L A N N I N G P R O J E C T I O N S O N L Y YEAR 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 SQUARE FEET OF CITY LIBRARY NEEDED BY YEAR AND SQUARE FEET AVAILABLE ENDING YEAR POP. 55,279 58,367 61,456 64,545 67,634 70,722 73,811 76,900 79,989 83,077 86,166 89,255 92,344 95,432 98,521 101,610 104,699 107,787 110,876 113,965 117,054 120,142 123,231 126,320 129,409 132,497 134,914 SQUARE FEET NEEDED PER STANDARD 44,223 46,694 49,165 51,636 54,107 56,578 59,049 61,520 63,991 66,462 68,933 71,404 73,875 76,346 78,817 81,288 83,759 86,230 88,701 91,172 93,643 96,114 98,585 101,056 103,527 105,998 107,931 -26- SQUARE FEET AVAILABLE OR PLANNED 32,000 CURRENT DEFICIENCY EXISTS FACILITY NEEDED City of Carlsbad Sept. 28, 2021 Item #10 Page 62 of 171 ------------------------------------------------- ENCINA WATER POLLUTION CONTROL FACILITY POINSETTIA LN • TRllllK LINES ••••••• FUT\.AE LINE ...... . . . . ... ····· � .... m.-EXISTING BUT l.PGRADING PLANNED • TREATMENT PLANT ' ...... . ····· .... -27- FIGURE 9 SEWER SERVICE SEPTEMBER 1 e, 1986 · ......... •.· ........ \: .---- RO .......... ..... •: .. ·····. MELROSE AYE City of Carlsbad Sept. 28, 2021 Item #10 Page 63 of 171 . . . ... .. : POINSETTIA 1.N • D CARLSBAD SEWER SERVICE AREA 0 LEUCADIA COUNTY WATER DISTRICT mm SAN MARCOS COUNTY WATER DISTRICT -28- FIGURE 10 SEWER DISTRICT BOUNDARIES SEPTEMBER ,e, aae City of Carlsbad Sept. 28, 2021 Item #10 Page 64 of 171 WASTEW ATER TREATMENT CAPACITY PERFORMANCE STANDAR D Sewer plant capacity is adequate for at least a five year period. FACILITY PLANNIN G AND ADE QUACY ANALYSIS A. Inventory sewer service to the City of Carlsbad is provided by three separate and independent agenc ies. The majority of the City rec eives servic e from the City's Sewer Distric t. Ap proximately 5,200 acres of land in the so uthern par t of the City receives servic e from the Leuc adia County Water District (LCWD), and the San Marcos County Water Distric t (SMCWD) provides sewer service to rou ghly 550 acres on the eastern edge of the City. The servic e ar eas of these two agencies extend wel l to the so uth and east of the City's boundaries, but for the projec tions and analysis only that portion of the Distric t's servic e area wi thin the City of Carlsbad was considered. 1. Buildout Assumptio ns: Wastewater Treatment Demands Po12ulation EDU* MGD** Current Buildout Current Buildou t Current Buildou t Carlsbad 35,760 95,669 18,090 47,800 4.5 11.8 LCWD 13,985 36,151 5,810 15,000 1.4 3.6 SMC WD 2,445 3,094 989 1,200 0.2 0.3 TOTAL 52,190 134,914 24,889 64,000 6.0 15.7 • EDU -Equivalent Dwelling Units = 246 gallons per day for Carlsbad and SMCWD, 2 38 for LCWD. ** MGD -Million Gallons per Day -Av erage Dry Weather Flow (ADWF) 2. Existing Facilities: wastewater from the three agencies is treated at the Encina Water Pollutio n Control Facilities (WPCF), which is owned and operated by six separate independent agencies. Of the three agencies which provide sewer service in the City of Carlsbad, their currently owned treatment c�pacity at the Encina WPCF is: Carlsbad Sewer District 25.4% or 5.7 MGD LP.ucadia County Water District 16 • 7% or 3 • 8 MGD San Marcos County Water District 17.81 or 4.0 MGD -29-Sept. 28, 2021 Item #10 Page 65 of 171 WASTEWATER TREATMENT CAPACITY (Continued) Both Leucadia and San Marcos own and operate their own separate treatment and reclamation facilities as shown below: Leucadia County Water District: Gafner WRP -.75 MGD (ADWF) San Marcos County Water District: Meadowlark WRP -2.0 MGD (ADWF) The City of Carlsbad also has an additional treatment facility at Calavera Hills which will have a 1.2 MGD (ADWF) capacity when it is brought into operation. 3. Facilities in the City's Five Year Capital Improvements Program: Because the Leucadia County Water District and the San Marcos County water District are independent agencies, their specific capital improvements are detailed in their appropriate long term planning documents. For this reason, capital improvement facilities covered in this section will address those within the purview of the City of Carlsbad only. The adopted C.I.P. includes two items which will be funded from the sewer fund: 1. Encina WPCF -Phase IV scheduled for 1989 -$5,130,000 2. Calavera Hills -scheduled for 1990 -$2,000,000 B. Phasing The following table provides a planning projection of demand and available treatment capacity at Encina WPCF for the City of Carlsbad's service area. As this table shows, the current capacity at the Encina WPCF is adequate to accommodate the projected MGD demand for the City of Carlsbad's service area until 1990. Following the Phase IV expansion at Encina, Carlsbad's capacity will be adequate until 2000. If the scheduled expansion program is not carried out as planned, the City has several options available which would maintain adequate sewer treatment capacity, such as: 1. Activate the Calavera Hills Plant - 1 .2 K;D C 6,000 EDU) 2. Purchase or lease plant capacity from other ag encies. Based upon the information provided by the Leucadia County Water District and the San Marcos County Water District for their existing demand in Carlsbad, their capacity ownership at Encina WPCF, as well as their other sewer treatment and reclamation facilities are adequate. Each agency will review and approve the Local Facility Managment Plans and specific phasing plans which could affect their facilities. -30- Sept. 28, 2021 Item #10 Page 66 of 171 WASTEWATER TREATMENT CAPACITY (Continued) P L A N N I N G P R O J E C T I O N S 0 N L Y CARLSBAD SERVICE AREA WASTEWATER TREATMENT CAPACITY c. Financing YEAR 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 E.D.U. 18,090 19,233 20,376 21,519 22,662 23,805 24,948 26,091 27,234 28,377 29,520 30,663 31,806 32,949 34,092 35,235 36,378 37,521 38,664 39,807 40,950 42,093 43,236 44,379 45,522 46,665 47,800 M.G.D. 4.5 4.7 5.0 5.3 5.6 5.9 6.1 6.4 6.7 7.0 7.3 7.5 7.8 8.1 8.4 8.7 8.9 9.2 9.5 9.8 10.1 10.4 10.6 10.9 11.2 11.5 11.8 EN CINA CAPACITY M.G.D. 5.7 II II II II 8.6 II II II II II II II II II NEW FACILITIES NEEDED The City of Carlsbad as well as the other two districts currently collect � sewer hook-up fee for each dwelling unit or other type of ,jevelopment occuri.ng within their service area. These fees would be the funding so urce fo� wastewater treatment capacity improvements. -31-Sept. 28, 2021 Item #10 Page 67 of 171 ------------------------------------------------------- PARKS PERFORMANCE STANDARD Three acres of Community Park or Special Use Area per 1,000 population within the Park District must be scheduled for construction within a five year period beginning at the time the need is first identified. The five year period shall not commence prior to August 22, 2017. ADDITIONAL INFORMATION This performance standard was developed to address community park and special use areas together. Combining the two provides greater flexibility for the city to address the park facility needs of each quadrant as development occurs. As stated in the performance standard, the phrase "scheduled for construction" means that the improvements needed to meet the demand have been designed, that a site has been selected and has been acquired or is being acquired, and that a financing plan for construction of the facility has been approved by the City Council. The performance standard states that “the five year period shall not commence prior to August 22, 2017;” this provision was added to the standard pursuant to City Council approval of GPA 2017-0002/ OAJ 17-0004 (City Council Resolution No. 2017-170), which implemented part of a settlement agreement that settled a lawsuit filed on the 2015 General Plan update. At the time of this approval, the five year period shall commence for the southwest and southeast quadrants, which do not have park acreage in excess of the standard. BUILDOUT FACILITY ADEQUACY ANALYSIS Based on the Fiscal Year 2015-16 Capital Improvement Program list of projects, Veteran’s Memorial Park (91.5 acres, with 22.9 acres applied to each quadrant) is proposed to be constructed prior to buildout. Construction of this community park would result in the projected park inventory for all city quadrants exceeding the projected required acreage at buildout, as shown below: -32- Sept. 28, 2021 Item #10 Page 68 of 171 Quadrant Buildout Projected required Current Proposed park Projected Population1 acreage1 lnventory2 acreage Inventory NW 37,904 113.7 105.2 22.9 128.1 NE 22,423 67.3 45.3 22.9 68.2 SW 27,795 83.4 70.2 22.9 93.1 SE 41,780 125.3 114..9 22.9 137.8 Total 129,901 389.7 335.6 91.5 427.2 1 Reflects the 2015 6eneral Plan Update 2 For more, detailed information about the current park inventory, see Tabl,e 4-4 in the General Plan .. The location of the cu rrent inventory of parlk:s is included on !Figure 4-3 of the Gene ml Plan. The figures above for proposed park acreage do not include park projects listed in the CIP as “unfunded” or “partially unfunded”: Zone 5 Business Park Recreational Facility (NW – 9.3 acres); Cannon Lake Park (NW – 6.8 acres); or Robertson Ranch Park (NE – 11.2 acres). Should alternative funding mechanisms be found, and these parks are built, the additional park acreage would further aid in meeting/exceeding the Growth Management park performance standard. -33- Revised 10/89 Revised 1/9/90 Revised 4/22/97 Revised 8/22/17 Sept. 28, 2021 Item #10 Page 69 of 171 - FUTURE STOAM CRAINS e FU1UIE DESI. T ATION BASIN -34- > FIGURE-" 11 DRAINAGE SEPTEMBER 19, 198 e City of Carlsbad �OINlllTTIA 1.N • Sept. 28, 2021 Item #10 Page 70 of 171 DRAINAGE PERFORMANCE STANDARD Drainage facilities must be provided as required by the City concurrent with development. ADDITIONAL FACILITY PLANNING INFORMATION The standard for drainage distinguishes it from all of the other public facilities and improvements because by its very nature it is more accurately assessed as the specific development plans for individual projects are finalized. Therefore, the standard has been written to allow the City to require the appropriate development drainage facilities as these plans are finalized and approved. Those drainage facilities which are of a larger nature have been addressed in the City's Master Drainage Plan which was completed in March 1980. Since that time, the City has made various improvements to the overall drainage system. At the present time, the Engineering Department is working to up date the City's Master Drainage Plan. This is necessary to address several issues although the following two items are the major reasons for updating the plan: 1.The addition of the San Diego County �lood Districtarea to the City, and 2.�he proposed change_ to the calculation method usedto determine 50 and 100 year flood flows. The City currently collects drainage fees in various districts to fund these needed major drainage facilities. The new Master Drainage Plan will assure that these funds are sufficient to provide adequate drainage facilities. -35- Sept. 28, 2021 Item #10 Page 71 of 171 .• ..-111) •• •• e...---.•••• · .• ·········· \ � ··.�•• ¥" .. •• <;\ EXISTING - EXISTIIIIG BUT WIDEMNG PLANN:DFUTURE ... ·. ·.� . �·.<> • ••·.,t, ....• � ... ,.,., .·.-:.. .......... . .... LEUCMIIA ave -36- FIGURE 1 2 CIRCULATION SEPTEMBER 16, 1986 ... ........ • • • • •• f', """'..,.�, • • • • • • -�e..... ········ ,:� City of Carlsbad ·. Sept. 28, 2021 Item #10 Page 72 of 171 ~OINl&TTIA LN ♦ (;AI.LEll,\ACIL ............. CIRCULATION PERFORMANCE STANDARD Implement a comprehensive livable streets network that serves all users of the system – vehicles, pedestrians, bicycles and public transit. Maintain LOS D or better for all modes that are subject to this multi-modal level of service (MMLOS) standard, as identified in Table 3-1 of the General Plan Mobility Element, excluding LOS exempt intersections and streets approved by the City Council. ADDITIONAL FACILITY PLANNING INFORMATION Traditionally, transportation systems have been designed to achieve a level of service from the perspective of the driver, not pedestrians or bicyclists. However, the city’s livable streets vision recognizes the street as a public space and ensures that the public space serves all users of the system (elderly, children, bicycles, pedestrians, etc.) within the urban context of that system (e.g. accounting for the adjacent land uses). The California Complete Streets Act (2008) requires cities in California to plan for a balanced, multi- modal transportation system that meets the needs of all travel modes. As described in the General Plan Mobility Element, the city utilizes a multi-modal level of service (MMLOS) methodology that evaluates the service levels for pedestrians, bicyclists and transit users. The vehicle level of service is determined by the Highway Capacity Manual. While many transportation projects in Carlsbad have historically been vehicle capacity enhancing and traffic control focused, the livable streets strategy will explore all potential solutions to enhance the mobility for all users of the street. Many future transportation projects will involve repurposing existing right-of-way rather than acquiring and constructing new right-of-way. The city’s approach to provide livable streets recognizes that optimum service levels cannot be provided for all travel modes on all streets within the city. This is due to competing interests that arise when different travel modes mix. Therefore, the General Plan Mobility Element intends to provide a balanced mobility system that identifies, based on the type of street (street typology), the travel modes for which service levels should be enhanced and maintained per the multi-modal level of service (MMLOS) standard specified in the city's Citywide Facilities and Improvements Plan. Sept. 28, 2021 Item #10 Page 73 of 171 -38-Sept. 28, 2021 Item #10 Page 74 of 171 POINSETTIA LN • • FIRE STATIONS-EXISTING () FIRE STATIONS-PLANNED; •LIBRARIES-EXISTING t}LIBRARIES-PLANNED LA •CITY ADMINISTRATION FACILITIES-EXISTING (j CITY ADMINISTRATION FACILITIES-PLANNED -39- FIGURE 8 (C) PUBLIC BUILDINGS SEPTEMBER 1 e, 1 986 City of Carlsbad Sept. 28, 2021 Item #10 Page 75 of 171 -40- 3 Sept. 28, 2021 Item #10 Page 76 of 171 ffiJ ........ .......... ·······•··• ::iiifi!iiifi liiiiiiiiiiii;;° ::::::::::::: :liilli!lli!l!mm 1 m ! l g g m !iiiiiiii!iiiii i iliiiii:: :::::::. ·:::::::::::::::=: : · City of Carlsbad ----------------- PERPORMANCE STANDARD No more than 1,500 dwelling units Olltside of a five minute response time. ADDITIONAL PACILITY PLANNING INFORMATION A. B. Inventory: The city has four existing fire station locations: Station 11 -1275 Elm Avenue Station 12 -1906 Arenal Station f3 -3701 Catalina Station f4 - 6885 Batiquitos Road (Under construction) At buildout the City will require two additional fire stations which are proposed for the following locations: Station fS -Rancho Santa Fe/Cadencia Station 16 -At the Public Safety Center Station IS is scheduled for construction in the 5 year C.I.P for 1989-90. Station 16 is scheduled for construction in the 5 year C.I.P. for 1990-9.Finally, station 13 is scheduled to be relocated in 1990-91. Adequacy Evaluation: The following Local Pacility Management �ones presently meet the fire performance standard and are adequately covered to build-out of the city. These zones are: 1, 2, 3, 4, 9, 10, 19, 20, 21, 22, and 23.The remaining Local Facility Management Zones must address fire adequacy in their local plans (see Pigure 14). -41- FIRE Sept. 28, 2021 Item #10 Page 77 of 171 .-01N8ETTIA LN • AREAS WHERE 15� ADDl110NAL PERMANENT OPEN •ACE TO IE PROVIDED EXCLUSIVE OF ENVIRONMENTALLY CONSTRAINED LAN> -42- FIGURE 14 OPEN SPACE ·SEPTEMBER 19, 1988 City af Carlsbad Em W::l Sept. 28, 2021 Item #10 Page 78 of 171 -:=:~:~:i:~:~:::: ❖::::.•-···•:•• ·•·❖:❖·•:❖:::..-.·.··• ··-:::::::::::•· •❖ :-:-:❖:❖ :!!!:::::::::!:::::: \tf\\Jf OPEN SPACE PERFORMANCE STANDARD: Fifteen percent of the total land area in the zone exclusive of environmentally constrained non­developable land·must be set aside for permanent open space and must be available concurrent with development. ADDITIONAL FACILITY PLANNING INFORMATON: The preceding map highlights those areas of the city which will be required to comply with the open space performance standard. The other areas of the city are already developed or meet or exceed the requirement. Local Facility Management Zones 1, 2, 3, 4, S, 6, 7, B, 9, 10, and 16 already meet the standard while Zones 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, and 25 must detail in their local plan how they will meet this standard. -43- Sept. 28, 2021 Item #10 Page 79 of 171 P01Na(T1'1A L.N • EXISTING • EJ..EMEN T ARY• JUNIOR 1-1GH.& t,tGHSCHOOLFUTURE 0 ELaEN'TAR'I D .ANClR HIGH f::. t,fGH SCHOOL D f::. 0 L.A -44- FIGURE 15SCHOOLSSEPTEMBER 18, 1988 0 City of Carlsbad Sept. 28, 2021 Item #10 Page 80 of 171 D CARLSBAD l.tflFIED SCHOOL DISTRICT FIGURE 16 16 SCHOOL DISTRICT BOUNDARIES SEPTEMBER 18, HISS fi1 ENCINITAS ELEMENTARY DISTRICT & SAN DIEGUITO HIGH SCHOOL DISTRICT � SAN MARCOS UNIFIED SCHOOL DISTRICT -45-City of Carlsbad !l01t118ETTIA LN • LA Sept. 28, 2021 Item #10 Page 81 of 171 SCHOOLS PERFORMANCE STANDARD School capacity to meet projected enrollment within the zone as determined by the appropriate school district must be provided prior to project ed occupancy. ADDITIONAL FACILITY PLANNING INFORMATION The City is served by four school districts: 1.Carlsbad Unified Sc hool District2.San Marcos Unified School District3.San Dieguito Union High school District4.Encinitas Union Elementary School District The preceding, illustrative map shows the proposed future sc hool sites along with those that presently exist. These locations wer• determined during the Sc hool Master Location Study which was completed in 1982. Based on the new land use densities and the information provided to the Carlsbad School District, they are considering the possibility of updating the School Location Plan. With the exception of the Carlsbad School District, the remaining three districts provide approval for new development so long as the appropriate fee is collected. The Carlsbad School District collects a fee but also negotiates certain items on an individual basis with each developer prior to providing a •will Serve• letter to the City. The Growth Management Program and adopted school perfor-· mance standard wil1 allow this process to continue. The major difference to the previous process is that be­fore, the districts were only able to review projects individually. Now, during the Local Facility Management Plan review, they will have the ability to view a much larger, comprehensive plan. This added information will enable the districts to consider alternate plans of action and to make necessary adjustments in advance of the impact of new development. -46-Sept. 28, 2021 Item #10 Page 82 of 171 ENCINA WATER POLLUTION CONTROL FACILITY TAI.NI( UNES FU'T\.RE LINE . . . . . . ··:. ......... �. � .. ,t@'%,,.:, EXISTING BUT I..PGAADING PLANNED •TREATMENT PLANT .......... -47- :•I• .. •• • 4-• •' FIGURE 9 SEWER SERVICE SEPTEMBER HI, 11.ae . ......... ·� ........ .. ltD ............ � •• � ••• • • + • City of Carlsbac : ,,.1,.01111"" ,�M�---� ...... --�------�----------- Sept. 28, 2021 Item #10 Page 83 of 171 ~OIM.ITTIA ~N ♦ D CARLSBAC SEWER SERVICE AREA 0 LEUCADIA COUNTY WATEA DISTRICT [tJ SAN MARCOS COUNTY WATER DISTRICT -48- FIGURE 10SEWER DISTRICT BOUNDARIES SEPTEMBER ie. 1988 City of Carlsbac �OIN81TTIA L.N • Sept. 28, 2021 Item #10 Page 84 of 171 SEWER COLLECTION SYSTEM PERFORMANCE STANDARD Trunk line capacity to meet demand as determined by the appropriate sewer district must be provided concurrent with development. ADDITIONAL FACILITY PLANNING INFORMATION The City is provided sewer service from three agencies: 1.City of Carlsbad2. Leucadia County Water District3.San Marcos County Water District Each of the three service providers ha ve completed master plans for the major public facilities needed to service the City. The San Marcos facilities are in place now which will provide service for buildout needs of their service area. The Leucadia County Water District completed their agency's Master Study Plan in September 1985 which provides for all facilities needed to buildout. The Carlsbad Sewer Mast er Plan was completed in April 1985, and it also provides for all facilities needed to buildout. Sewer faci lities are such that the exact size and capacity of each line depends on the individual development projects being proposed. Therefore, the master plans developed by each agency are able to address these needs at the project level. The existing Sewer Collection System is adequate to meet current service demands. The future plans of each agency provide the necessary facilities to service the City at buildout. Each service provider will review and approve all local plans that affect their service area to ensure that the adopted performance standard is maintained based on the phasing of development. -49- Sept. 28, 2021 Item #10 Page 85 of 171 l'OINlllTTIA I.N • - FUTURE MAJOR TR.N<. UflES • FUTURE RESEVOIA -50- • FIGURE 1 7 WA TEii SYSTEM SEPTEMBER 18, 198e City of Carlsbad Sept. 28, 2021 Item #10 Page 86 of 171 D COATA REAL MUNICIPAL WATER DISTRICT IIIIJ BUENA COLORADO WATER DISTRICT 0 SAN MARCOS COUNTY WATER DISTRICT fl����illOLIVENHAIN MUNICIPAL WATER DISTRICT -51- FIGURE 18WATER DISTRICT BOUNDARIESSEPTEMBER 16, 1986 City of Carlsbad ------- Sept. 28, 2021 Item #10 Page 87 of 171 ~OINIETTIA LN ♦ LA 110 11111 ,,,,imi .... .. WATER DISTRIBUTION SYSTEM PERFORMANCE STANDARD Line capacity to meet demand as determined by the appropriate water district must be provided concurrent with development. A minimum 10 day average storage capacity must be provided prior to any development. ADDITIONAL FACILITY PLANNING INFORMATION The City has three water service providers: 1.Costa Real Municipal Water District2.Buena Colorado Water District*3.San Marcos County Water District4.Olivenhain Municipal Water District Each of the three service providers, exclusive of Buena Colorado Water District, have completed master plans for the major public facilities needed to service the City. The San Marcos facilities are in place now which· will provide service for the buildout needs of their service area. Olivenhain has identified certain existing facilities which will need to be upgraded and improved in order to meet the needs of future growth. Costa Real has identified those facilities which will need to be added, upgraded, and improved in order to meet the needs of future growth. For the most part, the facilities needed to service the City are presently in place, and where future facilities are needed, they have been identified in the appropriate Master Plan. The existing Water Distribution System is adequate to meet current service demands. This includes both line capacity and the minimum 10 day storage capacity. The future plans of each service agency provide the necessary facilities and storage capacity to meet the buildout needs of the City.** Each service provider will review all local plans that affect their service area to ensure that the adopted performance standard is maintained based on the phasing of development. *At some future date, the Buena Colorado Water District's Carlsbad service area will be absorbed into the Costa Real Municipal Water District. **The San Marcos County Water District has determined a 3.2 day storage supply of water for their district's local service area. Because the Carlsbad service area is so small, it has been determined that their storage capacity is adequate. -52- Sept. 28, 2021 Item #10 Page 88 of 171 SECTION VI. GUIDELINES FOR PREPARATION OF LOCAL FACILITY MANAGEMENT PLANS A.REASONS FOR GUIDELINES These guidelines have been prepared to: 1.Assure that the Local Facililty Management Planwill be consistent with and implement the CitywideFacilities and Improvements Plan and the overallGrowth Management Ordinanc e; 2.Develop a consistent format for each of the twenty­five facility management zones which willfacilitate review by decision makers and the publicalike; and, 3.Provide clear directions to property owners,consultants, and developers who may preparemanagement plans, with the aim of reducing thecosts or time delays associated with the process. B.OVERALL FORMAT 1.8 112· by 11• All documents to be 8 112• by 11• with a verticalformat. Where larger maps or tables are needed,provide them on 11• by 17• fold out pages. 2.Print One Side Only To facilitate review and notation of documents,please print on one side of paper only. 3.Page Numbers Page number the entire document sequentially,rather than by section to facilitate easyreference. 4.Exhibits, Figures and Tables Label exhibits, figures and tables numerically oralphabetically and include in the Table ofContents. 5.Appendixes Any lengthy documentation felt necessary, such a•traffic studies, lengthy calculations, large maps,etc., should be included in an appendix section, orseparate appendix document. -53- Sept. 28, 2021 Item #10 Page 89 of 171 C.EDITORIAL GUIDELINES 1.Adequate Avoid using words like •adequate•, instead, alwaysquantify in specific numerical terms. 2.Sources When using or referring to secondary sources ofdata, be specific, i.e., report names, dates,authors, page numbers, etc. 3.Methodology Be specific about the methodology used for analysis,cite all secondary sources. D.CONTENTS OVERVIEW 1.Entire Zone The plan should cover the entire zone. Planssubmitted for only a portion of the zone will not beprocessed. 2.General Plan and Zoning The Local Facility Management Plan shall be basedupon the General Plan and zoning applicable withinthe local zone at the time of approval. 3.Citywide Facilities and Improvements Plan The Local Facility Management Plan shall beconsistent with the Citywide Facilities andImprovements Plan and shall implement this planwithin the specific zone. E.SPECIFIC OUTLINE The Local Facility Management Plan should follow theoutline and must include the contents listed below: -54- Sept. 28, 2021 Item #10 Page 90 of 171 1.Title Page Include zone number, name, address, and telephonenumber of sponsor of zone plan, all consultants, anddate of preparation. 2.Table of Contents The table of contents should be comprehensive andinclude a list of exhibits, figures, tables andappendices. 3.Introduction Include, here, a brief description of the zone andbackground maps. Maps should include the following: A.Citywide Local Facility Management Zones Map;please highlight the specific zone underconsideration with a graphic pattern. B.Latest General Plan map of the zone. c.Latest City zoning map of the zone. D.Map and table indicating the major (25 acres or larger} property owners in the zone and acresof property owned by each. For smallerholdings, list the number of owners and acresin aggregate. Also list popularly known namesof development projects included in the zone.Where a specific project has been filed with orapproved by the City include City's officialreference number. 4.Buildout Assumptions A projection of the buildout for the zone shall beprovided including residential and non-residentialland use acreage and constrained land. A map andtables showing how dwelling units and acreageprojections were determined shall be provided. Themap shall show the location of all environmental andother constrained lands including beaches, permanentbodies of water, floodways, wetlands, riparian orwoodland habitats, major power transmissions lines,major roadways, railroad tracks, slopes with aninclination of 25 percent to 40 percent and thosegreater than 40 percent, open space areas previouslydesignated on the City's Land Use Map and other landupon which significant environmental features are -55- Sept. 28, 2021 Item #10 Page 91 of 171 located as determined by the environmental review process for the Local Facility Management Plan. Als o include population projections based on 2.471 persons per household. The buildout projection for the zone shall be checked by City staff for compliance with the methodology and projections made by the City as part of the preparation of the Citywide Facilities and Improvements Plan. Should the City Council's Referendum or the Citizen's Initiative be passed on the November ballot, additional instructions may be issued for this section. s.Facilities Raving Citywide Impact City Administrative Facilities Library and Wastewater Treatment Capacity have been analyzed as part of the Citywide Facilities and Improvements Plan and are monitored as part of the City's annual monitoring report. To the extent that the preparers of the Local Facility Management Plan feel that these Citywide facilities will be constructed on a timely and adequate basis for appropriate development within the local zone, no further analysis is required within the local zone plan. Analysis should be included only if recommendations are made to modify the Citywide Facilities and Improvements Plan for these facilties including plans, standards, phasing or funding. Additionally, any wastewater treatment that is proposed to b.e handled at other than the Encina Plant, such as the Calavera Bills Reclamation Pl ant, should be discussed in detail in this section. If the Citywide analysis is acceptable, include in this section a statement indicating that the Citywide Facilities and Improvements Plan has been reviewed for these three facilities and indicate that it is acceptable for zone development. 6.·pacilities Not Raving Citywide Impact A separate section shall be included for each of the following eight facilities: Parks Circulation -56- Sept. 28, 2021 Item #10 Page 92 of 171 Drainage Fire Open Space Schools Sewer Collection System Water Distribution Syst em Each section shall contain the following sub­sections described further below: A.City StandardsB.InventoryC.PhasingO.Financing I.City Standards Por ease of reference, please repeat the City Performance Sta ndard at the start of each section. I I. Inventory The Citywide Facilities and Improvements Plan includes a prelimi nary inventory of present and future requirements for each facility and improvement. The Local Facility Management Plan should confirm this inventory and provide additional details including cost estimates for the specific zone. Because improvement requirements fo r certain facilities and improvements may overlap zone boundaries, a discussion of the need for coordination and a proposed coordination plan for facilities extending from one zone to another shall be included. It must be shown that development in the zone will not reduce the facilities or improvements capabilities or create facilities or improvements shortages in other zones or reduce service capability in any zone below the City's adopted performance standard. A few additional sp ecific guidelines for facility inventory are included below: 1.PARKS The plan shall include: i.A map of the Park District within whichthe zone is located. If a zone lies inmore than one Park District, a map �hallbe shown for each Park District. -57- Sept. 28, 2021 Item #10 Page 93 of 171 ------------------------------- ii.A map and list of all existing andproposed community or special use parkswithin the related Park District (CityQuadrant). 2.CIRCULATION The plan shall include: i.A map of the existing and proposed streetsystem, categorizing streets by the CityCirculation Element criteria. Allexisting prime arterials, major arterials,secondary arterials and collector streetsshall be shown. For the proposed streetsystem, new collector streets that areinternal to the subdivisions and that willbe built and entirely funded by thedeveloper as part of an individualdevelopment need not be shown. For anycirculation element road, an alignmentplan with a scale no greater than 200 feetper inch shall be prepared showing thevertical and horizontal alignment of theroad. The limits of the alignment shouldbe extended beyond the zone boundary to alogical terminus as necessary subject tothe approval of the City Engineer. For ease of analysis it is suggested that existing streets be shown with a solid line and proposed streets with a dotted line. Use a wider line width for the prime arterial scaling down to a narrow line for collector streets. The map should normally include land outside of the zone which is necessary to analyze how the circulation system works for the entire zone. The map must indicate •impacted• road segments or intersections outside the zone. ii.A table and/or map indicating existingstreet capacities, traffic volumes andservice levels during off-peak and peakhours for all road segments andintersections. -58- Sept. 28, 2021 Item #10 Page 94 of 171 ·-· --------------- iii. A table and/or map indicating projectedstreet capacities, traffic volumes andlevel of services during off-peak and peakhours for all road segments andintersections at buildout. iv. A list of technical assumptions orme.thodology used in the analysis such astrip generation rates by land use, trafficmodeling systems used, etc. If Citystudies are used for the analysis simplyreference the City studies. v.Until the Citywide Traffic Impact Study iscompleted (January 1987), the circulationinformation shall be verified by Citystaff requesting an independent review bySANDAG (San Diego Association ofGovernments). 3.DRAINAGE The plan should include: i.Map of natural drainage areas in relationto topography. ii.Map and listing of existing and proposedfacilities including: Pipes Desiltat ion basins Retention basins Open channels (earth or concrete) Headwalls Clean Outs iii.Por any facility not shown in the City'sMaster Drainage Plan or recommendedchanges to the City's plan, list specificassumptions and calculations used in theanalysis such as expected flows (cfs) andcapacities for each facility. 4. FIRE The plan should include: i.A map of existing and proposed fire stations serving the zone. For each station show the five minute response time. -59- Sept. 28, 2021 Item #10 Page 95 of 171 ii.A table and/or map indicating the numberof existing and proposed dwelling unitsoutside the five minute response time ofexisting station. S.OPEN SPACE The plan should include: i.A map and table (acres) showing allexisting land to be considered as openspace. Such areas might include pocketparks, homeowners ball fields, plannedresidential development (PRC) commonareas, golf courses, tot lots, swimmingpools, tennis courts or other areascontaining passive or active recreationalfacilities, such as major power lineeasements. Where any portion of the zoneis to be developed wit h large lot,standard single family development(minimum 7,500 square foot lots), theamount of open space may beproportionately modified. ii.When known, a map and table indi cating allproposed future open spaces. If possiblerelate these spaces to spe cific propertyownerships or developments. Wherefeasible, the plan should inventory anysites within the zone that areparticularly suited to open space use and that will enhance the overall livabilitywithin the zone. 6.SCHOOLS List the name of the service agency(s) for the zone. If more than one agency serves the zone, list each agency, and include a map showing each agency's service area. Service agencies include San Dieguito Union High School District, Encinitas Union Elementary S�hool District, San Marcos Unified School District, and Carlsbad Unified School District. The plan should include a map of existing and proposed elementary, junior high and high schools serving the zone. For each school show current and projected enrollment and rated capacity. Indicate assumptions used such as students per househo ld. -60- Sept. 28, 2021 Item #10 Page 96 of 171 7.SEWER COLLECTION SYSTEM List the name of the service agency(s) for the zone. Service agencies include Leucadia, San Marcos, and Carlsbad. If more than one agency serves the z·one, list each agency and include a map showing areas served. The plan should include: i.Map of the natural drainage areas inrelation to topography. ii.Map and list of existing and proposedtrunk lines (normally 12 inches andlarger), force mains, and pump stations. iii.List of technical assumptions used inanalysis such as:• • • Gallons per day for residential uses • Gallons per acre per day for non­residential uses • Buildout assumptions by drainage area. iv. For each facility indicate size, capacityin cubic feet per second, currentutilization in cubic feet per second,projected buildout utilization in cubicfeet per second, cost estimates. v.A.discussion of how the proposed systemrelates to water reclamation plans withinthe zone or other zones sh ould beincluded. If golf courses or large parkand open spaces are included, the planshall include a specific discussion of thereclamation potential, and indicate if theproperty owner will agree to use reclaimedwater, if available. 8.WATER DISTRIBUTION SYSTEM List the name of the service agencies for the zone. Service Agencies include Olivenhain Municipal Water District, San Marcos county Water District, and Costa Real Municipal Water District. If more than one agency serves the zone, list each agency and include a map showing each area served. -61- Sept. 28, 2021 Item #10 Page 97 of 171 III. The inventory should incl ude: i. Map and list of existing and prop osed facilities including major transmission lines, storage facilities, water · treatment and pumping facilities, and local water resources. ii.List of technical assumptions used inanalysis such as: • • • • Gallons per day for residential uses • Gallons per acre per day for non­residential uses • All golf courses or prop osed large open spaces, or parks to be watered shall be identified • Fire flows. iii� Por each facility indicate size, capacity, current utilization, projected buildout utilization, cost estimates. iv.A discussion of how the proposed systemrelates to water reclamation plans withinthis zone or other zones should beincluded. If golf courses or large parksand open spaces are included, the planshall include a specific discussion of thereclamation potential and indicate if theproperty owner will agree to use reclaimedwater, if available. Phasing A phasing schedule establishing the timing for installation of the facilities or improvements in relationship to the amount of devel opment activity (e.g. number of dwelling units, number of square feet of commercial space, etc.) shall be submitted for the facility management zone. The phasing schedule shall ensure that development of one area of the zone will not utilize more than the area's pro rata share of facility or improvement capacity within that zone unless sufficient capacity is ensured for other areas of the zone at the time of the first development. -62- Sept. 28, 2021 Item #10 Page 98 of 171 Periods where facilities and improvements may not meet the City standard shall be indicated, and the plan shall either: i.Provide a means for meeting the stan�ard, or ii.Suspebd development in the zone for a periodof tim� until the standard is met. The primary goal of the zone plan is to provide more up fr�nt, longer term plannning for public facilities. The phasing analysis and schedules are primarily fo r planning and •early alert• purposes. It is recognized that when development will actually take place relates to many variables that change over time. Nevertheless, it is necessary to prepare phasing assumptions in order to analyze facility phasing, construction and financing plans. The decision as to whether a specific project may proceed will be made in relation to both the zone plan and the actual project approval. In both cases analysis will relate directly to assurances that the Performance Standards can be met. Both dwelling unit and non-residential land usage should be projected on a year-by-year basis over a twenty year time line similar to the analysis that was done in the Citywide Facilities and Improvements Plan. Development projected beyond the 20 year period should be shown in one remainder number. A table for th� speci£ic zone should be included as part of the plan. City staff will verify the •reasonableness• of these projections based uponregional growth predictions prepared by SANDAG,projections made by the City in conjunction with theCapital Improvements Program and actual historicaltrends. Specific facility phasing for each of the eleven facilities should relate directly to these projections. When considered helpful, alternative phasing schedules may_ be submitted. For example, such schedules might document that facilities will be adequate fo� variable rates of development within the specific zone� Additional instructions for specific facilities are as follows: -63- Sept. 28, 2021 Item #10 Page 99 of 171 SEWER COLLECTION SYSTEM Any temporary pump station required, due to phasing of facilities shall be clearly identified. Future development proposals requiring pump stations that are not identified in the zone plan will not be approved without amendments to the zone plan. DRAINAGE It should be shown that the proposed phasing schedules will not create any onsite or downstream problems in relation to erosion, flooding or siltation. IV.Financing Plan A financing plan estabishing proposed methods to fund all needed facilities shall be included: The plan shall specifically indicate; i.Which facilities are proposed to be funded andbuilt as an integral requirement of thedevelopment projects located within the zone.Where facilities are proposed to beconstructed in the future and the costs are tobe allocated to variou s properties ordevelopments within the zone, the plan shallso indicate and a Facilities Management Feeshall be proposed. The amount of the feeshall be determined based upon the estimatedcost of the facilities spread to a specificincrement or level of development. The feeshall be collected unit by unit inrelationship to the specific demand beginningwith the first unit of development. Thesefees shall be held in deposit with the City inorder to assure funds will be available whenthe facility is needed. ii.Which facilities are proposed to be built bythe City, special District or State as partof its normal capital improvement program.The facilities should be shown on an approvedcapital facilities program. -64- Sept. 28, 2021 Item #10 Page 100 of 171 iii. Where the City or Special District proposes tobuild a facility as part of its normal capitalimprovements program but such facility is notcurrently shown on an adopted capitalimprovements program, supporting verificationand documentation should be included from theCity· or special District. iv. Other funding sources such as assessmentdistricts or grants shall be discussed indetail along with rationale as to why thissource is considered workable. v.If developer reimbursement agreements areanticipated in relation to financing theyshould be so indicated. Detailed rationale asto why reimbursement is reasonable, areference to the legal authority allowing suchan agreement, and how such reimburse ment is tobe arranged shall be included in accordancewith the proposed construction sc hedule anddevelopment phasing plans. vi.Where facilities or improvements are requiredfor more than one zone, the phasing plan shallidentify those other zones and the plan foreach zone shall be coordinated. Coordinationshall not require identical funding methods,as long as the plan assures that funds will beavailable concurrent with need. Additional instructions for specific facilities are as follows: OPEN SPACE Open space will normally be reqQired as part of the development. Any proposal to include open space as part of a City-maintained program will require extraordinary jus tification. SCHOOLS Please discu ss here an understanding of the school districts funding plan, particularly in relation to developer agreements for development approvals within the zone. SEWER COLLECTION SYSTEM If temporary pump stations are proposed, a financing plan covering the operations of the pump stations during the temporary period shall -65- Sept. 28, 2021 Item #10 Page 101 of 171 be included. It will normally be assumed that this operation will be funded by the related devel opment. F.ADDITIONAL SUBMITTAL REQUIREMENTS 1.Property owners list and addressed stampedenvelopes (metered must be undated) - A) atypewritten list of the names and addresses of allproperty owners within the zone and within a 600foot radius of the zone. The list shall includethe San Diego county Assessor's parcel number fromthe latest assessment rolls. B) Two separate setsof legal size (#10), addressed stamped envelopes ofthe property owners within the zone and within a600 foot radius of the zone. Do not type assessor's parcel number on envelopes. Le ave return address blank. C) A map to scale not less than 1•-1000• showing each lot within the zone and within 600 feet of the exterior boundaries of the zone. Each of the lots shall be consecutively numbered and corresp ond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Department if the required scale is impractical. 2.Number of copies of plan -Fifteen (15) copies ofthe plan shall initially be submitted. Once theplan has been reviewed by staff and is ready to bescheduled for public hearing, an additional fifteen(15)copies shall be submitted. 3. A deposit of $10,000 shall be submitted - All staffand city consultant time and materials in reviewingthe plan shall be fully documented. If any of the deposit is unexpended, it will be refunded followingthe public hearing. If the deposit does not coverthe cost of reviewing the plan, an additional feewill be charged bef ore the plan is scheduled forpublic hearing. -66- Sept. 28, 2021 Item #10 Page 102 of 171 SECTION VII. FINANCING OPTIONS AND POLICIES When the Work Plan for the Growth Management Ordinance was adopted by the City Council on July 1, 1986, a detail�d financing plan and analysis was not requested for the facilities aqd improvements which were to be addressed in the Citywide Facilities and Improvements Plan. It was understood that detailed financing plans would be required as part of the preparation of the Local Facility Management Plans. However, this section does address avail able cost estimates and funding sources for those citywide facilities under the City's control. The table titled •Future Public Facilities List• at the end of this section shows these facilities. Those citywide facilities to be installed or financed through the operations of the various special distr�cts are referenced in the district's appropriate master plans. The capital facilities necessary to support the City of Carlsbad generally fall into two categories --those provided by developers as a condition of development approvals, and those provided by the City through a system of fees, taxes, or other financing sources. The Growth Management Ordinance further defines this division by listing the projects that qualify for funding from one of the usual City sources. It is the City's responsibility to plan for the construction and maintenance of City projects and to finance these projects in the best possible way. The following describes some of the financing options available to the City. A.Cash/Pay-as-you-go financing. The City has used thismethod of financing to pay for most capitalimprovements constructed to date. In concept, the City charges the development communitya series of fees which provide the source of income topay for capital projects. When enough cash has beenassembled, the City constructs the next capital projectin order of priority. This method forces the City todelay construction of various projects until funds havebeen collected. These fees include: 1.Public Facilities Fee2.Park-In-Lieu Pees3.Planned Local Drainage Fees4.Traffic Impact Feess.Bridge and Thoroughfare Benefit District Fee6.Sewer Pees7.water Pees Special Districts collect their own various fees. -67- Sept. 28, 2021 Item #10 Page 103 of 171 B.Reimbursement Agreements. In certain inst ances, a developer may ask the City to move a project forward intime and to construct a facility before funds have beencollected. When this occurs, the City could adopt thepolicy of having the interest ed developer constructthe project based on a reimbursement agreement. TheCity would pay the developer back for the portion ofthe project that was to be funded by City resourcesover a period of time. Payments would commence at thetime the City had originally scheduled construction.Moving the project forward in time is for the benefitof the developer. Therefore, the City's repayment wouldbe limited to the cost of the public portion of theproject and no interest would accrue to the developer.The use of this method of project financing does noteliminate the developer's obligation to pay City fees.The developer must still pay all City fees associatedwith a development. C.credit for City Fees. When it is in the publicinterest to construct certain public facilities earlierthan would be possible under a pay-as-you-go program,the City can consider giving a developer credit forfees th at would otherwise be paid, up to the cost of thepublic improvement. These credits would reduce theamount of fees payable in future years from a certaindevelopment. Pee credits must be used carefully to avoid eliminationof income from capital fees necessary to finance otherprojects. Two alternatives exist for fee credits: Full fee credit immediately: Under this option, the developer who builds a public improvement would be eligible to deduct 1001 of the cost of the improvement from feespayable. Once the fee credit is exhausted,the developer begins paying fees as normallyassessed by the City. Under this option thedeveloper gets immediate credit for the totalcost of a project. Partial fee credit -credit over time: In this option, the developer who builds a public improvement receives a credit for the cost of a public improvement. However, the use of that credit is spread over a series of years. This allows the City to continue to receive at least a portion of fees -68-Sept. 28, 2021 Item #10 Page 104 of 171 designated for capital projects while giving the developer credit for the construction of public improvements that would have ot herwise been paid for by the City. Wo interest would accrue to the developer as a part of this arrangement. D.Debt Financing. A range of debt financing alternativesare available to the City. If it is in the public interest to push a project ahead and to construct an improvement before funds are on ha nd, debt financing may be the answer. If the project is being pushed forward for the convenience or benefit of a developer, that developer should bear the cost of issuance and interest over the life of the debt issue. The actual mechanics of a debt issue and how to determine the developer's responsibility to support costs is yet to be defined. Some of the debt financing vehicles available are shown below: Assessment Districts: Under Council Policy No. 33, the City may assist a developer in the construction of various public improvements that may be financed through the use of assessment districts if there is significant public benefits from the improvement. In cases where a City contribution would be necessary to a district, the City may ask a developer to pay the City contribution. The developer could then be reimbursed at a later date (i.e., in the year that the capital project had been originally scheduled for construction) or through a system of credits as described earlier. Special Benefit Districts: State law allows the formation of a variety of special benefit districts. These districts may be used to fund the construction of parks, libraries, police or fire facilities, and street lighting systems to name a few. These districts may be formed by a vote of the property owners who then assess themselves for the cost of improvements. The developer and/or land owner bears the burden of debt service payments. City participation in a district of this type is possible to th e extent of public improvements that would have otherwise been the responsibility of the City. However, the movement of capital improvements forward-in-time would require some concession from the developer in offsetting interest, -69- Sept. 28, 2021 Item #10 Page 105 of 171 debt issue, or other additional costs. Revenue Bonds: The City may elect to issue revenue bonds to finance improvements related to utility functions or other City services that generate a fee for service, although other City functions could support the use of revenuebonds. If public improvements are being installed aheadof schedule to accommodate a developer, the City wouldexpect the developer to offset many of the costs of suchan issue as described above. Tax Increment Bonds: Public improvements in the City's redevelopment area can be financed through the use of tax increment bonds. The Redevelopment Agency has developed a plan for the construction of public improvements using this method of financing. A developer asking for public improvements to be constructed ahead of schedule must consider the agency's ability and willingness to defer other projects. Certificates of Participation: Certain public facilities such as buildings can be financed through Certificates of Participation. This is in effect a lease agreement between the City and another agency. A developer wishing to push projects forward might consider constructing facilities such as a library or fire station using this financing tool. The developer may be asked to bear certain costs or to accept credit in lieu of payment for certain improvements. General Obligation Bonds: The City has the ability to issue General Obligation Bonds to fund the construction of public improvements. This can only be done with the approval of 2/3 of the voters in an election. It is unlikely that the City will have the ability to use this method of funding public projects which benefit specific developments. -70- Sept. 28, 2021 Item #10 Page 106 of 171 In the course of developing the Citywide Facilities and Improvements Plan, the following financing policies were identified: 1.Recognize that those projects identified in the PublicFacilities Pee Calculation are the ultimateresponsibility of the City to fund, however, thepriority for funding projects is at the dis cretion ofthe City Council. 2.Recognize that the Capital Improvements Program willplay a significant role in helping to establishcompliance with the adopted preformance standards.Priority for the funding of projects should go to infillareas or areas of the city where existing deficienciesexist. 3.Agree to consider assisting developers with creditsagainst future fees, reimbursement agreements, formingassessment districts, etc. only when it is clearly inthe public interest to do so or to rectify publicfacility deficiencies and not to induce growth byprematurely upgrading public facilities. 4.Recognize that all credit or reimbursement arrangementswill be made based on the City's plans for timing ofcertain public facilities. For example, if a developerwanted to put in an improvement that the City had notplanned for 5 years and was not necessary to rectify anexisting deficiency, the City would not considerbeginning to provide credits or reimbursement until the5th year, if at all. s.Recog nize that public facility improvements made up­front or ahead of City plans by developers must providethe funds necessary to cover annual operating costs forthe facility until the time the City had previouslyplanned to provide the facility. 6.With the recent reduction in residential densities andoverall restriction on residential development,recognize that it may be necessary to start chargingfees to commercial and industrial land uses in caseswhere they are not presently assessed. For example,commercial and industrial developments do not pay schoolor park fees although they will increasingly impactthese facilities. With the reduction in residentialland uses and density, it may be necessary to chargecommercial and industrial to make up the deficit. 7.At a future date, consider directing staff to conduct afinancial analysis of the Public Facilities Fee to determineits adequacy in terms of cash flow and method of calculationin light of the overall Growth Management Program. -71- Sept. 28, 2021 Item #10 Page 107 of 171 PROJECT GOVERNMENT FACILITIES *City Hall*FIRE STATION #3*FIRE STATION #5*FIRE STATION #6*LIBRARY*PUl:>lic Safety Ctr PARKS Alga Norte •calavera HillsCannon Lake •Leo Carrillo*Macario CanyonNE QuadrantNon-Determined Sites•senior Citizen Center C I T Y 0 F CAR LSBAD FUTURE PUBLIC FACILITIES LIST DESCRIPTION Relocation -Calavera Hills PUblic Safety Center Rancho Santa Fe Additional 84,600 sq. ft. Special Use Areas Additional 10.7 acres *SW Quadrant DRAINAGE PROJECTS **-----------------DISTRICT 1 Drainage Fee/Gross Acre = $0 DISTRICT 2 II $ 0 DISTRICT 3 II $ 3,808 DISTRICT 4 " $ l,686 DISTRICT 5 " $ 2,658 DISTRICT 6 " $ 200 DISTRICT 7 " $ 2,273 DISTRICT 8 " $ 0 DISTRICT 9 " $ 2,878 DISTRICT 10 " $ 1,196 DISTRICT ll " $ 1,630 DISTRICT 12 " $ 4,445 DISTRICT 13 " $ 2,858 FUND PFF " " " " " PFF II " II " II " " II II PLO II " " If If II II II ti " " ti *Part or all of these projects are in the adopted five yearcapital Improvement Program. See the 1986-91 CIP for details. COST EST. (OOO's) 4,000 425 1,950 590 10,593 3,400 $20,958 3,531 2,270 650 2,000 14,000 4,225 4,225 l,679 368 4,225 $37,173 $30,387 ** SOURCE: Master Drainage Plan for the City of Carlsbad, June 1980 Costs have been adjusted to 1986 dollars per the Pipeline/Concrete Index (24.6%). -72-Sept. 28, 2021 Item #10 Page 108 of 171 C I T Y O F CARLSBAD FUTURE PUBLIC FACILITIES LIST PROJECT DESCRIPTION SEWER PROJECTS ** *ENCINA TREAT. PLANT Phases IV & V (Carlsbad's share) *CALAVERA HILLS PLANTUPGRADE TRUNK LI NES*Area 1 -BUENA VIS TA*Area 2 -NORTHWEST CITYArea 3 -CALAVERA HILLSArea 4 -NORTH AGUA HEDIONDA *Area 5 -SOUTH AGUA HEDIONDAArea 6 -PALOMAR AI RPORTArea 7 -NORTH BATIQUITOS UPGRADE PUMP STATION Area 1 -BUENA VISTA Area 2 -NORTHWEST CITY Area 3 - CALAVERA HILLS *Area 4 -NORTH AGUA HEDIONDAArea 5 -SOUTH AGUA HEDIONDA Area 6 -PALOMAR AIRPORT Area 7 -NORTH BATIQUITOS JOINT FACILITIES NOTE: Area 1 -BUENA VISTA Area 2 -NORTHWEST CITY Area 3 -CALAVERA HILLS Area 4 -NORTH AGUA HEDIONDA Area 5 -SOUTH AGUA HEDIONDA Area 6 -PALOMAR AIRPORT Area 7 -NORTH BATIQUITOS GRAND TOT AL FUND Sewer II II II II II II II II II II II II II II II " COST EST. (OOO's) 13,070 5, 2.;,o 25 810 0 590 970 0 0 0 435 0 765 l,750 0 0 350 2,190 0 0 3,230 135 0 $29,560 $171,896 ========= SAN MARCOS (WATER/SEWER) -Existing facilities are adequate to buildout. LEUCADIA ( SEWER) OLIVENHAI N WATER COSTA REAL WATER -Specific projects and costs are detailed in the Districts Master Plan. " II *Part or all of these projects are in the adopted five yearcapital Improvement Program. See the 1986-91 CIP for details. ** SOURCE: City of Carlsbad Sewer Master Plan, April 1985. -73- ------------------------------------------------------------------------ Sept. 28, 2021 Item #10 Page 109 of 171 C I T Y O F C A R L S B A D FUTURE PUBLIC FACILITIES LIST PROJECT DESCRIPTION FUND COST EST. (OOO's) ------------------------------------------------------------------------ CIRCULATION FWY INTERCHANGE FWY INTERCHANGE FWY INTERCHANGE *CANNON ROADCANNON ROAD BRIDGE CARLSBAD BLVD EL CAMINO REAL FARADAY JEFFERSON STR MISCELLANEOUS PALOMAR AIRPORT RD *PALOMAR AIRPORT RDPALOMAR AIRPORT RD*PALOMAR AIRPORT RDPALOMAR AIRPORT RDPOINSETTIATAMARACK*TAMARACK*TRAFFIC SIGNALSALGA ROADALGA ROAD*EL CAMINO REAL*EL CAMINO REAL*EL CAMINO REALEL CAMINO REALEL FUERTE STREET*LA COSTA AVENUELA COSTA AVENUELA COSTA AVENUE*LA COSTA AVENUE*LA COSTA AVENUEOLIVENHAIN ROADOLIVENHAIN ROADOLIVENHAIN ROADOLIVENHAIN ROADOLIVENHAIN ROADOLIVENHAIN ROADRANCHO SANTA FE RDRANCHO SANTA FE RD @ Poinsettia Lane @ Palomar Airport Rd @ La Costa Avenue I-5 to FaradayEast of ECR Median, Tamarack to Elm Medians Cannon to Koll Property I-5 to Marron Railroad bridge widening College to Paseo del Norte West of ECR, median half East of ECR, Airport Intersection with Carlsbad Blvd Railroad Bridge Widening I-5 to Carlsbad BlvdAdams to Highland61 IntersectionsE/B right, W/B right turn lanes a2 thru lanes W/0 ECR to E/0 AlicaN/B left turn lane at La CostaS/B thru lane N & s of La CostaS/B thru lane, Alga to La CostaS/B left turn lane at LevanteN & S/B left,N/B right lanes at AW/B right turn lane at I-5Upgrade signal at RSFIntersection at RSFE/B left turn lane at ECR2 thru lanes, I-5 to ECR4 lanes from Leucadia Blvd to ECRUpgrade signal at ECR2 thru lanes at ECRWiden to 4 lanes, ECR to RSF5 turn lanes at ECRRight turn lane at ECR2 turn lanes at Melrose3 turn lanes at c. Alvaro/Olivenh BTD II II PFF II TIF " " " II II *Part or all of these projects are in the adopted five yearCapital Improvement Program. See the 1986-91 CIP for details. -74- 5,740 5,870 6,261 3,128 378 1,140 1,500 2,750 1,500 1,000 3,000 2,000 378 450 3,000 900 1,875 175 4,860 58 771 29 146 578 29 87 29 125 58 29 1,929 3,500 63 146 90 73 29 58 87 $53,818 II II II II " " If If If If II II II II II II II II II Sept. 28, 2021 Item #10 Page 110 of 171 II II II II It It It " " SECTION VIII.GROWTH MANAGEMENT INFORMATION SYSTEM Concurrent with the creation of the Citywide Public Facilities and Improvements Plan and the overall Growth Management Program for the City of Carlsbad, an information system was also est ablished to handle the wide variety of data that would be generated. The Information System was designed to operate initially on a stand-alone basis using the City's personal computer facilities. However, in its ultimate configuration, it would be operated as an element of a parcel-level Geographical Information System, or Geobase, which is currently being designed by the City's Information Systems Department for impl ementation within a one to two year time frame. The relationship of the Growth Management Information System to the Geobase is described later in this section. Figure 19 provides a conceptual overview of the Growth Management Information System. A variety of data would be accepted as input into the system, such as Local Facility Management Plans acreage and population data, capital improvement information, and the ongoing status of development activity throughout the City. Whenever possible, these data would be supplied in computer-readible formats, however initially, it is likely that much of this information would have to be entered manually via the PC keyboard. The information supplied to the system would be used to generate long-term growth projections for the City and to estimate the amount and type of public facilities that will be needed to adequately support such �rowth. In addition, the system will also be used for a