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HomeMy WebLinkAbout2020-01-21; City Council; Minutes (2)CITY COUNCIL Jan. 21, 2020 5 p.m. City Council I Planning Commission I Traffic & Mobility Commission Housing Commission I Housing Element Advisory Committee CALL TO ORDER: 5:00 p.m. Faraday Administration Building 1635 Faraday Avenue, Room 173A Carlsbad, CA 92008 ROLL CALL: Mayor Hall, Mayor Pro Tern Bhat-Patel, Council Member Blackburn, Council Member Schumacher, Planning Commissioners Anderson, Geidner, Lafferty, Luna, Meenes, Merz, Stine, Traffic & Mobility Commissioners Gocan, Hunter, Johnson, Linke, Perez, Housing Element Advisory Committee Members Streicher, Novak, Weis, Housing Commissioners Cole and Manzano. Housing Element Advisory Committee Member Proulx arrived at 5:11 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance. PUBLIC COMMENT ON AGENDA ITEMS: Robin Hansen spoke in support of easing the permitting process so it is less cumbersome and at a lower cost, which is a value to both the city and the residents, helping the local economy. Gary Nessim spoke in support of the accessory dwelling unit ordinance and to maximize the allowed square footage to 1200 square feet. 1. OVERVIEW OF SB 330: HOUSING CRISIS ACT OF 2019 AND NEW REGULATIONS ON ACCESSORY DWELLING UNITS -Receive a presentation regarding SB330: Housing Crisis Act of 2019 and New Regulations on Accessory Dwelling Units. City Manager's Recommendation: Receive the presentation. City Attorney Celia Brewer announced the Special Joint Meeting and introduced Margaret Sohagi and Tyson Sohagi of the Sohagi Law Group to provide the presentation. Tyson Sohagi and Margaret Sohagi presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council Member Schumacher confirmed that specific bus stops were in 15 minute intervals at peak and North County has 30 minute intervals. In response to Mayor Pro Tern Bhat-Patel, Mr. Sohagi stated that there are rumors of the bill being updated within the next year. Jan. 21, 2020 Carlsbad City Council Special Meeting Page 2 Council Member Blackburn asked about CC&Rs being void and there is no difference for HOA rules. Ms. Sohagi stated that there would be further complications under an HOA and condominium ownership and the nature of the parking space that is being converted. Mayor Hall asked how ADUs are addressed in the Coastal Zone. Ms. Sohagi stated that the Coastal Commission issued a technical memorandum on how it is interpreted. Mayor Hall asked about the timeframe by which the city must implement these laws into the city's zone codes and ordinances. City Attorney Brewer stated that the laws came into effect on Jan. 1, 2020 so we have an obligation to comply. We have not yet drafted a new ADU ordinance. When we do that we will be working with staff and outside counsel, and until then we default to state law. Planning Commissioner Anderson asked about ADUs taking into consideration traffic constraints but not requiring CEQA. Ms. Sohagi stated that when one constraint is traffic flow, that falls into that first category, not mandatory, of setting subjective standards. Planning Commissioner Lafferty asked about bluff development fees and if measures will be implemented to ensure the safety of the city's waterfront. Ms. Sohagi stated that it does not preempt the California Environmental Quality Act including imposing mitigation measures for SB 330, and it does not preempt the Coastal Act. The ongoing Mitigation Fee Act has not changed. Commissioner Lafferty asked if the MILS Act could be an incentive to preserve historical buildings but to also develop ADUs. Mr. Sohagi stated that they would have to take a look at the MILS Act, but that the historic resource determination does not preclude the city from identifying a site as being historic in nature. Commissioner Lafferty asked if the city is prepared to meet these deadlines. Deputy City Manager Gary Barberio stated that as of Jan. 1, 2020 the city is obligated to meet those timelines, and the city is working towards getting its processes and procedures in place. Traffic & Mobility Commissioner Linke asked if SB 330 restricts the city's ability to establish guidelines on what residential projects would require traffic impact analysis. Mr. Sohagi stated that SB 743 states that under the California Environmental Quality Act that vehicle miles traveled is the new proposed metric. That does not preclude the city from continuing to analyze some type of traffic vehicular levels of service. In response to an inquiry from Commissioner Linke, Mr. Sohagi stated that these regulations do not prohibit the city from good planning, it calls into question the city's ability to implement some of its growth management plan performance standards. Commissioner Linke asked if the moratorium on development applies only to residential developments or commercial as well, and since SB 330 is set to sunset in 2025, should the city not change its current laws? Mr. Sohagi stated that that was up to the city's decision makers. Traffic & Mobility Commissioner Perez asked if there is a timeline when the Coastal Commission will be updating their laws. Ms. Sohagi stated that they were directed in November and there was no reporting back date that she knew of. Jan.21,2020 Carlsbad City Council Special Meeting Page 3 In response to an inquiry from Housing Element Advisory Committee Member Weis, Mr. Sohagi confirmed that there is no potential impact to the level of a planning study that could be required for a specific project. In response to an inquiry from Housing Element Advisory Committee Member Novak, Ms. Sohagi explained that there are no restrictions for property tax adjustments once the AD Us are in place per the legislation. In response to Housing Commissioner Manzano, Mr. Sohagi confirmed that a single-family residence could eventually have two units, one junior and one regular ADU. In response to Mayor Pro Tern Bhat-Patel, Mr. Sohagi explained that the City Council cannot enact new design standards after Jan. 1, 2020. City Council, the Commissions and Committee received the presentation. ADJOURNMENT: The Joint Special Meeting of Jan. 21, 2020, was adjourned at 6:23 p.m. \ iwuJazvt~ Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk