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.
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Tamara R. McMinn, CPMC, CMC
Senior Deputy City Clerk