number of other purposes. For example, it will aid in analyzing each of the 25 Local Facility Man agement Plans for compliance with the Citywide Plan; will maintain data as to how specific facilities are scheduled to be phased ov er time; and will store details as to how the proposed funding mechanisms wo uld function within and between zones. Output would be made available in the form of rep orts, charts, graphs and random inquiries, as well as via maps for each of the eleven public facility categories addressed in the Citywide Facilities and Improvements Plan. Figure 20 depicts the geographical •entities• for which data will be maintained within the system. At the highest level, information will be maintained on a Citywide basis. At the next level, the City has been divided for planning purposes into four quadrants (Northwest, Northeast, Southwest and Southeast). Geographically, these quadrants are defined by the intersection of Palomar Airport Road and El Camino Real. In addition, a number of Special Districts exist to provide specific services to the area, and the Information System has -75- Sept. 28, 2021 Item #10 Page 111 of 171 been designed to store and maintain information discretely for those portions of the following Special Districts which lie within the City: Water: Sewer: Schools: Costa Real Municipal Water District Olivenhain Municipal Water District San Marcos County Water District Leucadia County Water District San Marcos County Water District Carlsbad Unified School District Encinitas Union Elementary School District San Dieguito Union High School District San Marcos Unified School District Information relative to the Special Districts was provided to each District at the time that the City's overall Growth Management Program and the Citywide Facilities and Improvements Plan was presented and explained. In the future, updates will be forwarded to the Districts on a regular basis so that long-range facilities planning for the entire City can occur using comparable data and assumptions. Additionally, several other entities have al so been defined within Car lsbad for which the same types of data will be maintained, including the following: Sewer Master Plan Areas Drainage Districts Coastal Zone At the lowest leve l of detail, the Growth Management Program has divided the City into 25 Local Facility Management Zones for which facilities and improvements plans will be prepared. These zones represent the lowest level of information that will be stored and maintained in the system. When the aforementioned Geobase becomes operational, detailed information will be available for each of the 19,000+ parcels that currently exist within the City. until that time, however, the finest level of geographical information that will be generated by the Growth Management Information System will be for the 25 individual local zones. A host of information will be made available via the City's Growth Management Information System. This information can be grouped into two broad categories: land use projections and -76-Sept. 28, 2021 Item #10 Page 112 of 171 public facility data. Land use projection data would include the following: --Acreage Gross Fully Constrained 25 - 401 Slopes Net Developable --Dwelling Units: Buildout --Population: --Indust./Coml.: Existing Approved Remaining Buildout Existing Based on Approved Units Based on Remaining Units Buildout Existing Approved Remaining The land use projection information listed above will be used to determine the type and amount of public facilities that would be required at buildout for each of the categories listed below: --Facilities: Sewer Water Drainage Circulation Fire Administrative Facilities Parks Library Schools Open Space The types of data that will eventually be available when Local Facility Management Plans are submitted and approved for each of the facilities within each of the geographical entities is as follows: --Information: Existing Capacity/Status Ultimate Demand Existing Demand Approved Demand Remaining Demand versus Capacity some of this information can be most effectively displayed using tables, charts, or graphs, while other portions of it would lend itself most effectively to display using maps. Pigure 21 -77- Sept. 28, 2021 Item #10 Page 113 of 171 provides a concep tual overview of how these data would be made available, and Figure 22 shows the specific formats or media types that would be suitable for dis playing the information tha� will be available via the system. In its ultimate configuration, the Growth Management Information System would operate as an element of a ce ntralized Geographical Information System, or Geob ase, see Figure 23. The Geobase would contain a file of informat ion keyed to individual parcels within the City. By combining these parcel files using different geographical configurations, the parcel-level information can be aggregated upward into Local Facility Man agement zones, Special Districts, quadr ants, or Citywide reports. This concept, which is shown in Figure 24, would represent no visible change to the end user, in that the data and reports would be essentially the same as those generated today via the Growth Man agement Information System. Withsa Geobase System, however, a much wider array of information will be available, and the level of detail will be at the most basic entity, namely individual parcels. This capability will, in turn, make possible a number of other applications, such as a Permit Tracking System, and will also provide an opportunity to in teract with other data bases or systems. -78-Sept. 28, 2021 Item #10 Page 114 of 171 ------·------·--·--·----- Zone Pllaalng Plan, Acrt111 and Population Data Periodic Reports Charta/Grapha ... � , . r � II ' 1M .... l"I . FIGURE 19SEPTEMBER 19, 1118e Capltal Improvement Data J Developmental ActMty Data /' \ ,. A1n1111 I � Molltarlng Report! ......----. ,� I lnquirtea GROWTH IANAGEIIENT INFORIIATION SYSTEII -79-City at Carlsbad / / ¥ Sept. 28, 2021 Item #10 Page 115 of 171 if I ' FIGURE 20 SEPTEMBER ie, 1986 City (1) Quadrants (4) Special Districts/Other (34) Management Zones (25) ENTITY LEVELS -s 0-City of Carlsba� Sept. 28, 2021 Item #10 Page 116 of 171 On-Demand Reports . Mapa_ Periodic Reports FIGURE 21SEPTEMBER 18, 1988 Charta/Qraphs . ,, " J , 1,,1 I .. ,,, 1-.. \ \\ \ Annual \ Qrowtll Monftortng Report t \� lnqulrtea DATA AVAILABILITY -81-City of Carlsball / ,, / / ¥ Sept. 28, 2021 Item #10 Page 117 of 171 SEPTEMBER 16, 1986 FIGURE 22 DATA AVAILABILITY Data Type LAND USE PROJECTIONS Acreage: Gross Fully Constrained 25-401 SlopesNet Developable Dwelling Units: Buildout Existing Approved Remaining Population: Buildout Existing Based on Appvd. Units Based on Remain. Units Indust./Coml. (sq. ft.): Buildout Existing Approved Remaining CITYWIDE FACILITIES City Admin. Facil. (sq ft): Tables X X X X X X X X X ,c X X X X X X Tables Buildout X Existing X Standard Reqd. Today X Standard Reqd. 5 Yrs. X status Today status in 5 Yrs. Library ( sq ft): Buildout Existing standard Reqd. Today Standard Reqd. 5 Yrs. Status Today Status in 5 Yrs. X X X X Available Formats Charts/ Graphs Maps X X X X X X X X X X X X X X X X Graphs X X X X X X X X X X X X -82- X X X X X Reoorts X X X X X X X X X X X X X X X X Reports X X X X X X X X X X X X Inauiry X X X X X X X X X X X X X X X X Inquiry X X X X X X X X City of Carlsbad - Sept. 28, 2021 Item #10 Page 118 of 171 .., wastewater Treat. Capacity: Buildout EDUs Existing Flows (EDU) Existing Capacity (EDU) Flows in 5 Yrs. (EDU) Status Today QUADRANT FACILITIES Parks (ac): Buildout Existing Standard Reqd. Today Standard Reqd. 5 Yrs. status Today Status in 5 Yrs. MANAGEMENT ZONE FACILITIES Drainage: Status Today Circulation 1 (Road Seg. or Intsctn.): Off-peak Service Level Peak Service Level Zones Involved Status Today Status in 5 Yrs. Fire: Stations at Buildout Existing Stations Status Today Status in 5 Yrs. Open Space (ac): Buildout Existing Status Today SPECIAL DISTRICT FACILITIES Schools: Schools at Buildout Existing Schools Status Today District OK? Tables Graphs Maps Reports X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 1 Available when Traffic Impact Pee Study is completed for entire January 1987. -83- Inauirv X X X X X X X X X X X X X X X X X X City - Sept. 28, 2021 Item #10 Page 119 of 171 Tables Graphs Maps Reports Inquirv sewer Collection System (Trunk Line Capacity-MGD): Buildout X X X X X Existing Flows X X X X X Existing Capacity X X X X X Status Today X X X X X District OK? X X X Water Distribution System ( Line Capacity) : Buildout X X X X X Existing Plows X X X X X Existing Capacity X X X X X Status Today X X X X X storage Cap. (days) X X X X X District OK? X X X -84- Sept. 28, 2021 Item #10 Page 120 of 171 Growth Management Information Syate111 o� .. GEOBASE Mapping System FIGURE 23 SEPTEMBER 18, 1988 Permit Tracking System Ir---. : ----,, l j�! . /i Inquiries Otller Syatema or Programa RELATIONSHIP TO PARCEL-LEVEL GEOBASE -85-City of Carlsbad J / Sept. 28, 2021 Item #10 Page 121 of 171 ◄ -----·-·------- --1--------··--------FIGURE 24 ----------SEPTEMBER 1e, 198e ·1 Cit-y I Quadrants Special Dlatrtcta/Other Management Zonea Centralized Geobase -86-City of Carlsbad Sept. 28, 2021 Item #10 Page 122 of 171 SECTION IX. APPLICABILITY TO GROWTH MANAGEMENT ORDINANCE (SECTION 21.90 OF THE CARLSBAD MUNICIPAL CODE) As stated in the overview, the Citywide Facilities and Improvements Plan implements a portion of the City's Growth Management �rdinance. For more detailed information regarding the purpose and intent of the Citywide Pacilities and Imp;ovements ?lan, exceptions to the plan and preparation and processing requirements for Local Facility Management Plans, Municipal Code Section 2190 should be referenced and reviewed. Any request for amendment to the Citywide Facilities and Improvements Plan shall be processed and considered in the same fashion as a request to amend the City's General Plan. The provisions of State Government Code Section 65358 regarding General Plan Amendments shall also apply to amendments to the Citywide Pacilities and Improvements Plan. If any Local Facility Management Plan proposes a deviation to the Citywide Plan, an amendment to the Citywide Plan must be considered first along with an analysis of how such amendment would impact the othe� twenty-four zones. -87- Sept. 28, 2021 Item #10 Page 123 of 171 --· --- APPENDIX I. Sept. 28, 2021 Item #10 Page 124 of 171 i :3 ii 41 Ii 5;; Ii Ii 6 1i 7 II 811 I' 91 101 11 11 12 131 I 14 11 15 1s 17 ii ,, 18 i' i! 19 !! Ii 2o ii 11 21/i Ii 22ii 23 1 24 '' 25 f ! 26 11 27 !1 ., 281( ,'1P['IINANCE NO. 9808 -----AN ORDINA!'JC!: OF Tf{E CITY COCNCIL OF T�E C:TY ::::'F CAFLSBAD, CALI�nP�IA AME�DI�G TITLE 21 OF T�E CAFLSBAD �UNICIPAL CODE RY Trf. ADrITICN Cf CHAPTEF 21. 90 ESTABLISHING A GRm-:n: M.ANAGE�1f��T PROGFAM FOF THE CITY The City Co uncil of the City of Carlsbad, Californi3 does ordain as follows: SECTION 1: That Title 21 is amended by the addition cf Chapter 21.90 to read as follows: Sections: 21.90.010 21.90.020 21.90.030 21.90.031 21.90.032 21.90.033 21.90.040 21.90.050 21.90.060 21.90.070 21.90.080 21.90.090 21.90.100 21.90.110 21.90.120 21.90.125 21.90.130 21.90.140 21.90.150 21.90.160 21.90.170 21.90.180 21.90.190 "Chapter 21.90 Growth Manaoe�ent Purnose and intent. Definitions. General prohibition, exceptions. Tolling of ti�e for consideration of applications submitted before the effective date of this chapter. Tolling of expiration of previously issued development permits. Extensions of ?rior approvals prohibited. Comoliance with this chapter reauired. Establishment of local facilities manage�ent fee. Special provisions for buildinq permits issued during te�porary moratorium. Finding of he alth, safety and welfare necessary for the fees imposed by sections 21.90.050 and 21.90.060. Perfor�ance standard. Citywide facilities and improvements plan. Local facilities �anagement zones. Contents of lo cal facility management plans. Facilities management olan �reoartion. Facilities manaaement plan orocessina. Implementation of facilities and improvements reauirements. Obligation to pay fees or install improvements reauired by any other law. Implementing guidelines. Exclusions. Council actions, fees, notice. Exp iration of chapter. Severability. 1. Sept. 28, 2021 Item #10 Page 125 of 171 I' J VINCENT F. BIONDO, JR. CITY ATTORNEY· CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 I\) .... 1: I 2 ai !: ii 9i I 101. 11/I 12il 13!1 ii 1411 :1 1511 I ., ! 16 :i '1 I, 17 ij 'I 18i! ' 19 ii 20 Ii 11 2111 Ii 221· 23 1 I 24 ii 25' 11 26 ii 27 Ii ,I I' 2a 1: I ,, 21.90.010 Puroose and intent. (a) It is the policy of the City of Carlsbac t::::: (1) Pr ovide cuality ho usina oooort�nities �a� 2 __ economic sectors of the co��unity; (2) Provide a balanced co��unitv wit� acec�ate commercial, industrial, recreational and open space areas to support the residential areas of the City; (3) Ensure that public facilities and meeting City st andards are available concurrent wit� created by new development; il""prove!1"ents1 the neec I I (4) Balance the ho usinq needs of the reaion against the public service needs of Carlsbad residents and available fiscal and environmental resources; (5) Encourage infill develop�ent in urbanized I ' areas before allowina extensions of public facilities and improvements to areas which have yet to be urbanized; J (6) Ensure that all development is consistent with the Carlsbad qeneral plan; (7) Prevent growth unless adeauate public facilities and imorovements are provided in a phased and logical fashion as reauired by the general plan; (8) Control of the timing and location of development by tyinq the pace of development to the pr ovision of oublic facilities and improvements at the times established by the citywide facilities and improvements plan. (b) The City Council of the City of Carlsbad has det ermined despite. previous City Council actions including but not limited to, arnendT"ents to the land use, ho using, and parks and recreation elements of the general plan, amendments to City Council Policy No. 17, adoption of tra ffic imoact fe es, and modification of park dedication and improvement reauirements, that the demand for facilities and improvements has outpaced the supply resulting in short ages in public facilities and improvements, including but not limited to streets, parks, open space, schools, libraries, drainage faGilit ies and general governmental facilities. The City Council has further determine that these shortages are detrimental to the public health, safet and welfare of the citizens of Carlsbad. (c) This chapter is adopted to ensure the implementation of the policies stated in subsection (a), to eliminate the shortages id entified in subsect ion (b), to ensure that no development occurs without providing for adeauate facilities and improvements, to regulate the pace of development thereby ensuring a continued supply of ho using over a period of years and to continue the auality of li fe for all economic sectors of the Carlsbad community. (d) This chapter will further the policies, goals and objectives established herein by reauirina ident ification of all public facilities and improvements required for development, by prohibiting development until adequate pr ovisions for the public facilities and improvements are ma de by developers of pr ojects within the City, and by giving development priority to areas of the City where public facilities and improvements are already in place (infill areas). 2. Sept. 28, 2021 Item #10 Page 126 of 171VINCENT F BIONDO, JR CITY A TTORNEV · CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 -..J m U1 ~ ~ ------·---·---·----'-=~-------------·------ li 2, I 3i 4 ,, 51: Ii 6 ii 71; Ii :1 8,i Ii 911 ii 1011 1111 !I 12.11 1311 !I 14 I 15 171 19 1! 20 Ii 'I 21 i/ ii 22 ji 23 1 2411 25 Ii 26 Ii I, 27 ii 1! 28 ii /1 11 :I (e) This chapter rep laces the te�corarv �orator����­processing and approval of develop!Tlent projects ·imposed :-v :�:'-· Council Or�inance No. 9791. 21.90.020 Definitions. (a) Whenever the following terms are used in this chapter they shall have the meaning established by this sectior. unless from the context it is apparent that anot her meanina is intended: (1) "Citywide facilities and impr ovements clan" means a plan prepared and approved according to Section 2i.90.090 identi fying those facilities and improvements required on a citywide basis to serve the projected population of the City as established by the ge neral plan and providing an outline and budget for financing certain facilities and impr ovements which will be provided by the City. ( 2) "Development permit" means any permit, entitlement or approval whether di scretionary or ministerial issued under Title 20 or 21 of this code and any legislative actions such as zone chanqes, qeneral plan amendments, or master plan approval or amendment. (3) "Development" means any use to which land is put, building or other al teration of la nd and construction incident thereto. (4) "Facilities" means any sc hools, parks, open space, or recreational areas or structures providing for fire, library, or govern�ental services, identified in a facilities management plan. (5) "Improvement" includes tra ffic controls, streets and highwaysi in cluding curbs, gutters, and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities and lighting facilities. (6) "Local facilities management plan" means a facilities management plan de fined by Section 21.90.120 for a local facilities management zone which is established according to.Section 21.90.100. 21.90.030 General rohibition, exce tions. a Unless exempted by the provisions of this chapter no application for any building permit or de velopment permit shall be accepted, processed or ap proved un til a ci tywide facilities and improvements plan has been adopted and a local facilities management plan for the ap plicable local facilities management zone has been submitted and approved according to thi chapter. (b) No zone change, general plan amendment, master pla amendment or speci fic plan amendment which would incease the residential density or development intensity established by the general plan in ef fect on the effective date of this chapter shall be approved unless an amendment to the ci tywide facilities management plan and the applicable local facilities management plan has first been ap proved. 3. I I . '-Sept. 28, 2021 Item #10 Page 127 of 171~ 0 0 VINCENT F. BIONDO, JR. CITY A HORNEY -CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 1--J 1--J a, °' --··-·-·--·----------·-------------------------------------- 11 ii li l •I ,, ;, !: I 2 ii I 3 ,! 411 11 11 5 :1 !I II :1 :1 8ii 9 Ii 1011 11 II 12il 11 13!j 11 14 15 16 I 171' .I 1s 1: 191i 20/i 21 Ii Ii 22 i' I (c) The classes of projects or pern,its listed i:: ':'"'.:s subsection shall be exemot from the provisions of subsectior. .a· Development permits and building permits for these pro�ects shall be subject to any fees established pursuant to the citvw:•� facilities and improve�ent pla n and any applicable local facilities ma nagement plan. (1) Redevelopment projects. (2) Projects consisting of the construction or alteration of a sing le dwelling structure for a family on a lot owned by the family intending to occupy the structure, or not to exceed one nonowner-occuoied ho use per individual for one or more lots owned prior to July 20, 1986. (3) Building permits and final maps for oro1ects identified in Section 2(F) of Ordinance No. 9791 (projects· fer which construction had commenced and were desionated on the �ao marked Exhibit A to Ordinance No. 9791 "as developinq"). (4) Building permits for projects for which all required development permits were issued or ap proved on or before January 21, 1986. If all reauired develop ment permits were issued for a portion of the project only, the exemption shall apply to that portion. (5) Building permits for projects for which all required development permits were issued or approved before July 20, 1986 and for which building permits could .have been issued under Ordinance No. 9791. If all required development permits were issued for a portion of the project only, the exemption shall ap ply to that portion. (6) Co�mercial and industrial projects with approved develop�ent permits or with a complete application on file with the City prior to June 11, 1986 for such permits. N�w permits for commercial and industrial projects located within an area that has been previously approved for such uses ma y also be processed and approved. · (7) Projects by nonprofit entities for structures and uses for youth recreational, educational or guid ance progra�s such as boys and girls clubs or private sc hools. (8} Zone changes or general plan amendments necessary to accomplish consistency between the general plan and zoning, to implement the provisions of the Lo cal Coastal Plan or which the City Council finds will not increase the public facilities or services and which are initiated by the City Council or Planning Commission. (9) Public utility facilities and improvement projects without accommodations for permanent employees are exempt from the provisions of this chapter un less the City Council determines they are of sufficient size and scale to impact public facilities. (10) Adjustment plats. (11) Development permits for minor subdivisions located in the northwest auadrant of the City as defined in Ordinance No. 9791. Building permits for commercial or industrial construction on lots in such subdivisions may be ap proved. Residential building permits will not be approved for lots in such subdivisions unless otherwise exempt un der this 4. Sept. 28, 2021 Item #10 Page 128 of 171 23 24 2s I 26 27 28 ,! I II 1, 11 4i 5 6 7 81 9 I! i lOil 11 12 13 1 14i! !I 15 ll 16 ii 1: 17 i! 1s I/ . 