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HomeMy WebLinkAbout2022-04-28; Growth Management Citizens Committee; ; Committee BusinessCA Review ______ Meeting Date: April 28, 2022 To: Growth Management Citizens Committee Staff Contact: Eric Lardy, Principal Planner Eric.Lardy@carlsbadca.gov Sarah Lemons, Communication & Engagement Sarah.Lemons@carlsbadca.gov Subject Committee Business Recommended Action Receive presentations from city staff and consultants on the following topics: • Carlsbad’s Growth Management Plan Public Facilities Performance Standards. Presentation will provide an overview of the public facilities standards that are required by the current Growth Management Plan. (Exhibit 1, Attachment B) • Growth Management in Other Cities. City consultants will provide examples of how other cities address growth management. (Exhibit 1, Attachment C) • Committee Role. Review of committee’s role and objective and the overall process to update the Growth Management Plan. (Exhibit 2) • Community Engagement. Receive a presentation from city staff on how the community will be engaged through the citizens committee to create a new approach to manage growth in a way that maintains an excellent quality of life. • Committee Dialogue. Members will participate in a facilitated discussion centered around the question - in terms of public facilities and services, what topics do you feel are most important to address in the future, and what should change about the current Growth Management Plan? • Committee Name. Members will participate in a facilitated discussion about the committee’s name and how it could be changed to better reflect the breadth of issues the committee will be addressing. (Exhibit 3) Fiscal Analysis This action has no fiscal impact. GROWTH MANAGEMENT CITIZENS COMMITTEE @) Staff Report Environmental Evaluation In keeping with California Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act 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. Therefore, it does not require environmental review. Public Notification and Outreach This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Growth Management Overview A. Chronology of Development of the Growth Management Plan B. Summary of Public Facility Standards C. Growth Management Case Studies 2. Growth Management Plan Update Advisory Committee Charter 3. Committee Name Suggestions GROWTH MANAGEMENT CITIZENS COMMITTEE STAFF REPORT APRIL 28, 2022 Exhibit 1 - Growth Management and Quality of Life Overview of Growth Management in Carlsbad Carefully managing growth and development has been critical to maintaining Carlsbad’s quality of life. In 1986, when the city was experiencing rapid growth, the City of Carlsbad Growth Management Plan was established, which put conditions on how growth could occur, including the requirement that new development must plan for, construct, and pay for the public infrastructure and facilities necessary to serve new development. That November, city voters passed Proposition E, which affirmed the principles of the Growth Management Plan and established caps on the number of housing units that could be built in Carlsbad. Implementation of the plan is through multiple documents adopted by the city and voters, a chronology of the program and when the associated documents were adopted is provided as Attachment A. The ideology behind the Growth Management Plan is to ensure that new development does not outpace the performance standards established for public facilities such as roads, parks, and emergency services. New development must be measured against the plan’s standards and show compliance with the requirements before being approved. To ensure that established performance standards could be achieved, the Growth Management Plan required development of facility financing and management plans describing how/when the public facilities would be developed. A summary of the performance standards and compliance status for the eleven types of public facilities addressed by the plan is provided in Attachment B. The Growth Management Plan has been successful in managing growth for over 25 years and has guided the city from a population of approximately 52,000 in 1986 to over 112,000 today. The plan has been effective in providing a high quality of life in Carlsbad by ensuring there are adequate public facilities as new development occurred on vacant land. However, the city is now approaching build-out per the adopted General Plan, is experiencing a slower growth rate than in previous years and will rely largely on infill and redevelopment to meet future needs. In addition, new housing laws affect the city’s ability to limit housing development and enforce the plan’s residential growth caps. As such, the city is entering a new phase in its development and requires an updated approach to facilities planning and maintaining quality of life. Other city policies and regulations, which are not part of the Growth Management Plan, also help guide development and maintain quality of life, such as the Carlsbad General Plan, updated in September 2015, and the Carlsbad Municipal Code. The General Plan provides a comprehensive strategy for guiding growth and maintaining quality of life; its elements (or chapters) cover: the Community Vision; Land Use and Community Design; Mobility; Open Space, Conservation and Recreation; Noise; Public Safety; Arts, History, Culture, and Education; Economy, Business Diversity and Tourism, Sustainability, and Housing. The Carlsbad Municipal Code provides the city’s development standards and regulations, including the Zoning Ordinance (which includes a chapter for the Growth Management Ordinance), Grading and Drainage Ordinance, and the Building Codes and Regulations. Future changes to the Growth Management Plan may require amendments to the General Plan, Municipal Code and other documents to ensure consistency with the new plan to manage growth and quality of life in Carlsbad. Growth Management Citizens Committee Staff Report – April 28, 2022 Exhibit 1 - Growth Management and Quality of Life 2 Growth Management in General The American Planning Association defines growth management as the “use by a community of a wide range of techniques in combination to determine the amount, type, and rate of development desired by the community and to channel that growth into designated areas,” and concurrency as the “installation and operation of facilities and services needed to meet the demands of new development simultaneous with the development.”1” John D. Landis (2021), author of a comprehensive review of growth management in America, states that the main idea behind growth management is to control a jurisdiction’s rate of growth and mitigate growth’s fiscal and environmental impacts.2 Critics of growth management raise concerns that growth management measures including concurrency requirements, caps and standards may: • Pass costs on to future residents in the form of higher home prices. • Limit housing supply relative to market demand, which leads to higher home sale and rental prices. • Result in a reduction of lower cost housing and overall community affordability. Growth management programs are often a part of a broader vision and set of goals such as limiting sprawl, focusing growth in transit served-areas and reducing vehicle miles traveled, providing affordable housing, addressing equity and environmental justice, preserving open space and agricultural lands, and fostering economic development and sustainable regional development patterns. Many jurisdictions do not use the term “growth management,” but all California cities and counties plan for growth through their general plans. Common general plan implementation measures include zoning and subdivision regulations, and capital improvement plans. Carlsbad’s growth management plan focuses on public facilities financing and includes concurrency requirements. Other issues related to growth, including protection of open space, economic development, sustainability, and neighborhood revitalization are addressed in the General Plan. Planning for growth at a regional level occurs in coordination with the San Diego Association of Governments. Attachment C provides a summary of growth management case studies from California as well as well- known examples from throughout the United States. Some growth management plans are focused on preserving open space and seek to direct growth to transit-served areas. These types of plans may make use of tools such as urban growth boundaries, development incentives, and transfer of development rights. Other jurisdictions emphasize the importance of adequate public facilities and may institute requirements to help ensure the timely provision of facilities and services. Because Carlsbad’s Growth Management Plan focuses on facilities planning, the case studies summarized in Attachment C largely focus on approaches to public facilities concurrency. Public Facilities Financing Methods The information below provides examples of how a city funds construction of public facilities. More information on public facility financing will be discussed during the committee’s May 26, 2022 meeting. 1 Davidson, Michael and Fay Dolnick. A Planners Dictionary, PAS Report 521-522, American Planning Association. 2 Landis, John D. 2021. “Fifty Years of Local Growth Management in America.” Progress in Planning. Accessed at: www.elsevier.com/locate/progress. Growth Management Citizens Committee Staff Report – April 28, 2022 Exhibit 1 - Growth Management and Quality of Life 3 Development Impact Fees Development impact fees are an important funding source for Carlsbad and other California jurisdictions, as cities and counties have relatively few revenue sources largely due to: state limits on the use of taxes; Proposition 13 (1978) limits on property taxes and special taxes; and Proposition 218 (1996) requirements that a majority or supermajority voter approval is needed to impose, extend, or increase any state or local taxes.3 In addition, federal support to local communities has decreased for decades, and the dissolution of California’s redevelopment agencies in 2012 removed another source of revenue for urban infrastructure4. Development impact fees are imposed on new development projects as a one-time fee, typically at building permit issuance, to mitigate the impact of the development on public facilities. Impact fees are enabled through the Mitigation Fee Act (1987). This act (codified in California Government Code §66000 – 66025) established requirements on local agencies for the imposition and administration of development impact fees including conducting a nexus study to quantify the impact of new development on infrastructure and determine a fee to cover its costs. Jurisdiction’s must: identify the fee’s purpose and use, determine a reasonable relationship between the fee’s use and the type of the project required to pay the fee, determine a reasonable relationship between the need for the public facility and the type of project required to pay the fee, and demonstrate a reasonable relationship between the amount of the fee and the costs of the facilities needed to cover developmental impacts (per Gov. Code §66001(a) and (b)). New development cannot be required to pay for existing deficiencies. A new state law (AB 602, 2021) requires agencies to follow specific standards and practices for the preparation of the impact fee nexus studies that are used to establish or update fees and addresses the calculation of residential project fees. Guthrie and Bise (2015) in a Planners Advisory Service (PAS) Memo5 describe development impact fees as a point “along a growth-management continuum” with concurrency evaluations based on specific development proposals at one end, and “impact-fee studies that focus on growth-related system improvements needed to accommodate multiple development proposals within an entire service area” at the other end. The authors describe “old-school” vs “next-generation” transportation impact fees: • Traditional, or "old-school," transportation impact fees were designed with a suburban worldview and focused on increasing capacity for vehicle travel. These fees tended to be uniform across the entire jurisdiction, driven by generic formulas, and related to 20-year master plans or build-out estimates. • "Next-generation" transportation impact fees can function like a land-use regulation to help shape development patterns. Planning and policy objectives drive next-generation transportation impact fees, which vary geographically to reflect cost differences, and support multimodal systems. Carlsbad is currently considering development of a Vehicle Miles Traveled (VMT) transportation impact fee. This would be considered a “next-generation” fee and will be discussed with the circulation facility performance standard on the committee’s July 28, 2022, agenda. 3 Raetz, Hayley, David Garcia, and Nathaniel Decker et. al., “Residential Impact Fees in California” The Terner Center for Housing Innovation at UC Berkeley, August 5, 2019. 4 Raetz, et.al. 5 Guthrie, Dwayne Pierce and Bise, L. Carson. Planners Advisory Service (PAS) Memo (ISSN 2169-1908), American Planning Association, January/February 2015. Growth Management Citizens Committee Staff Report – April 28, 2022 Exhibit 1 - Growth Management and Quality of Life 4 Project and Broad-Based Financing Tools In addition to impact fees, jurisdictions may seek infrastructure improvements and fees from developers through measures including development agreements, facilities benefit assessments, subdivision improvements and in-lieu fees, California Environmental Quality Act (CEQA) in-lieu mitigation fees, utility connection fees, and school district fees. The cost of facilities can be spread to a broader area or passed on to individual property owners through special districts (such as Mello-Roos Community Facilities Districts), user fees, or tax measures. Funding for infrastructure can also be supported through the issuance of bonds, and the formation of Enhanced Infrastructure Financing Districts (EIFDs), which use tax increment financing (to capture the growth in tax increment from new development) to raise funds. However, implementing new taxes and broad- based financing sources is difficult to form with multiple residents/property owners and under strict California laws specific to each type of program. A more comprehensive review of public facilities financing mechanisms will be topics discussed at committee’s meeting on May 26, 2022. Key Takeaways • The city’s Growth Management Plan focuses on facilities financing and ensuring adequate facilities are provided concurrent with development. Other city policies and regulations, which are not part of the Growth Management Plan, like the General Plan and Zoning Ordinance, address other aspects of development and growth, such as the number of allowed residential units (density), and where they are allowed. • Development impact fees are an important funding source for California jurisdictions but may add to the price of housing. Additionally, impact fees cannot make up deficits in program funding from existing residents. Broad based financing sources, such as taxes and bonds, can help reduce reliance on impact fees and avoid creating constraints to housing development, but are challenging to put in place. • Regular monitoring of growth and public facilities, with associated plan amendments, fee updates, and capital improvement plan investments, can contribute to achieving concurrency goals. • A toolbox approach to growth management could provide flexibility through a menu of implementation measures tailored to specific needs or general plan goals. Research conducted did not reveal explicit alternatives to a housing growth cap and strict concurrency requirements to control the timing of growth. However, the underlying goal behind growth caps, which is to preserve quality of life and provide adequate public facilities, can be achieved in part through a combination of measures focused on implementing the city’s General Plan. These measures could include a continuation or refinement of actions Carlsbad already uses such as: zoning, development regulations and incentives, capital improvement programs, public facilities plans, and impact fees. Continued regional coordination and strategic investments in infrastructure can also influence the timing of development and incentivize where it is located. These topics will continue to be explored in future meetings. GROWTH MANAGEMENT CITIZENS COMMITTEE STAFF REPORT APRIL 28, 2022 Exhibit 1, Attachment A Chronology of Development of the Growth Management Plan Growth Management History The origins of growth management in Carlsbad go back to the mid-1970s. At that time the city’s General Plan contained a Public Facilities Element that generally called for maintaining adequate public facilities as the city grew. However, it contained no standards or implementing mechanisms. In 1979, the City Council adopted Policy Statement No. 17 regarding requirements necessary to satisfy the Public Facilities Element of the General Plan. The policy stated that public facilities were adequate to serve existing development but not any new development unless new revenue could be generated to finance the needed facilities. This finding served in part as the basis for adopting the public facilities fee. In 1982, the concept took a step forward with the adoption of City Council Policy Statement No. 32, which established a Public Facilities Management System (PFMS). The purpose of the PFMS was to monitor the adequacy of public facilities and provide informational reports to the City Council. This information was useful to the city in making decisions on development, but it stopped short of making adequate facilities a precondition to development. In April 1984, as concern regarding growth intensified, the City Council amended Policy Statement No. 17 to strengthen its requirements. That action was followed by City Council appointment of a Citizens Committee for the Review of the Land Use Element of the Carlsbad General Plan. The citizens committee delivered its report in July 1985. The report contained numerous recommendations relating to density, open space, park facilities, the beach area, and other issues. Among its recommendations were two that called for “managing growth to ensure timely provision of adequate public services” and expansion of the PFMS “to ensure that all public improvements, facilities and services are in place in all portions of the city when they are needed.” These recommendations from the citizens committee struck a responsive chord with the City Council, and rapid changes ensued. Within a month following the citizens committee’s report, the City Council adopted Emergency Ordinance No. 9766, which required all new projects to comply with the recommendations of the citizens committee. In December 1985, the City Council approved a General Plan Amendment that reduced all residential density ranges as recommended by the citizens committee. In January 1986, the City Council approved staff’s work program for preparing the new Growth Management Plan. Also, in January 1986, the City Council adopted Ordinance No. 9791, which placed a 6-month moratorium on the acceptance of new development applications and placed a hold on those previously approved. For the next 6 months, staff worked on drafting the Growth Management Ordinance. In June 1986, Ordinance No. 9810 was approved as an emergency measure. In July 1986, Ordinance No. 9808 was approved to permanently enact the Growth Management Plan. In September 1986, the City Council Growth Management Citizens Committee Staff Report – April 28, 2022 Exhibit 1, Attachment A – Chronology of Development of the Growth Management Plan 2 approved the Citywide Facilities and Improvements Plan, which established the facility performance standards and provided other details regarding implementation of the ordinance. On Nov. 4, 1986, the voters of Carlsbad approved Proposition E, thus locking in the key provisions of Growth Management. Ordinance No. 9829 was subsequently adopted in April 1987 to specifically add the provisions of Proposition E to the Growth Management Ordinance. Summary of Growth Management Milestones Date Document Description June 1986 Ordinance No. 9810 Urgency ordinance to establish growth management controls July 1986 Ordinance No. 9808 Added Chapter 21.90 to the Zoning Ordinance, establishing the growth management ordinance July 1986 Resolution No. 8657 Established the boundaries for 25 local facilities management zones September 1986 Citywide Facilities and Improvements Plan City Council approved the CFIP to establish facility performance standards November 1986 Proposition E Approved by voters; established residential dwelling caps and growth management control point densities 1987 – 2013 Local Facilities Management Plans LFMPs prepared and approved for the 25 LFMP zones February 1990 Council Policy Statement No. 43 Established the “excess dwelling unit bank” policy regarding the number and criteria for allocation of Proposition E “excess” dwelling units. August/ September 1994 General Plan Update staff report and resolution 1994 comprehensive update to the General Plan, ensuring consistency with the growth management plan (note: the 2015 General Plan update also ensures consistency with the Growth Management Plan). September 2017 Senate Bill (SB) 166 Requires the city to ensure that its Housing Element is capable of accommodating the remaining Regional Housing Needs Allocation (RHNA) "at all times" October 2019 Housing Crisis Act of 2019 (SB 330) Senate Bill 330 declares a statewide housing emergency until 2025 and, among other things, suspends the cities ability to limit number of housing units that can be approved or constructed. - April 17, 2020 – Letter from HCD to the city stating that certain provisions under the GMP are impermissible under SB 330 - Feb. 22, 2022 – Letter from HCD to the city on Draft HE stating that, “Based on communications, HCD understands the City continues to require an allocation under the Growth Management Program. Any limits on the number of land use approvals or permits involving housing development projects, including housing caps, moratorium and requiring unit allocations, must be void pursuant to Government Code section 66300, subdivision (b)(1)(D), As a result, this activity must immediately be suspended” April 6, 2021 Resolution No. 2021-074 City Council found that Government Code Sections 65583(a)(3) and 65863(a) (SB 166 [2017]) and Government Code Section 66300(b)(1)(D) (SB 330 [2019]) preempt the city from implementing residential growth management plan caps, residential quadrant limits, and residential control points. GROWTH MANAGEMENT CITIZENS COMMITTEE STAFF REPORT APRIL 28, 2022 Exhibit 1, Attachment B Summary of Public Facility Standards Growth Management Plan Overview The City’s Growth Management Plan established conditions on how growth could occur, including the requirement that new development must plan for, construct and pay for the public infrastructure and facilities necessary to serve the new development. The plan was designed to ensure that new development and growth does not outpace the performance standards established for public facilities. New development must be measured against the Growth Management Plan’s public facility standards and show that they comply with the requirements before being approved. There are 11 public facilities performance standards identified in the Citywide Facilities and Improvements Plan (a component of the Growth Management Plan), which cover the following city public facilities: city administration facilities, libraries, wastewater treatment facilities, parks, drainage, circulation, fire, open space, sewer collection and water distribution systems. To ensure that established performance standards could be achieved, the Growth Management Plan required the development of financing and management plans describing how/when the public facilities will be developed. Performance Standards The Growth Management Plan includes broad guidelines for determining adequacy of public facilities. These guidelines are further defined in the Citywide Facilities and Improvements Plan by means of specific performance standards for each of the 11 public facilities summarized in Table 1 below. Table 1 - Public Facility Performance Standards Public Facility Performance Standard City Administrative Facilities 1,500 sq. ft. per 1,000 population1 must be scheduled for construction within a five-year period or prior to construction of 6,250 dwelling units (homes), beginning at the time the need is first identified. Library 800 sq. ft. (of library space) per 1,000 population1 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 is first identified. Wastewater Treatment Sewer plant capacity is adequate for at least a five-year period. Parks 3.0 acres of Community Park or Special Use Area per 1,000 population1 within the Park District [city quadrant] 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. Growth Management Citizens Committee Staff Report – April 28, 2022 Exhibit 1, Attachment B – Summary of Public Facilities Standards 2 Public Facility Performance Standard Drainage Drainage facilities must be provided as required by the city concurrent with development. Circulation 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. Fire No more than 1,500 dwelling units outside of a five-minute response time. Open Space Fifteen percent of the total land area in the Local Facility Management Zone (LFMZ)2 exclusive of environmentally constrained non-developable land must be set aside for permanent open space and must be available concurrent with development. Schools School capacity to meet projected enrollment within the Local Facility Management Zone (LFMZ)2 as determined by the appropriate school district must be provided prior to projected occupancy. Sewer Collection System Trunk-line capacity to meet demand, as determined by the appropriate sewer districts, must be provided concurrent with development. Water Distribution System Line capacity to meet demand as determined by the appropriate water district must be provided concurrent with development. A minimum of 10- day average storage capacity must be provided prior to any development. 1 See “Population” section below. 2 See “Facility and Improvement Plans” section below. Population The performance standards for city administrative facilities, library facilities, and parks are based on population. The demand for these facilities is based on each new dwelling unit (home) built and the estimated number of new residents it adds to the city, which is determined using the average number of persons per dwelling unit. Utilizing data from the 2010 Federal Census (total population divided by total number of dwelling units), the average for Carlsbad is 2.358 persons per dwelling unit. As of June 30, 2020, the city’s population was estimated to be 112,683, which is calculated by multiplying 2.358 persons per dwelling unit by the number of dwelling units, accessory dwelling units, and commercial living units (e.g., professional care facilities); in total there are 47,742 dwellings and commercial living units, as shown in Table 2 below. The population estimates in Table 2 are for Growth Management Plan facility planning purposes only and may vary from population estimates for Carlsbad conducted by other agencies, which may utilize a different method to estimate population. Growth Management Citizens Committee Staff Report – April 28, 2022 Exhibit 1, Attachment B – Summary of Public Facilities Standards 3 Table 2 – FY 2020-2021 Population Estimate Quadrant Dwelling units1 Accessory dwelling units2 Commercial living units3 Total units Population NW 12,488 226 226 12,940 30,513 NE 7,264 46 - 7,310 17,237 SW 10,179 29 685 10,893 25,711 SE 16,426 173 - 16,599 39,222 Total 46,357 474 911 47,742 112,683 Facility and Improvement Plans To develop a road map for how the public facility standards could be met, a Citywide Facilities and Improvements Plan was created that detailed how compliance with the Growth Management Plan standards will be achieved, how the necessary public facilities will be provided, and what financing mechanisms will be used for the facilities. Because planned development and growth varied throughout the city and at different levels, Carlsbad was divided into twenty-five local facilities management zones, which is reflected in the figure on the right. Each zone was required to have an adopted local facilities management plan (LFMP) prior to any development in the zone. Each local facilities management plan must describe how the zone will be developed, how the required public facilities will be provided, and how those facilities will be paid for. 1 Dwelling units represent the dwellings that are counted for purposes of the city’s growth management dwelling unit limits per Proposition E (excludes accessory dwelling units and commercial living units); the number of dwelling units shown in this table are updated to June 30, 2020. 2 Accessory dwelling units are accessory to single family dwellings and are separate dwelling units with living space, kitchen, and bathroom facilities. Pursuant to state law, accessory dwelling units cannot be counted as dwellings for purposes of the city’s growth management dwelling limits. However, the units are counted here to ensure all city population is considered for the performance standards for administrative facilities, libraries, and parks. 