1, 19 !! 11 2011 21 22 23 1 241 25 ii 2611 21 I: ,I 1' 2811 !1 chapter except one permit for a nono wner-occupied lot r,,ay je approved for eac h such subdivision. (d) The provisions of this subsection ap ply to fina� .maps and other de veloprr,ent permits fo r projects wi th a tentative map ap proved before July 20, 1986 which are not included in the exemptions listed in subsection (c). ( 1) ·rf a tentative map or tentative par-eel !T'lap wasi approved on or before Jan uary 21, 1986 then, after ap proval of the citywide facilities plan, a final ma p or parcel map !T'lay be processed and approved before the adoption of a local facility management plan. The expiration period for those tentative maps shall be to lled until the citywide plan is ad opted. The expiration of an y development permits issued in conjunction with those maps shall be to lled until the ap plicable local facilities management plan is approved or, two ye ars after the da te the citywide plan is approved, whichever occurs first. (2) If a tentative map or tentative parcel map wa approved after January 21, 1986 and before July 20, 1986, but th approv:� of final map or parcel ma p was prohibited by Ordinance No. 9791 then approval of final maps an d parcel maps is prohibited until after preparation of the ap plicable local facilities management plan. The expiration period of those tentative ma?s and tentative parcel maps, and an y other development permits issued in conjunction with the maps shall be tolled until the local facilities management plan is ap proved, or two ye ars after da te the citywide facilities and improvements plan is approved, whichever occurs first. (e) The exemption for projects listed in subsection (c (3), (4), (5), and (6) shall expire on July 20, 1988. After tha� date al l de velopment permits fo r those projects shall be fully I subject to the provisions of this chapter. The exemptions for I projects listed in subsection (c) (3), (4), (5), and (6) ·s hall apply only so long as the facilities and improvements required a a condition to the issuance of final development permits have been installed or are being installed pursuant to a secured agreement. Any breach of such secured improvement ag reement shall subject an y remaining building permits. for the project to the provisions of subsection (a). (f) Final or parcel maps for projects li sted in subsection (c) (3), (4), (5), (6) and (7) which comply with al l the requirements of the Subdivision Map Act and Title 20 of this Code which were filed with the City before July 20, 1986 rr,ay be approved by the City Council, or City Engineer as appropriate, after July 20, 1986. Upon approval, tho•e projects shall be subject to the exemption of subsection (c). (g) The City Co uncil may authorize the processing of and decision making on building permits an d development permits for a project with a master plan approved before July 20, 1986 subject to the follo wing restrictions: (1) The City Council finds that the facilities an improvements required by the master plan are sufficient to meet the needs created by the project and that the master plan developer has agreed to install those facilities and improvement to the satisfaction of the City Co uncil. s. ,... Sept. 28, 2021 Item #10 Page 129 of 171-----------··---n VINCENT F BIONDO, JR. CITY ATTORNEY· CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008 II\ (JI I\) ..... -----------·-----------·--·------· --m Ill 4 5i sl 1[1 ;j 81 r, Ji 91 10! 11/I I 12i 131 14:1 1sll I .16 I 17 ii i 1s1; 19 I: /1 20!/ !/ ;;nl' ,I 11 22 n 2�11 241 I 25 ji 26' .271; ,! 28 !i 11 (2) The master plan de veloper shall acree i� writing that all facilities and improvement reouirements, including but not limited to the payment of fees established :v the citywide facilities and manaoement plan and the ap 9li�able local facilities management plan shal l be applicab le to development within the master plan area and that the master ola� developer shall comply with those plans. (3) The master plan estab lishes an ed ucational park and al l uses within the park comprise an intecral oart of the educational facility. · · (4) Building permits for the 129 unit residential portion of Phase I of the project may be ap proved provided the applicant has provided written evidence that an educational entity will occupy Phase I of the project which the City Council I finds is satisfactory and consistent with the goals and intent ofj the ap proved master plan. { 5) Prior to the approval of the final map for Phase I the master plan developer shall have agreed to participate in the restoration of a significant la goon and wetland resource area and made any dedications of property necessary to accomplish the restoration. (h) After making the findings in paragraph 1 the City Council may au thorize the processing of and decision making on master plans subject to the reauirements of paragraph 2. After the grant of the easement required by subparagraph (h)(iv) the tentative map for Phase I of the project, the site plan for the com mercial development and the local coastal plan amendment may also be processed and approved. If such approvals a.re granted and, subject to all other provisions of this code, grading and building permits for construction of the golf course and first phase of the commercial portions of the project may be pr ocessed and app roved. The processing and approval of all ot her de velopments � and building permits within the master plan shall not occur un ti after the citywide facilities plan and the local fa cilities management plan have been adopted by the City Council. (l)(i) That the master plan will pr ovide all necessary public facilities for the project and will cure any facilities deficits in the area affected by the project. (ii) That the approval will not prejµdice the preparation of the citywide facilities plan and will improve the level of public facilities and services in the area. (iii) That by the dedication of land and the construction of public improvements the project will make a significant contribution to the public facilities needs of the city and provide for the preservation or enhancement of si9nificant environmental resources. I (2)(i) The master plan shall include all of the information required by and implementing the provisions of Sections 21.90.090 and 21.90.110 for the area covered by the master plan. (ii) The applicant shall agree in writing that facilities and im provement requirements, including but not limited to the payment of fees estab lished by the citywide al� 6. Sept. 28, 2021 Item #10 Page 130 of 171VINCENT F BIONDO, JR_ CITY A HORNEY CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 ~ I\) .... ___ _..;:===:·-·--··--···-··•·- !! I' iii I' 2 ii it 3 ': 411 II ii 5 ii 6 ![ 'I 1 fi 8:! 9 :1 ii 10!1 I 111 12/ I 13! 1, j, 20 II ii 21 !! ,, 22 '! 2311 241 11 25' !I 26 ii 271: ·! 28 !j I' I facilities and improvement clan and the ap plicable local facilities manaqement plan shall be applicable to develop�e�: within the master plan area and that the master plan develc�e� shall coroply with those requirements. (iii) The master plan aoplicant shal l acree to participate in the restoration of a significant lagoon- and wetland resource area. (iv) Prior to any processing on the �aster plan the applicant shall grant an easement over the prooerty necessary for the lagoon restoration and the right-of-way necessary for the widening of La Costa Avenue and its intersection with El Camino Real. 21.90.031 Tollina of time for consideration of applications submitted before the effective date of this chapter. After approval of the city wide facilities and improvement plan and the applicable local facilities manaoement plan applications for development permits which were accepted as complete before the ef fective date of this chapter shall have processing priority in relationship to the acceptance da te. Until the approval of the plans all a�plicable time limits for processing the development permits shall be tolled. 21.90.032 Tollina of expiration of oreviously issued development permits. If a discretionary development permit, ot�er than a development permit issued in conjunction with a subdivision map, issued prior to July 20, 1986 has an expiration period within which building permits n,ust be issued and the issuance of building permits for the project is prohibited by this chapter then the expiration period shall be tolled un til the applicable local fac i 1 it ies management plan is approved, or two years after the date the citywide plan is approved, whichever occurs first. 21.90.033 Exten�ions of erior approvals erohibited. After approval of an applicable local facilities management plan an extension of the expiration date of any development permit shal 1 not be gr anted unless the ex tens ion is found to be consistent with the plan. The de cision making body considering an extension may condition the extension upon compliance with the citywide plan and applicable local facilities management plan. 21.90.040 Com liance with this cha ter. (a No development permit shall be ap proved unless the approving authority finds that the permit is consistent wi th the citywide facilities and improvements plan and the applicable local facilities management plan. To ensure consistency the approving authority way impose any condition to the approval necessary to implement the plans. {b) No building permit shall be issued unless the fees required by this chapter, and any applicable local facilities management plan fees are first paid, and the permit is consisten 7. Sept. 28, 2021 Item #10 Page 131 of 1710 " VINCENT F UIONOO, JR. CITY A HORNEY · CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 ...., ...., f--J ...., f--J f--J \0 ()) -.J O'I U1 ~ -·_-.~~----~· 1/ i' l! I ,I 2 :i 5 i! 11 Ii 6 :: 'i 1 [: II 8i: !i 9 ii 11 lOil nj! 1211 13!1 I: 141: 'i 15 ii I 16 ii 17 ii I. 18 i: I' i 19: 20 I! II 21 !i i, 22 !i 23 1 i I .I with the applicable local facilities management plan. As a condition to the issuance of any building permit pursuant to Section 2L.90.030(c) the app licant shall aqree to pay the appropriate fees within 30 days of the date eac h fee is established. (c) The requirements of this chapter are im posed as a condition of zoning on the property to ensure implementation cf and consistency with the ge neral plan and to protect the public health, safety and welfare by ensuring that public facilities an� improvements will be installed to serve new development prior tc or concurrently with need. 21.90.050 Establishment of local facilities manaae�e�t fee. (a) A local facilities management fee is hereby I established to pay for improvements or facilities identified in � local facilities management plan which are related to new development within the zone and are not ot herwise financed by an other fee, charge or tax on development, or are not ins talled by a developer as a condition of a building permit or de velopment permit. ·The fee may al so be used to pay for that port ion of the facilities or improvements id entified in the citywide facilities and improvements plan attributed to development wi thin the local zone which are not financed by other means. The facilities management fee shall be paid before the issuance of a building permit. The amount of the fee shall be determined based upon th estimated cost of the facility or improvement designated as necessary to accommodate additional development within the applicable local facilities management zone plus the estimated cost of facilities and improvements id entified in the citywide facilities and improvement plan attributable to the local zone. The fee shall be fairly apportioned among the new development. (b) The fee required by this section is in ad dition to any other means of financing facilities or im provements identified by a local facilities management plan or any ot her tax� fee, charge or improvement requirement which may be im posed on·the development of property un der the pr ovisions of state law this code or City Council policy. (c) The amount of the fee for a local facilities management zone shall be set by City Council resolution after a public hearing, pu blished notice of which shall be given according to Carlsbad Municipal Code Section 21.54.060(2) and Government Code Section 54992. (d) As a condition of any building or development permit ap plication submitted after the ef fective date of this chapter the applicant shall agree to pay the fee established by this section at the time a building permit is issued. (e) The fee established by this section shall be le vie at the time of issuance of a buil ding permit. 21.90.060 Special provisions for building permits issued during temporary moratorium. (a) Applicants for projects for whic h building permits were issued after January 21, 1986 and be fore July 20, 1986 shal 8. Sept. 28, 2021 Item #10 Page 132 of 171l\) l\) l\) l\) l\) O> ..;z .0\ (JI ~ VINCENT F. BIONDO, JR CITY ATTORNEY · CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 m ~ (,I C < a, I rJ) ... �� a, . u w < 0 .... � z io�� o>>o � = < '= u � ;;;_ u.. .... u ,-. > w z w gc w�..,.< � 0 -ffi -... ... > ... � < < > u ... u " I' ii I' 11! 2j 3 :i 411 !1 " 5 :i II 6 !! 711 ti Sil ii 911 10 11 11/I Ji 12·1 13 11 I 1411 15 !i !, 16 ii 1: 11 I 18 !: 19 1; L 2011 rj 21 i; ii 22 ii 23 1 241 2s l1 1: 261! 27 i! 28 i1 I I /1 pay the fee established by Section 21.90.050 within 30 davs a��e� the amount of the fee is de termined by the City Council. -?av'."e'"'.: shall be made accordina to the agreement executed bv the -applicant -pursuant to Section 3 of Ordinance No. 9791. 21.90.070 Finding of health, safetv and welfare necessary for the fees imposed bv Sections 21.90.050 and 21.90.060. (a) The City Council hereby de clares that pa yment of the fee established and imp osed by Sections 21.90.050 and 21.90.060 and installation of the facilities and improvements identified in a facilities management plan are necessary to achieve the policies established in Section 21.90.010 and to implement the City's general plan. If the fees are not paid or the facilities or improvernents are not ins talled the public health, safety and welfare will su ffer because there will be insufficient facilities and im provements to accommodate any new development. This finding is based upon City Council Policy No. 17, City Council Ordinance No. 9791, and the evidence pr esented at the public hearings on the or dinance adopting this chapter. (b) If any condition imposed as a conditon of a development permit or building permit pursuant to this chap ter i protested then the permit shall be suspended du ring the period o the protest. (c) This section is adopted pursuant to Government Cod Section 65913.5 • 21.90.080 Performance standard. The City Council shall adopt general performance standards for each facility or improvement li sted in Section 21.90.090(b) or 21.90.llO(c). Specific performance standards fod citywide facilities shall be adopted as part of the ci tywide facilities and im provement plan. Specific performance standards [ for each zone shall be adopted as part of the local facilities management plan. If at any time after preparation of a local facilities management plan the performance standards es tabl i_shed by a plan are not met then no de velopment permits or bu ilding permits shall be issued within the local zone un til the performance standard is met or arrangements satisfactory to the City Council guaranteeing the facilities and improvements have been made. 21.90.090 Cit wide facilities and im rovements lan. a To implement the City s general plan by securing provision of facilities and improvements, and to ensure that development does not occur unless facilities and improvements ar available the City Council shall adop t by resolution a citywide facilities and improvements plan. The plan shall: Identify al l facilities and improvements necessary to accommodate the la nd uses specified in the general plan and by the zoning; specify size, capacity and service level performance standards for the identified facilities and improvements; establish specific time tables for acauisition, installation and op eration of the facilities and improvements correlated to projected population 9. l / Sept. 28, 2021 Item #10 Page 133 of 171 V p p I ·I ' 3: 4!1 51[ 611 711 8!1 II 911 I 10! 11 II 12 13 !1 l4li 15 ii .I 16 ii !I 1711 l8Ji 11 19 !l 11 20 Ii 21 !i I) 22! 23 24 25 !i 2611 27 ii ;1 28 r I !I II ,I growth, facility and improvement performance standa rds, ar.c projected nonresidential de velopment; identify th e financinc method or _methods for each facility and improvement; and establish a facility and improvement budaet fo r those facilities or improvements which will be con structed or fina�ced by the City. The plan shal 1 encourage inf il 1 deve loprnent and reduce t�.e· growth inducing impact of premature extension of facilities or improvements to un developed areas by estab lishing priorities fo� facility and improvement in stallation or financina. (b) The citywide facilities and im provement plan shall show how and when the fo llowing facilities and im provements will be installed or financed as specified in sub section (c). (1) Major sewage transmission sy stems and se wage treatment plants; (2) Major water transmission li nes; (3) Major area wide draina9e facilities; (4) Prime and Major arterials: freeway interchanges, bridges or overcrossings; (5) Fire facilities; ( C} with regard ( b} : (6) Governmental administration facilities; (7) Parks and other recreational facilities; ( 8} Libraries. The plan shall include the fo llowing information to eac h facility and improvement li sted in subsectio (1) An inventory of present and future requirements for eac h facility and improvement based upon the performance standard es tablished for eac h facility and improvement. Cost estimates shall be included. The inventory shall be consistent with the general plan and zoning fo r the area. ( 2) A phasing sc hedule establishing the timing fo installation or provisions of facilities or improvements in relationship to the amount of development activity (e.g. number of dwelling units, numb er of sauare feet of commercial space within the service area of the facility or improvement) and the facility and improvement performance standards. (3) A financing plan estab lishing va rious me thods of funding the facilities and improvements id entified in the plan. The plan shall identify those facilities and improvements which would otherwise be provided as a requirement of processing a development proj ect (i.e. reauirernents imposed as a condition of a development permit} or provided by the de veloper in or der t establish consistency with the general pl an or Titles 18, 20 or 21 of this Code, and those facilities and improvements for which new funding methods which shall be su fficient to ensure sufficient funds are available to co nstruct or provide facilitie or improvements when required by the phasing sc hedule. (d} The City Manager shall prepare and present the pla to the City Council not later than one year from the ef fective date of this or dinance. 10. Sept. 28, 2021 Item #10 Page 134 of 171VINCENT F BIONDO, JR CITY ATTORNEY· CITY Of CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 ---------~..£---m a ------------''-" __________ ....r,L _________ _ l\) ...... 1i :I I 11 I, l:i I 7 81] 911 1011 11 12 13 I 1411 . , 15 !i 16 ii !I 17 II ,, I 19 11 2o!i II 21 :i " II 22j 23 24 ii 25 !i 2s lJ 2711 28 (e) Amendments to this citywide facilities anc improvements plan shall be initiated by action of the Planni�= Commissio� or City Council. 21.90.100 Local facilities manaaement zon�s. (a) The City Council shall di vide the City into facilities managemeht zones. (b) The boundaries of the zones shall be estab li shed based upon logical facilities and improvements plannina, construction and service relationships to ensure the economicall� efficient and timely installation of· required facilities and improvements. In establishing zone boundaries the City Council shall also be guided by the following considerations: (1) Service areas or dr ainage basins: ( 2) Extent to which facilities or improvements are1 in place or available: plan areas: (3) Ownership of property: (4} Boundaries of existing zoning master plans: (5} Boundaries of pending zoning master plans: (6) Boundaries of potential future zoning master (7) Boundaries of approved tentative maps: (8) Public facilities relationships, especially the relationship to the City's planned major circulation network; (9) Special district service territories: (10) Approved fire, dr�inage, sewer, or other facilities or improvement ma ster plans • (c) The zones shall be established by resolution after a public hearing notice of which is given pursuant to Section 21.54.060(2) of this code. 21.90.110 Contents of local facility management olans. (a) A local facilities management plan shall be prepared for each facility zone and shall cover the entire zone. (b) The plan shall consist of maps, graphs, tables, an narrative text and shall be based upon the general plan and zoning applicable within the local zone at the time of plan approval. The local facilities management plan shall be consistent with the citywide facilities and improvements plan an shall implement the citywide facilities and improvements plan within the zone. (c) The facilities management plan shall show how and when the following facilities and improvements necessary to accommodate development within the zone will be installed or financed as specified in su bsection (d). (1) Sewer systems (2) Water (3} Drainage (4) Circulation (5) Fire facilities (6) Schools (7) Parks and other recreational facilities (8} Open space 11. Sept. 28, 2021 Item #10 Page 135 of 171VINCENT F. BIONDO, JR. CITY ATTORNEY -CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 -~ O> 0\ 01 ~ vi I\) ---~---~---~---~------ ,I '! ., 2 ii [ 3' 4 51 6 11 /' 7, 8, I 91 10IJ 11 12 13 14:i I, ii 1s !I 16 ii 17 Ii 11. I' 18 'i 19 Ii ii 20 I! 11 2� ii 22 231 24 ii 25 :i )1 26 :I 11 27 lj 1! 28 ii I! ,, (d) The plan shall be con sistent with and implement t�e citywide tac i 1 it ies management plan and general pl an and sha:.·:. include the following information with reg ard to each facility and improvement li sted in subsection (c): (1) An inventory of present and future reauirements for each facility an d improvement based upon the performance standard estab lished for each facility. Because improvement reauirements for certain facilities and improvements may overlap zone boundaries a discussion of the need for coordination and a proposed coordination plan for facilities extending from one zone to anot her shall be in cluded. Cost estimates shall be included. It must be shown that development in the zone will not reduce the facilities or improve�ents capabilities or create facilities or improvements shortages in other zones or reduce service cap ability in any zone below the performance standard which is established pursuant to Section 21.90.080. The growth inducing impact of the ou t of zone improvements shall be assessed. (2) A phasing sc hedule estab li shing the timing for installation or provisions of facilities or improvements in relationship to the amount of development activity (e.g. number of dwelling units, number of square feet of commercial space, etc.} for the facilities management zone. The phasing sc hedule shall ensure that development of one area of the zone will not utilize more than 'the area's prorata share of facility or improvement capacity within that zone un less su fficient capacity is ensured for other areas of the zone at the time of the first development. The phasing sc hedule shall include a sc hedule of development within the zone and a market data and cash flow analysis for financing of facilities and improvements for the zone. The phasing sc hedule shall identify periods where the demand for facilities and improvements may exceed the capacity and provide a plan for eliminating the shortfall. In those situations when demand exceeds capacity and it is not feasible t increase the capacity prior to development, no development shall occur unless a time sc hedule for and a means of increasing the capacity is established in the plan. (3) A financing plan establishing va rious methods of funding the facilities and improvements id entified in the pla fairly allocating the cost to the va rious properties within the zone. The plan shall identify those facilities and irnprovements which would otherwise be provided as a requirement of processing a development project (i.e. requirements imposed as a condition of a development permit} or provided by the developer in order t establish consistency with the general plan or Titles 18, 20 or 21 of this Code, and those facilities and improvements fo r which new funding methods which shall be su fficient to ensure sufficient funds are available to con struct or provide facilities or improvements when required by the phasing sc hedule Where facilities or improvements are reauired for more than one zone, the phasing plan shall identify those ot her zones and the plan for eac h zone shall be coordinated. Coordination, ho wever, shall not require identical funding methods. 12. Sept. 28, 2021 Item #10 Page 136 of 171VINCENT F BIONDO, JR CITY ATTORNEY· CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 JJ ------·--- 'I '1 l'i 6 7 ,, 8 1! i1 9 1; I' 1011 11 1111 12.11 13 !/ ' 14:1 11 I 15 ii !I 16 ,i 17 :1 I: ,: 18; 19 i1 20 II '! 21 li ii 22 I' 231 24 1 11 25 Ii 26 ii . I 27 i! i i' 281: 1: II II (4) A list or sc hedule of facilities recui�e�e�t 3 correlated to individual development projects wi thin the zone. (�) The local facilities management plan shall establish the proportionate share of the cost of facilities a�c imp rovements identified in the citywide facilities and improvement plan attributable to de velopment of property on the local facilities management zone. 21.90.120 Local facilities manaoement olan preparation. (a) A local facilities management plan may be preparec by the City or by the property owners wi thin the zone ac cordinc to the procedures established by this section. (b) The City Council, upon its own initiative, may by resolution direct the City Manager to prepare a facilities management plan for any zone. The City Co uncil may assess the cost of preparing the plan to the owners within the zone after a hearing ten da ys written notice of which is given to the prop erty owners within the zone. The cost shall be sp read prorata according to acreage and development potential. ·(c) All owners within the zone may jointly submit a facilities management plan. (d) For zones in which joint submission of a facilitie management plan is shown to be not feasib le any owner or group o cooperating owners within the zone may petition the City Council to allow the owner or group of owners to prepare the plan. Afte a meeting for which ten days prior written notice has been gi ven to the property owners within the zone, the City Council may permit the owner or group of owners to prepare and submit the plan. A limit based on the es timated cost of the plan shall be I determined at the time of the hearing. The actual cost shall be/ determined when the plan is adopted and shall be assessed prorata based on acreage and development potential to property within th facilities management zone. The assessment shall be collected b. the City at the time any ap plication for a development project within the zone is submitted. The owner or owners who prepared the plan shall be reimbursed for the cost of the plan less the owner's or owners' prorata share. No reimbursement shall be mad unless the plan is ap proved. Cost of preparation shall not include interest. (e) As an op tion to preparation by the owner or gr oup of owners as provided in subsection (d) the City Council may decide to di rect the City Manager to prep are the facilities management plan. The cost of prep aration shall be advanced to the City by the requesting owner or owners, assessed to al l the owners and reimbursed as provided in su bsection (d). 21.90.125 Facilities mana ement rocessin • a Fac1l1t1es management plans be reviewed according to the following procedure: (1) A completed facilities management plan complying with this chapter, and accompanied by a processing fee in an amount established by City Council resolutio n, may be submitted to the Planning Director for processing. If the 13. Sept. 28, 2021 Item #10 Page 137 of 171 3, 4 5, q plan p shall Q C CII '° <fl � ..I !; � "' • U WC 0 I.I.::> z � 0 � a: 0 )o > 0 a=<� u ::E � I.I. ' ..I t.J � > w z w gc w�,..< c.:> 0 -CII � I: � > a: < < )o u ... u ,I ii l:! ,1 " !j 2il 3: 4 1/ I 5 :I :, 6 1! ,. 71 al, 9 ii ' 10!1 11 I 121 13 11 14li :! 15 II ,I )! 16 ii Ii 17 1! 18 19 1: 201: " 'I 21 ii ii 22:: ii 231' .I 2411 25 I· ,I 1! 26 'j I! 27 !: :I 28 ij ,l Planning Director determines that the plan co�olies with t�e provisions of Section 21.90.110 the di rector shall set a facilitiea management plan for public hearing before the Planni�= Commission within si xty da ys of receipt of a complete application. (2) The hearing shall be noticed according to t:-e , provisions of Section 21.54.060(2). A staff rep ort containinc recommendation on the plan shall be prepared and furnished to· t:-.e public, the applicant, and the Planning Commission prior to the hearing. (3) The Planning Commission shall hear and consider the application for a· facilities manage�ent plan and shall by resolution prepare recommendations and findings for the City Council. The action of the Commission shall be filed with the City Clerk, and a copy shall be mailed to the owners within the facility zone. (4) When the Planning Commission ac tion is filed with the City Clerk, the Clerk shall set the matter for public hearing before the City Council. The hearing shall be noticed according to the provisions of Section 21.54.060(2). (5) The City Council shall hear the matter, and after considering the findings and recommendations of the Planning Commission, may approve, conditionally ap prove or deny facilities management plan. The City Council may include in the resolution adopting the facilities management plan any fees or facilities improvement requirements which it deems necessary to impose on development projects within the zone in order to implement the city.wide facilities and improvement plan and the local facilities management plan. (b) A facilities management plan may be amended following the same procedures for the original adoption. I (c) A local facilities management plan shall be �· considered a project for the purposes of Title 19 of this Code. Envi ronmenta·l documents should be processed concurrently with th plan. 21.90.130 Im lementation of facilities and imorove�ent reauirements. (a) To ensure that the provisions of this chapter and the general plan are met the following shall ap ply: (1) Except as otherwise provided in this chapter n development permit shall be approved unless the map or permit is consistent with the local facilities management plan and unless provision for all facilities and improvements related to the development project are provided or funded. (2) No building permit shall be issued unless all applicable fees, including but not li mited to, public facilities fees, bridge and thoroughfare fees, traffic impact fees, facilities management fees, sc hool fees, park-in-lieu fees, sewe fees, water fees, or ot her de velopment fees identified in the citywide facilities and improvements plan and local facilities management plan and adopted by the City Council have first been paid or provision for their payment has been made to the satisfaction of the City Council. 14. Sept. 28, 2021 Item #10 Page 138 of 171 a r: 0 < a:i = VJ 8 �� "' � - u w < 0 u. ::, z � 0 ! a: 0 >-> 0 a:j!:<!:: . u � � u. . ..J u ... >-w -z w go w � "' < u O -a:i � t: � > a: < < >-u ... u 1 I 21 3 :i 41i 1! ii 5 6 7 1 8'' ,, ii 9i I lOi 11 11 II 1211 13 !I •I 14jj 1511 16 :j I, 1: 17 jl ,, 18 i1 . 1! 19 !I 20 !i !I 1' 21 ·1 I, 22 ii 2311 24 'I 25 26 27 28 ii 11 Ii (b} The citywide facilities and improvement clan a�� the local facility management plan pr ocess is part of �he Ci:v's ongoing planning ef fort. It is anticipated that amend�ents to the plans may be necessary. Adoption of a facilities manace�ent plan does not establish any entitlement or riaht to any particular general .Plan or zoning designation or any particular development proposal. The citywide facilities and improvements plan and the local facilities management plans are gu ides to ensure that no development occurs unless adequate facilities or improvements will be available to meet demands created by development. The City Council may initiate an amendment to any of the plans at any time if in its discretion it de termines that an amendment is necessary to ensure adequate facilities and improvements. (c) If at any time it appears to the satisfaction of the City Manager that facilities or improvements within a facilities management zone or zones are inadequate to accommodate any further development within that zone or that the performance standards adopted pursuant to Section 21.90.100 are not being met he shall immediately report the de ficiency to the Council. If the Council determines that a deficiency exists then no further building or development permits shall be issued within the affected zone or zones and development shall cease until an amendment to the citywide facilities and im provements plan or applicable local facilities management plan which addresses the deficiency is approved by the City Council and the performance standard is met. (d) The Planning Director shall monitor the developmen activity for each local facilities management zone and shall prepare an annual report to the City Council consisting of ma ps, graphs, charts, tables and text and which includes a developmental activity analysis, a facilities and improvements adequacy analysis, a facility revenue/expenditure analysis and recommendation for any amendments to the facilities management plan. The content of the annual report shall be established by the City Council. (e) The City Council shall annually review the citywid facilities and improvements plan at the time it considers the City's capital improvement budget. 21.90.140 Obligation to pay fees or install improvements required by any other law. Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any public improvement requirement, dedication requirement or fee requirement which is imposed pursuant to Titles 13, 18, 20 or 21 of this code or pursuant to any City Council policy. 21.90.150 Implementing guidelines. The City Council may adopt any guidelines it deems necessary to implement this chapter. 21.90.160 Exclusions. (a) Development proposals which consist of facilities, 15. Sept. 28, 2021 Item #10 Page 139 of 171 ii 'I !I i I' I ii 0 < I 2; � "' . u w < 0 u. � z � 0 ffi a: 0 >-> 0 ci:i = < !: U2� u. . � u ... >-w z w 8 o" W�N ,C U O - al ; t: � > a: < < >-u ... u 1: 1!! ii 2 I! 3 '\ 4 5 6 !I 7 81 I 101 ll 12 13 14li 1s II !I 161' 11 171! 18 I! 19 ii 20 Ii 21 Ii 22/1 23 24 25 26 27' I 2s /i ,1 I .1 or structures constructed by a city, county, special district, state, or federal government or any ag ency, depart�ent, or subsidiary thereof for governmental purposes are excluded :re� the provi•ions of this chapter. This exclusion shall not aoo!v to development proposals to which a possessory interest tax -we,._.::-:, be applicable. (b) Tentative maps the application for which was accepted before August 6, 1985 �ay be ap proved without com plyinc, with the plans adopted pursuant to this Chapter but any ot her development permits or building permits for the pr oject shall �e subject to the reauirements of the plans. The tentative map shall be subject to Section 21.90.030. 21.90.170 Council actions, fees, notice. (a) Whenever this chapter requires or perm its an action or decision of the City Council, that act ion or decision shall be accomplished by a resolution. (b) The City Council shall estab lish aoolication and processing fees for the submission and pr ocessing.of facilities management plans and for any other request made un der Section 21.90.100, 21.90.120 or 21.90.140. (c) Whenever written notice is required to be given to pr operty owners under this section the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. 21.90.180 Expiration of chapter • This chapter shall expire on June 30, 2001 unless it is extended or reenacted on or before that date. 21.90.190 Severability. If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council declares that it would have passed the ordinance codi fied in thi chapter and each section, subsection, sentence, clause and phras thereof, irrespective of the fact that any part thereof be declared invalid or unconstitutional. SECTION 2: The City Council makes the following · findings: 1. Since January 1985, the City of Carlsbad has been undertaking a comprehensive review of the Land Use Element of it General Plan. As part of that review a Council ap pointed Citizens Committee prepared a comprehensive report and recommendation to the City Council. That report was subject to public hearings by both the Planning Commission and City Council Included in the recommendations of the Citizens Committee were recommendations that no new development should occur un less 16. Sept. 28, 2021 Item #10 Page 140 of 171 Ii I I i 9 Q < a) CEl (/) � ...J a: a: .., < = - (.) w < 0 ... :> z � 0 � a: o>>o ciS !:: < !:: (.) :i � ... . ...J (.) .... > w z ws o .... �.,.< (.) 0 -a) ;; t: � > a: < < > (.) .... c3 i ,1 Ii 1 !! 11 2 :: :1 !! ; 3:: 411 I ,I ,, 5 i: ,, ii 6 11 7 !l 11 8'1 1, 9 Ii II ii 10 ii 11 ii 11 !I 1211 13:I 14 !! 'I 15 ii " 161i i1 17 ii i' 1811 i1 I: 19 1: l· 20 i! 1: 21 i: ii 22ii 23 11 11 24 ii 2s 11 It '· 2s II 11 I, 271 i 28! adequate public facilities are available concurrently wit� �eet to serve the new development. 2. On Au9ust 6, 1985, the City Council adopted Interi� Ordinance No. 9766, imp osing certain te mp orary land use controls on property within 'the City, consistent with the recommendation of the Citizens Committee. On September 3, 1985, the Citv Council adopted Interim Ordinance No. 9771 whic h extended· the restrictions of Ordinance No. 9766 until July 20, 1986. on December 10, 1985, the City Council ap proved in concept several land use proposals not contained in the Citizens Committee rep ort. On January 21, 1986 the City Council adopted Urgency Ordinance No. 9791 imposing a temporary moratorium on de velopment approvals based on the findings contained in that ordinance. en April 22, 1986 the City Council revised City Council Policy No. 17, based on the findings contained therein. On May 6, 1986 the City Council adopted Ordinance No. 8107 establishing a tr affic impact fee for the La Costa Area of the City. The City Council finds that all of these actions plus the adoption of Chapter 21.90 of the Carlsbad Municipal Code are necessary to ensure adequate public facilities are available to serve any new development in the City. Without Chapter 21.90 and the requirements imposed by it, adequate public facilities ma y not b available to serve new development or building. Development or building without public facilities is contrary to the City General Plan and would be dangerous to the public health and safety. 3. This action of the City Council is consistent with long standing policies and objectives of the City to ensure adequate public facilities within Carlsbad. This action will protect the public health, safety and welfare of the ci tizens of Carlsbad by ensuring safe streets, adequate water, sewer and drainage facilities, sufficient fire protection and recreation facilities. 4. This action is consistent with the City's policy to provide housing opportunities for all economic sectors of the community, because sufficient opportunities for new housing continue to exist within the City and Chapter 21.90 does not affect the number of houses which ma y be built. In addition, development of housing for low and moderate income persons and families would most likely occur in areas of the City which are designated for highest development pri ority. By encouraging development of infill areas first, where the infrastructure is already existing, the cost of housing ma y be reduced. 5. Because any new development affects public facility availability it is necessary to imp ose the fees and charges whic will be used to provide public facilities on any new building in the City. The Council finds that failure to imp ose the fees and charges on an y new building in the City will adversel y affect th public health and sa fety by reducing the safety of its City's streets, increasing the burden on water, sewer, drainage and fir 17. Sept. 28, 2021 Item #10 Page 141 of 171 l 2 3 41 I I 5/ 61 71 SI I i 91 101 uj 1.2 13 141\ ,I 15 !I 16:1 1711 I· lSli I' 19 ii I, 2011 21!1 22.11 23 24, 2s/ 2sl I 27 I: ii 2811 jl 11 facilities, and by overcrowding existing sc hools, parks and recreational facilities. 6. Adoption of Chapter 21.90 will not adversely affec: the regional welfare. By ensuring that ad eouate and safe ���1�� facilities and improvements will exist to serve all of the development in Carlsbad and because many of these facilities ar.� improvements are used by ·ersons residing in neighborina areas and cities the safety and welfare of th e whole region is enhanced. SECTION 3: The City Council intends to implement the ! growth management program contained in Chapter 21.90 by followi�� the work program in Exhibit A which is hereby made a part of thi l ordinance. The City Council may adjust the work program without amending this ordinance as they de termine necessary to accomplis effective growth management for the City of Carlsbad. EF FECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall cert ify to the adoption of this or dinance and cause it to be published att least once in the Carlsbad Journal within fifteen da ys after its I I I adoption. The fees created by Section 21.90.050 of this I ! ordinance shall be effective as to building permits for single o� multifamily residential projects 60 days after the adoption of this ordinance. I INTllOOOCED ANO FIRST REA D at a regular meeting of the j Carlsbad Ci�y Council held on the 24th day of June 1986 and thereafter 18. Sept. 28, 2021 Item #10 Page 142 of 1711/INCENT f BIONDO, JR. CITY A HORNEY· CITY Of CARLSBAD 1200 ELM AVENUE CAAlSBAD, CALIFORNIA 92008 2'.. Yl 4 5 6 7 ai1 911 ,I 1011 / 111 12 131 14ii 15 ii :1 1611 11 1111 1aii 1; 191i 20 ii 21 Ii 22li 23 24 25 1 26 ii 2711 2a Ii f I i ,I PASSED AND ADOPTED at a regular meeting of saic C:.:y Council held on the 1st day of , 1986, by t�e --------Julv following vote, to wit: APPROVED V ATTEST: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None LEGALITY City Attorney �SLER, Mayor 19. Sept. 28, 2021 Item #10 Page 143 of 171 ., :l MARY H. j L. RAUTENKRANZ, CA.llLSBAD CIT!' COOWCIL Gaorrs NA.BAGBNB•T PL.AR ••aaa9in9 a aeaponaible and Progreasi•• Carlsbad Puture• IIOU PL.&11 I. Citywide Facilities and Improvement Plan A. Growth Control Mapping and Planning Systems 1. The General Plan will be utilized as the overall base map with a maximum residential utilization i.e. mean density. 2. A citywide map will show all current and future public facilities and improvements. Each public facility and improvement will also be shown separately on a citywide map. 3. A citywide environmental constraints and open space map will be prepared. 4. These maps will also be broken down into quadrants to show greater area detail. B. Management Performance Standards 1. Establish overall performance or adequacy standards for each public facility and improvement. 2. Establish thresholds for each public facility and improvement. c. Citywide Financing Options 1. Pinancin9 options will be identified for each facility and improvement. 2. Budgeting for citywide public facility and improvement will be in conjunction with the City's five year capital improvement budget. D. Citywide Plan 1. A Citywide Facilities and Improvements Plan will be prepared using growth control maps, performance standard• and financing options. _,_ Sept. 28, 2021 Item #10 Page 144 of 171 E. Development of Local Facility Management and Plannir.q zones. 1. The ·city shall be divided into 25 specific zones. 2. The size of each zone shall depend upon major circulation roads, lagoons, property ownership boundaries, and other identifiable characteristics. 3. The purpose of zones: a. Requires landowners to work together in order to present development plans in accordance with the City's Growth Management Program. b. Requires landowners to provide development plans which adhere to the citywide facilities plan and to relate development to adjacent zones. c. Zones allow for greater citizen review prior to development approval. 4. Each zone will have a maximum residential utilization i.e. mean density. Specific densities for individual development plans within the zone, however, will be controlled through the normal planning process. 5. Each zone must conform to the General Plan and the Growth Management Ordinance. II. Facility Management Zone Processing A. Landowners submit local facilities management plans for processing concurrently with normal environmental analysis. a. Local facilities management plans shall conform to all standards of the Growth Control Mapping and Planning systems and other existing City standards. c. The local plan shall provide a detailed financing plan to assure adequate funding of all citywide facilities and improvements identified in the citywide plan. The local plan shall also provide a detailed financial plan for all public facilities and improvements located within the local facilities management zone. All development within the local facilities management zone will be phased in accordance with the facility and improvement performance standards. o. A public hearing on the local facilities management plan and environmental analysis will be held concurrently. Notice to all landowners within the zone as well as surrounding adjacent zone landowners. -2-Sept. 28, 2021 Item #10 Page 145 of 171 E. After the public hearing is completed on the lo cal facilities management zone and environmental analysis, then the specific development plans will be processed i� the normal method. P. Each local facilities management plan will be re viewed annually by the City to ensure that all performance standards are being met. If they are not, development will be stopped. 6/13/86 ad -3- Sept. 28, 2021 Item #10 Page 146 of 171 APPENDIX II. Sept. 28, 2021 Item #10 Page 147 of 171 RESOLUTION NO. 8796 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING MINOR REVISIONS TO THE PUBLIC FACILITY ANO SERVICE PERFORMANCE STANDARDS TO BE USED IN IMPLEMENTING THE GROWTH MANAGEMENT PROGRAM AS REQUIRED BY ORDINANCE NO. 9808 (GROWTH MANAGEMENT ORDINANCE). 5i WHEREAS, on July 1, 1986, the City Council adopted s:ordinance No. 9808 which es tablished a Growth Management Ordinance ii 7 Jlfor the City of Carlsbad; and II 8!! WHEREAS, one of the primary purposes of Ordinance No. I: I 9 :9808 was to prevent growth unless adequate public facilities and ii . 10 �erv1ces to serve the growth is provided when they are ne eded in a 11!bhased and logical way; and 12 Ii i WHEREAS, on July 8, 1986, the City Council adopted the 13 lublic Facility and Service Performance Standards to be used in I' •I 14 11preparing the Citywide Facilities and Improvements Plan as part of I . 151�he Growth Management Program; and 11 16 i! WHEREAS, these standards are being redefined or rephased 171lo clarify the specific meaning and purpose of ea ch; and i 18 :• I WHEREAS, the intent of the original standards will remain l9 1intact and that the clarified standards are needed to be able to 2ol�dequately determine the timing for public facilities and services f; 211rnd to assess whether they are being provided in a phased and 22\rogical way� and 23,)i WHEREAS, standards are needed to p�ovide a mechanism to . I 24 1bontinually monitor the adequacy of public facilities and services 1! 25Jas growth occurs; and I 26 Ii WHEREAS, section 21. 90. 0 8 a of Ordinance No. 9808 requires 271�he adoption by City Council Resolution of Performance Standards; i 28 I: IV Ill I ! Sept. 28, 2021 Item #10 Page 148 of 171 I: 11 1; I' 1 1' :' NOW, THEREFORE, BE IT RESOLVED by the City Council of t�e ;, \\ 2 tlCity of Carlsbad, California, that the Public Facility and Service ,, ,, :3 ,;Performance Standards as contained on attached Exhibit •A• are \'i 4 'llhereby adopted and shall be used in the implementation of 5 ,!Ordinance No. 9808 -The Carlsbad Growth Management Ordinance. I, I: 6' 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the 7!farlsbad City Council held on the 23rd day of September 8 i1198 6 by the fol lowing vote, to wit: 9 :: ;, AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine 11 10 Ii NOES: None 11 J ABSENT: None I 121 13 II ,1 14 l�TTEST: 1� II "!I � al. fZw. La.� •• , l6i�LETHA L. RAUTENKRANZ, City cifrk ii 17 ilc SEAL) ,, \: 18 i; !: I 19 1i 20 Ii Ii 211 22 Ii 23 11 241i 25 ,j 2611 271' ,1 I' 28 !i I MARY H., CASLER, Mayor -2- Sept. 28, 2021 Item #10 Page 149 of 171 --. ... ~ RESOLuTrnN NO. PUBLIC FACILITY AND SERVICE PERPORMANC! STANDARDS Facility/Service City �dministrative Pacilities Library Wastewater Treatment Capacity Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water Distribution System Standard 1500 square feet per 1,000 population must be scheduled for construction within a five year period. 800 square feet per 1,000 population �ust be scheduled for construction within a five year period. Sewer plant capacity is adequate for at least a five year period. Three acres of canmunity park or special use park per 1,000 population within the Park District, must be scheduled tor construction within a five ye ar period-. Drainage facilities must be pr ovided as required by the City concurrent with development. No road segment or intersection in the zone nor any road segment or in tersection out of the zone which is .impacted by development in the zone shall be projected to exceed a service level C during off­peak hours, nor se rvice level D during peak hours. Impacted means where 2 01 or more of the traffic generated by the local facility management zone will use the road segment or intersection. No more than 1,500 dwelling units ou tside of a five minute response time. Fifteen percent of the total land area in the zone exclusive of environmentally constrained non-· developable land must be set aside for permanent open space and must be available concurrent with development. School capacity to meet projected enrollment withit the zone as determined by the appropriate school district must be provided prior to projected occupancy. Trunk line capacity to 'l'lf!et demand as determined by the appropriate sewer district must be pr ovided concurrent with development. Line capacity to meet demand as de termined by the appropriate water district must be provided con­current with de velopment. A minimum. 1 O average day storage capacity must be provided concurrent with development. Sept. 28, 2021 Item #10 Page 150 of 171 ... . "'\ APPENDIX Ill. Sept. 28, 2021 Item #10 Page 151 of 171 :3, ii 4i: I! I, 5 :! ii I RESOLUTION NO. 8797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAJ, CALIFORNIA, ADOPTING THE CITYWIDE FACILITIES AND IMPROVEMENTS PLAN TO BE USED WITH THE GROWTH MANAGEMENT PROGRAM AS REQUIRED BY ORDINANCE NO. 9808 (GROWTH MANAGEMENT ORDINANCE). WHEREAS, on July 1, 1986, the City Council adopted 6 Ordinance No. 9808 which established a Growth Management Program ii I' 7;ff or the City of Carlsbad; and ii 8 WHEREAS, one of the primary purposes of Ordinance �o. g 9808 was to prevent growth unless adequate public facilities and I' II lOJ!services to serve the growth is provided when they are needed in a ll�hased and logical way; and 12jj WHEREAS, the Citywide Facilities and Improvement Plan is 13 1khe first phase in the implementation of the Growth Management !! 14i�rogram and is needed to set the framework to allow Local Facility 11 I, 15i�anagement Plans to be submitted; and 11 ·I 16ii WHEREAS, Section 21.90.090 of Ordinance No. 9808 requires 1; 17i�he adoption by City Council Resolution of a Citywide Facilities 18 and Improvements Plan; ,. 19' NOW, THEREFORE, BE IT RESOLVED by the City Council of the I 20\City of Carlsbad, California, that the Citywide Facilities and I, 2ll[mprovements Plan as contained on attached Exhibit •A• is hereby 22,�dopted and shall be used in the implementation of Ordinance No. 1: II 23,9808 -The Carlsbad Growth Management Ordinance. I, ,, 24·1r I I I 25 I'/ I I I 11 26 I( I I I 27 'I I I I I I. Sept. 28, 2021 Item #10 Page 152 of 171 l 2 " i ;! I' Ii ,I 11\ PASSED, APPROVED AND ADOPTED at a regular i1 " 2 iicarlsbad City Council held on the 11 23rd day of 3:11986 by the following vote, to wit: I meeting of September AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine 7 8 Ii NOES: None ABSENT: None 9 ii ATTEST: ii 1011�,.� 11 !ALETHA L. RAUTENKRANZ, City Cl�rk I 12 l(SEAL) 13 ii. ,, 14 1 I! 15 ll II 16 11 11 17 ii 1: 18 i i I I 19 1. 20 I! ,I 21 Ii 2211 2311 24 25 i: I I 26 I I 27 1! 28 II I I '.j -2- Sept. 28, 2021 Item #10 Page 153 of 171 4 APPENDIX IV. Sept. 28, 2021 Item #10 Page 154 of 171 ' !i 3 ', 4li ;\ 1; 5 1; RESOLUTION NO. 8798 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING GUIDELINES FOR THE PREPARATION OF THE LOCAL FACILITY MANAGEMENT PLANS IN CONJUNCTION WITH THE GROWTH MANAGEMENT PROGRAM AS REQUIRED BY ORDINANCE NO. 9808 ( GROWTH MANAGEMENT ORDINANCE). WHEREAS, on July 1, 1986, the City Council adopted I! I . 6 ::ordinance No. 9808 ii !! which established a Growth Management Program 7 !If or the City of Carl shad: and 8 i: WHEREAS, the Citywide Fae i 1 i ties and Improvements Pl an j! 9,has been completed as the first phase in the implementation of the i' i' lOIGrowth Management Program: and WHEREAS, the second phase of the Growth Management 11 l! 12�ro�r�m will be the preparation and submittal of the Local 13,�acility Management Plans for each of the 25 zones: and " 'I 14 ii WHEREAS, Section 2 1 • 9 0. 150 of Ordinance No. 9808 allows 151�or the adoption of certain guidelines to assist in the 1' !I 16i[mplementation of the Growth Management Program: 11 ,, 171,'1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 18iCity of Carlsbad, California, that the Guidelines for the I 19:Preparation of the Local Facility Management Plans which are 20,�ncorporated in the Citywide Facilities and Improvements Plan are 211rereby adopted and shall be used in the implementation of 221�rdinance No. 9808 -The Carlsbad Growth Management Ordinance. ii 23 ir /// 24 ir /II 25 1( I I I 26 Iv I I I '1 271( I I I J: 2BIVIII Ii 1: II ,[ Sept. 28, 2021 Item #10 Page 155 of 171 i• •I ! . ' 1: !I I, iii PASSED, APPROVED AND ADOPTED at a regular meeting o: i'lcarlsbad City Council held on the 2i ! 1986 by the following vote, to wit: ,I 31: 23rd day of September the 4\i AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine ii 5 \f 11 ,1 61 711 ii 11 811 ii ATTEST: 9 :! NOES: None ABSENT: None 1: 10 Ii W,;tk.. I I(_,.. ;;r;;Ju .. !ALETHA L. RAUTENKRANZ, City c�erk 11 I (SEAL) 121 131 I 1411 11 151 l6i 1711 :• 181: ! l9 i, 20 Ii 21/j 2211 231 241 25 26 I I 27 28 Ii I I I I I CASLER, Mayor -2- Sept. 28, 2021 Item #10 Page 156 of 171 _, APPENDIX V. Sept. 28, 2021 Item #10 Page 157 of 171 :: I 4 5 RESOLUTION NO. 8799 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AD OPTING A LOCAL FACILITY MANAGEMENT �EE AS AUTHORIZED IN ORDINANCE NO. 9808 (GROWTH MANAGEMENT ORDINANCE). WHEREAS, on July 1, 1986, the City Council adopted ;ordinance No. 9808 which established a Growth Management Program 6, :lfor the City of Carlsbad; and 7 Ii ., WHEREAS, the Citywide Facilities and Improvements Plan a:· !�as been completed as the first phase in the implementation g jl ,' iiprocess of the Growth Management Program; and 1011 WHEREAS, the second phase of the Growth Management 11 II !Program will be the review and evaluation of Local Facility 1211 l�anagement Plans as they are su bmitted for each of the 25 zones; 13:! 11and 14[1 15 li 1: WHEREAS, the review of the Local Facility Management !Plans will ensure adequate public facilities to serve the growth 16 ii ,, !�hen they are needed in a phased and logical way to comply with 17 ii the adopted performance standards; and 18! WHEREAS, the funds required from this fee will be used in 19 '.· !relation to the cost of staff time, materials and supplies used, 20 ,: !l�nd specific consultants costs necessary to review the Local 21 !Facility Management Plan; and 22 Ii II WHEREAS, the fee is established as a standard estimate of 23 \�he anticipated costs of reviewing a Local Facility Management 241' �lan, although, additional funds may be required or those funds 25 :, jfemaining following the review and approval of the plan will be 26 i! I' ,1:refunded to the plan preparers; 27 ;/II I 28 I: Sept. 28, 2021 Item #10 Page 158 of 171 11 ! WHEREAS, Section 21.90.070 of Ordinance N'o. 9808 allows 2 lfor the adoption of certain fees necessary for the implementation I I 3 'iof the Growth Management Program; 4 \ NOW, THEREFORE, BE IT RESOLVED by the City Council of the 5 j!C ity of Carlsbad, California, that Local Facility Management Plan Ii 6'�rocessing Fee is hereby established in the amount of $10,000 to 'I 11 . 71re used 1n relati�nship to the amount of staff time necessary to si1review the specific plan. i1 9i PASSED, APPROVED AND ADOPTED at a regular meeting of the 10\�arlsbad City Council held on the 11Ii,98 6 by the fol lowing vote, to wit: 23rd day of November Ii 12 'j AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine 131 I I 15 161. I! 17 !�TTEST: 18 i, NOES: None ABSENT: None 19'ALETBA L. RAUTENKRANZ, City Cle�k ' 20 I!( SEAL> 1, ,, .ASL ER, Mayor -2- Sept. 28, 2021 Item #10 Page 159 of 171 . 1- 21 22 23!i ,I 2411 I. 25 !1 26 !~ 27 \! ,I i. 28 i1 Ii ll II Ii MARY R.7 APPENDIX VI. Sept. 28, 2021 Item #10 Page 160 of 171 ii \i RESOLUTION NO. 8800 --------1\I 2 II 3 :1 4 A RESOLUTION OF THE CITY COUNCIL OP TBE CI�Y OP CARLSBAD, CALIFORNIA, DIRECTING STAFF TO PREPARE THE LOCAL FACILITY MANAGEMENT PLANS FOR ZONES 1 TRROUGR 6 AND APPROPRIATING $25,000 PROM THE GENERAL FUND CONTINGENCIES ACCOUNT IN CONJUNCTION WITH THE GROWTH MANAGEMENT PROGRAM AS REQUIRED BY ORDINANCE NO. 9808 (GROWTH MANAGEMENT ORDINANCE). 5 !1 Ii 6 ll I' WHEREAS, on July 1, 1986, the City Council adopted !Ordinance No. 9808 which established a Growth Management Program 7,for the City of Carlsbad: and 81i Ii 9 ii WHEREAS, the Citywide Facilities and Improvements Plan 1�as been completed as the first phase in the implementation of the 10.I 'irowth Management Program: and ll 12 I WHEREAS, the second phase of the Growth Management �rogram will be the preparation and submittal of the Local 1:s I l1acility Management Plans for each of the 25 zones: and 141' Zones , through 6 isll WHEREAS, Local Facility Management i�eveloped to such an extent that there is a 1611 need for the City II 17 iirepare the Local Facility Management Plan 1, i: 18i: NOW, THEREFORE, BE IT RESOLVED by !city of Carlsbad, California, that the City 19 Ii 20 for these the City will be through zones: Council of pr eparing 6 and l�ocal Facility Management Plans for zones 1 �uthorizing the appropriation of $25,000 from the General Fund 21 22 23 24 ontingenciea Account. Ill Ill Ill 25 i' �Ill 2611 IV/II 27 ·Y111 I. 2811 :;111 ,I are to the the Sept. 28, 2021 Item #10 Page 161 of 171 .1 11 II :1 iii I PASSED, APPROVED AND ADOPTED at a regular meeting of 2\ /Carlsbad City Council held on the 23rd ., ------3 !I day of September the 4 1.;1986 by the followi ng vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine I 5 i: ii II 6 '' ii 7 jlii 8ii i/ATTES'r: NOES: ABSENT: lOil 11l1 � �-iiALETHA 12 :1 1,( SEAL)13 !I 14\·,I15 \i :I 1611 11 17 II !I ,: 1a1: ,: i 19 1 : 20 I: 11 21 ii 2211 23 1 124112s 1; 261! :1 27 \! ,! 1: None None 28 I' -2- Ii I 11 ,, Sept. 28, 2021 Item #10 Page 162 of 171 MARY H.:cASLER, Mayor L. RAUTENKRANZ, City Clrrk ,i EXHIBIT 5 Sept. 28, 2021 Item #10 Page 163 of 171 CITY OF CARLSBAD Proposltlon E (This ;,reposition wlll appear on the ballot In the following lonn.) E Shall an ordinance be adopted to provide as a part ol the 1986 growth managemont plan that 1) NO DEVELOPMENT SHALL BE . APPROVED by the City of Carlsbad unless tt ls guarantA8d that concurrent with need all necessary public facilities be provided as required by said plan with ~mphasis on ensuring good traffic circulation, schOols, · par1<s, Ubraries, eµen space and recreational amenities; and 2) the City Council shall not approve residential development which would Increase the number of dwefllng units beyond the fimit In said o•::linance WITHOUT AN AFFIRMATIVE VOTE OF THE CITIZENS. The C,ty may add additional public facilities. The City shall not reduce public facilities without a corresponding reduction In the residential dwelling unit limit PROPOSED ORDINANCE The People of the City of Carlsbad do ordain as follows: A. That the Carlsbad general plan shall be amendr,d by the amendment of the Pubric Facilities and Land Use Elements to add the followlnJ: ''The City of Cartsbad In Implementing Its public facllltles element and growth management plan has made an estimate of the number of dwelling units that wlll be built as a resun of the appllcat!On of the density ranges In the Land Use Element to Individual proJee19. The City's Capital Improvement Budget, growth management plan, and public facilities plans an, all based on this estimate. In order to ensure that all necessary public facilities wlU be av11lable concurrent with need to serve new development n Is necessary to llrrit the number of residential dwelling units which can be constructed In the City to that estimate. For that purpose the City has been divided Into four quadrants along El Camino Real and Palomar Airport Road. The maximum number of residential dwelling untts to be constructed or approved in the City otter November 4, 1986 Is as follows: Northwest Quadrant 5,844; Northeast Quadrant 6,166; Southwest Quadrant 10,667; Southeast Quadrant 10,801. The City shall not appro,-e any General Pten amendment, 2one change, tentafve subdivision map or other dlscret!Onary approval for a development which could result in development above the limit In any quadrant. In order to ensure that development does not exceed the Urnlt the following growth management control points are established for the Land Use Element density ranges. PR-001,t ALLOWED DWELLING UNITS PER ACRE General Plan Density Ranges RL 0 c 1.5 RLM o -4.0 RM 4 -8.0 RMH 8 -15.0 RH .15 -23.0 Growth Management Control Point 1.0 3.2 6.0 11.5 19.0 (Continued on next page) / I i I b ' Sept. 28, 2021 Item #10 Page 164 of 171 f t The C'ty shall not approve any residential development •l a density that e.eeeds the growth management conlJol point tor the applicable dernlily. range wlthOut making the lollowing flndl_ngs: · 1. That the protec:1 will provide sulfielent addillonal public lacUl!le9 for the density In <ll<C8SS of \he oonttol poln\ 10 ensure that the adequacy ol the City's public lacillli<>s plans will not be advenlely _Impacted •. 2. That them have been sulflCienl developments approved In the quadrant at densities below the conttol point to cover the unils In the project above the eonlJol point so the approval win not result In exceeding the quadrant Umit The City Manager shall monitor all approvals and report 10 the Planning COrrrnisslon and City Council on an annual basis 10 ensure mat the eonstruellon of n,•ldenttal units WUhin each quadran~ on a cumulaUve basis, will be Ill or below 1he growth managernenl eonlrol points and that the overall quadrant lrnits 11re being maln!al:>ed., tt the annual report lndlcales in any WIJ/'f that It is likely that the linit may be exceeded, the Councll shall take appropriate actlon by revising the growth management plan 11.nd the City's zoning code to ensure that the ceilings wm be maintained, The Ctty COuncll or the Planning commission shall not find that all nece,sllrY publle facillttes win be available eonC<menl with need as required by the Public FacUltles Element and the City's 1988 growth management plan unleSS the provision or such lacillUe!I Is guaranlGed. In guaranteeing that the lacililie11 win be provided emphasi;i shllll be given to ensuring good \raffle c;lrculatiOn, s,;:hools, parks, llb!'aries, open space and r8Cl'eational amenities. Public lacill1les may be added. The City council shan not materially reduce public facllllles Without making corresponding reductions l_n resldenUal denaities, Nothing In this section shall be construed as changing the requirement that any specific resldenUal density above the minimum allowed by the Land Use Element density rang"" and the applk:able zoning shall be jusUfied aecordlng to the requirements ol the appropriate General Plan and zoning provisions. (ConUnued on next page) ---•--.... ,' Sept. 28, 2021 Item #10 Page 165 of 171 ; . ! i I . • B. Tha zol1ing map of the Clly of Ca~sbad shal1 be amended to provide !hat buuding permits Issued or approved !or resldential dwelling unlls In tha Clly after November 4, 1986 shal not exceed !he llmta 8'11abliahed In lh& map In !his 98Cllon. The numbers on tfle map shall not be locreMed wlthOUI an affirmative vote of 1118 people. NE QUADRANT 6,844 Dwell/ng Units SW QUADRANT 6,166 Dwellln Units SE QUADRANT 10,661 Dwelllng Units t 0,80 1 Dwelllng Un/ls c. The City Coundl •hall adopt smendman!ll 10 Chapter 21.90 or !he Carlsbad Municipal Code (Growth Management) as necessaiy 10 Implement the General Plan amendrrent of Section A and the Map of Section 8. o. Thia ordinance 19 lt1COnslstent with and Intended as an alternative lo any Initiative ordinance wh!Ch w,:,uld place an annual numerical timl1ation on the rate of residential cons!rUCIIOn. U this ordinance and any such lnlllaUva ordinance are both pas,!<"; by a majority voting thereOn !hen Ille OM with !he m:,st votes shall prtNall. • I I ! i I I I i i I I ' ---,-.... _,,. ""«.·-· ~., .• -._-,-•~·~, .. ~-· , . ..-... ~~~ ~.s..s:JO:,zt .Z,.W ,"\'/4:;!i,s;fi\)!'.;C? F ' EXHIBIT 6 Sept. 28, 2021 Item #10 Page 166 of 171 RESOLUTION NO. 2021-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, IMPLEMENTING UPDATED HOUSING ELEMENT PROGRAM 2.2, BY FINDING THE CITY'S RESIDENTIAL HOUSING CAPS CONTAINED IN THE GENERAL PLAN, GROWTH MANAGEMENT PLAN (PROPOSITION Et CITY COUNCIL POLICY STATEMENT NO. 43, AND THE CITY'S MUNICIPAL COD£ (TITLE 21 CHAPTER 90) ARE PREEMPTED BY STATE LAW AND UNENFORCEABLE WHEREAS, in 1986 the voters of the City of Carlsbad, California adopted Proposition E, which has become known as the Growth Management Plan (GMP); and WHEREAS, the GMP amended the city's General Plan by adding the following: The City of Carlsbad in implementing its public facilities element and growth management plan has made an estimate of the number of dwelling units that will be built as a result of the application of the density ranges in the Land Use Element to individual projects. The City's Capital Improvement Budget, growth management plan, and public facilities plans are based on this estimate. In order to ensure that all necessary public facilities will be available concurrent with need to serve new development it is necessary to limit the number of residential dwellihg units which can be constructed in the city to that estimate. For that purpose, the city has been divided into four quadrants along El Camino Real and Palomar Airport Road. The maximum number of residential dwelling units to be constructed or approved in the city after November 4, 1986 is as follows: Northwest quadrant 5,844; Northeast quadrant 6,166; Southwest quadrant 10,667; Southeast quadrant 10,801; and The total number of residential dwelling units at build out was limited to 54,599; and, WHEREAS, for the sixth housing cycle, the city was assigned a total RHNA of 3,873 housing units, and as of February 28, 2021, only 1,953 residential dwelling units remain available to reach the 54,599 citywide cap. This number includes the 1,353 units that were removed by the City Council in 2002. The 1,953 total units that remain available are distributed among the quadrants as follows: 417 residential dwelling units in the Northwest quadrant, 102 in the Northeast quadrant, 1,127 in the Southwest quadrant and 307 in the Southeast quadrant for a total of 1,953; and WHEREAS, Proposition E also established Growth Management Control Points for General Plan Density Ranges in order to ensure that growth caps would not be exceeded. When a project is approved with fewer dwelling units than would be allowed by the Growth Management Control Point, excess dwelling units are created. These units are "deposited" in the Excess Dwelling Unit Bank (EDUB). The City Council enacted City Council Policy No. 43 in part to create a process to allocate these excess units Sept. 28, 2021 Item #10 Page 167 of 171 to future projects. City Council Policy No. 43 can act as a cap on development to the extent that units are available in the EDUB; and WHEREAS, the City's General Plan Land Use and Community Design (LUCO) Element also incorporates the residential caps and control points from Proposition E, including Table 2-3 and Section 2.6, Policy 2-P.8(a) and (b), Policy 2-P.16(d), Policy 2-P.57; WHEREAS, the City's Municipal Code contains a number of provisions which also implement the GMP housing caps, including but not limited to CMC §§ 21.90.030 (b), 21.90.045 and 21.90.185; WHEREAS, in 2017 the California Legislature passed SB 166 which amended the Housing Element law {Gov. Code § 65863(a)) to require the City to ensure that its Housing Element is capable of accommodating the remaining Regional Housing Needs Allocation (RHNA) "at all times/ and WHEREAS, in 2019 the California Legislature passed the Housing Crisis Act of 2019 (SB 330) which added 66300 to the Government Code. It states that California is experiencing a housing shortage of crisis historic proportions. To address the crisis, the Legislature has declared a statewide housing emergency until 2025 and suspended certain restrictions on development of new housfng during the emergency. Among other things, the legislature has suspended the ability of cities to establish or implement any provision that: (i) Limits the Number of land use approvals of' permits necessary for the approval and construction of housing that will be issued or allocat ed within all o r a portion of the affected county or affected city, (ii) Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other time period, or (iii) Limits the population of the affected county or affected city. Government Code 66300 (b)(l)(D); and WHEREAS, on February 23, 2021 the City of Carlsbad received an opinion from HCD (Attachment A) which states: The City's GMP appears to be designed to assure that housing development in the City and the provision of public services are closely aligned {City of Carlsbad Mun. Code, § 21.09.010.) However, the City's GMP establishes growth cap numbers City-wide and by quadrant. Moreover, the City's GMP mandates that the City shall not approve any General Plan amendment, 20ne change, tentative subdivision map or other discretionary approval for a development which could result in the development above the limit in any quadrant. The establishment of such growths caps and development restrictions contradicts Government Code section 66300, subdivision (b)(l)(D). Accordingly, HCD is. of the opinion that such a growth cap under the GMP cannot permissibly be implemented consistent with Government Code section 66300. Sept. 28, 2021 Item #10 Page 168 of 171 WHERAS, additional communication with HCD explained the GMP resident ial unit caps could not prevent consistency with the Housing Element inventory [Gov. Code 65583(a)(3)] and SB 166 [Gov. Code§ 65863(a)]; WHEREAS, if the City of Carlsbad does not address HCD's concerns and refuses to certify the City housing element in compliance with state law, the City would lose the ability to control residential development. More specifically, the Government Code places the burden on a city to deny housing development projects, and requires a city to adopt specific findings for denial or a reduction in residential density. (Gov. Code,§§ 65589.S(d) and (j), 65863.) This includes findings that (A) a city has adopted a housing element in substantial compliance with state law, (B) a city has met or exceeded its RHNA allocation, and (C) that denial of a housing project is consistent with a city's general plan, including the housing element. (Gov. Code,§§ 65589.S(d)(l).) If these findings cannot be made, a city is generally required to approve a housing project. (Id.) The City is also explicitly precluded for relying upon a land use inconsistency as grounds for denial .of a housing project where it does not have a certified housing element. (Gov. Code,§ 655'89.S(d)(S)(B).); WHEREAS, Under the California Constitution article XI, section 7 a city may not enact local laws that conflict with "general" or state laws. Local legislation that conflicts with the geheral laws of the state is void, including Growth Management Plans; California Building_ Industry Assoc. v. City of Oceanside (1994) 27 Cal.App.4th 744, 760-761. Cohen v. Board of Supervisors {1985) 40 Cal 3d 277, 290; similarly, previously valid laws which become inconsistent with state law are also void and unenforceable. Friends of Lagoon Valley v, City of Vacaville (2007) 154 Cal.App.4th 807, 830; and WHEREAS, Pursuant to Public Resources Code Sect ion 21065, the City's preemption findings which simply recognize controlling state law do not constitute a "project" within the meaning of the California Environmental Quality Act (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. NOW, THEREFORE, BE IT RESOLVED by the City Council o.f the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct and are incorporated hereil'l by reference to 1nclude Attachment A as findings S'et forth in full. Sept. 28, 2021 Item #10 Page 169 of 171 2. Consistent with Updated Housing Element Program 2.2, the City Council finds that Government Code Sections 65583(a)(3) and 65863(a) (SB 166 [2017]) and Government Code Section 66300(b)(l)(D) (SB 330 {2019)) preempt the city from implementing residential growth management plan caps, residential quadrant limits, and residential control points. Consequently, the City finds that it cannot and will not enforce these residential caps, quadrant limits, and control points, including but not limited to those contained in the General Plan (including, but not limited to the Land Use and Community Design Element Table 2-3, Section 2.6, Policy 2-P.B(a) and (b), Policy 2- P.16(d), and Policy 2-P.57), Growth Management Plan (Proposition E); City Council Policy Statement No. 43, Carlsbad Municipal Code Chapter 21.90 including but not limited to CMC §§ 21.90.030 (b), 21.90.045 and 21.90.185. 3. If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of April, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: Blackburn, Acosta, Bhat-Patel. Hall, Schumacher. None. MATT HALL, Mayor --in ~l}0VVl~{GP nv BARBARA ENGLESON, City Clerk (SEAL) STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov February 23, 2021 Celia A. Brewer, City Attorney Office of the City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Celia Brewer: RE: Request for HCD Opinion on Enforceability of City’s Growth Cap Letter of Technical Assistance This letter is to assist the City of Carlsbad (City) in the implementation of Government Code 66300, part of the Housing Crisis Act (Senate Bill 330) of 2019, as requested in the City’s letter dated August 04, 2020. The City’s letter requested the opinion of the California Department of Housing and Community Development (HCD) as to the enforceability of the City’s growth cap provisions within the Growth Management Program (Proposition E or GMP). For the reasons explained below, HCD finds that the City’s growth cap provisions to be impermissible under Government Code section 66300, subdivision (b)(1)(D). HCD’s opinion is based on the mandatory criteria established by the Legislature with the passage of SB 330 in 2019, also known as the Housing Crisis Act of 2019, which added section 66300 to the Government Code. The State of California is experiencing a housing supply shortage of crisis proportions. To address this crisis, the Legislature declared a statewide housing emergency until 2025 and suspended certain restrictions on development of new housing during the emergency period. (Housing Crisis Act of 2019, Chapter 654, Statues of 2019, section 2(b).) Among other things, the Legislature suspended the ability of cities and counties to establish or implement any provision that: (i) “Limits the number of land use approvals or permits necessary for the approval and construction of housing that will be issued or allocated within all or a portion of the affected county or affected city,” (ii) “Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other time period,” or (iii) “Limits the population of the affected county or affected city.” (Gov. Code, § 66300, subd. (b)(1)(D). Attachment A Sept. 28, 2021 Item #10 Page 170 of 171 The City’s GMP appears to be designed to assure that housing development in the City and the provision of public services are closely aligned (City of Carlsbad Mun. Code, § 21.09.010.) However, the City’s GMP establishes growth cap numbers City-wide and by quadrant. Moreover, the City’s GMP mandates that the City shall not approve any General Plan amendment, zone change, tentative subdivision map or other discretionary approval for a development which could result in the development above the limit in any quadrant. The establishment of such growths caps and development restrictions contradicts Government Code section 66300, subdivision (b)(1)(D). Accordingly, HCD is of the opinion that such a growth cap under the GMP cannot permissibly be implemented consistent with Government Code section 66300. Thank you for reaching out to HCD for this guidance. Please contact Melinda Coy of our staff, at Melinda.Coy@hcd.ca.gov, with any questions. Sincerely, Shannan West Land Use and Planning Chief Sept. 28, 2021 Item #10 Page 171 of 171 Jennifer Jesser, Senior Planner Community Development Sept. 28, 2021 Growth Management Plan Update Committee Charter C cityof Carlsbad TODAY’S PRESENTATION •Growth Management Update Advisory Committee Charter –Background –Approach –Options –Next steps ITEM 10: Growth Management Committee C cityof Carlsbad RECOMMENDED ACTION Adopt a resolution approving a charter for the Growth Management Update Advisory Committee ITEM 10: Growth Management Committee C cityof Carlsbad CITY COUNCIL GOAL ITEM 10: Growth Management Committee Engage the community through a citizens committee to create a new plan to manage growth in Carlsbad in a way that maintains an excellent quality of life C cityof Carlsbad BACKGROUND •1986 Growth Management Plan established •Adequate public facilities •Limits number of houses ITEM 10: Growth Management Committee C cityof Carlsbad TIME FOR A NEW PLAN •City is 90% built out •Recent state housing laws •Community participation is critical •Committee is important part ITEM 10: Growth Management Committee C cityof Carlsbad COMMITTEE •Structure –Based on past successful committees •Mission –Balanced consideration of issues –Identify key elements of a new plan ITEM 10: Growth Management Committee C cityof Carlsbad COMMITTEE MEMBERS 15 primary members/15 alternate members Commissions/Boards (1/1) City Council Districts (1/1) At Large (2/2) Arts Commission District 1 At large residents Beach Preservation Commission District 2 Historic Preservation Commission District 3 Housing Commission District 4 Library Board Parks and Recreation Commission Planning Commission Senior Commission Traffic and Mobility Commission ITEM 10: Growth Management Committee Committee Options Fewer members More members Fewer or no alternates Different composition ITEM 10: Growth Management Committee {city of Carlsbad NEXT STEPS CITY COUNCIL APPROVES CHARTER SOLICIT COMMITTEE MEMBERS REQUEST CONSULTANT PROPOSALS RETURN TO CITY COUNCIL ITEM 10: Growth Management Committee I I C ) RECOMMENDATION Adopt a resolution approving the charter for the Growth Management Update Advisory Committee. ITEM 10: Growth Management Committee C cityof Carlsbad Jennifer Jesser, Senior Planner Community Development Nov. 4, 2021 Growth Management Plan Update Committee {city of Carlsbad RECOMMENDED ACTION Nominate two Arts Commissioners to serve on the Growth Management Update Advisory Committee Growth Management Committee Nominations { City of Carlsbad CITY COUNCIL GOAL Engage the community through a citizens committee to create a new plan to manage growth in Carlsbad in a way that maintains an excellent quality of life Growth Management Committee Nominations { City of Carlsbad TODAY’S PLAN •1986 Growth Management Plan established •Adequate public facilities •Limits number of houses Growth Management Committee Nominations { City of Carlsbad TIME FOR A NEW PLAN •City is 90% built out •Recent state housing laws •Community participation is critical •Committee is important part Growth Management Committee Nominations { City of Carlsbad COMMITTEE CHARTER •Sept. 28 –Council approved charter •Committee Mission –Balanced consideration of issues –Identify key elements of a new plan Growth Management Committee Nominations { City of Carlsbad COMMITTEE MEMBERS 19 primary members/19 alternate members Commissions/Boards (1/1) City Council Districts (2/2) At Large (2/2) Arts Commission District 1 At large residents Beach Preservation Commission District 2 Historic Preservation Commission District 3 Housing Commission District 4 Library Board Parks and Recreation Commission Planning Commission Senior Commission Traffic and Mobility Commission Growth Management Committee Nominations COMMITTEE WORK •Meet approximately 12 times •Recommend key elements for a new plan Growth Management Committee Nominations { City of Carlsbad NEXT STEPS CITY COUNCIL APPROVES CHARTER SOLICIT COMMITTEE MEMBERS REQUEST CONSULTANT PROPOSALS RETURN TO CITY COUNCIL Growth Management Committee Nominations I I C ) RECOMMENDATION Growth Management Committee Nominations Nominate two Arts Commissioners to serve on the Growth Management Update Advisory Committee { City of Carlsbad