3 Commercial living units, as shown in this table, are professional care facility living units that were counted as dwelling units in the 2010 Federal Census. Pursuant to city ordinance (CMC Section 21.04.093), commercial living units are not counted as dwellings for purposes of the city’s growth management dwelling limits. However, the units are counted here to ensure all city population is considered for the performance standards for administrative facilities, libraries, and parks. .... ,, City of Carlsbad Quadrants & LFMP Zones Growth Management Citizens Committee Staff Report – April 28, 2022 Exhibit 1, Attachment B – Summary of Public Facilities Standards 4 Failure To Meet a Performance Standard The Growth Management Plan requires development activity to stop if a performance standard is not being met. Some performance standards apply to the city, and others apply to more specific areas, as described below: • Administrative facilities, library, and wastewater treatment capacity are facilities that serve the entire city. Their adequacy in meeting the performance standard is analyzed by considering the cumulative impact of citywide development. The failure of any one of these facilities to meet the adopted performance standard would affect the city as a whole. In that event, all development in the city would be halted until the deficiency is corrected. • Parks are analyzed on a quadrant basis. This means that if the standard is not being met in the quadrant, development is halted for all local facility management zones in the quadrant. • Fire facilities are analyzed based on fire station districts which can comprise multiple local facilities management zones, and if the standard is not met for a district, then development would be halted in that district. • The remaining facilities (drainage, circulation, open space, schools, sewer collection system, and water distribution system) are analyzed on a local facilities management zone basis. If one of these facilities falls below the performance standard in a zone, development in that zone would stop and other zones would not be affected if they are continuing to meet all performance standards. Impacts of State Law According to the Growth Management Plan, development activity cannot proceed if the public facility performance standards are not met, or the residential growth caps are exceeded. However, updates to state law and the city’s Housing Element have modified these components of the Growth Management Plan. In 2017 the California Legislature passed Senate Bill (SB) 166, known as the No Net Loss Law, which requires local jurisdictions to ensure that their housing element inventories can accommodate, at all times throughout the planning period, their remaining unmet share of the regional housing need. The California Department of Housing and Community Development has taken the following positions with respect to Carlsbad: • That failure to meet the Growth Management Plan’s public facility performance standards cannot be used as a basis for implementing a development moratorium that precludes meeting Carlsbad’s share of the regional housing need, and • That the Growth Management Plan’s residential growth caps cannot prevent the city from achieving consistency with the Housing Element inventory and SB 166. In 2019, the legislature passed SB 330, the Housing Crisis Act of 2019, which prohibits local jurisdictions from imposing moratoriums on housing development and using residential housing caps or other limits to regulate the number of housing units built within a jurisdiction. In regard to how this law applies to Carlsbad’s Growth Management Plan, the state’s Department of Housing and Community Development has taken the following position with respect to Carlsbad: Growth Management Citizens Committee Staff Report – April 28, 2022 Exhibit 1, Attachment B – Summary of Public Facilities Standards 5 • That a housing moratorium adopted due to non-compliance with a Growth Management Plan public facility performance standard would not be allowed under SB 330, and • That the city cannot use the residential growth cap limits specified in the Growth Management Plan to limit or prohibit residential development. The City Council adopted Resolution No. 2020-208 on October 20, 2020, finding that the Growth Management Plan’s moratorium requirements are unenforceable due to state law. On April 6, 2021, the City adopted Resolution No. 2021-074 finding the city’s residential housing caps contained in the General Plan, Growth Management Plan, Council Policy Statement 43, and the city’s municipal zoning code are preempted by state law and unenforceable. While the city can no longer stop development, it can still implement the public facility performance standards by requiring development to provide public facilities consistent with the standards. Growth Management Plan Compliance Status The city met the Growth Management Plan’s public facility performance standards for the 11 public facilities and city residential growth caps for the FY2019-2020 reporting period, as summarized in Table 3 below. Table 3 – Public Facility Standards Compliance Status Public Facility FY 2019-20 Adequacy Status (Meets performance standard?) Buildout Adequacy Status (Meets performance standard?) City Administrative Facilities Yes Yes Library Yes Additional facilities to be provided Wastewater Treatment Capacity Yes Yes Parks Yes Additional facilities to be provided Drainage Yes Additional facilities to be provided Circulation Yes Additional facilities to be provided Fire Yes Yes Open Space Yes Additional facilities to be provided Schools Yes Yes Sewer Collection System Yes Additional facilities to be provided Water Distribution System Yes Additional facilities to be provided GROWTH MANAGEMENT CITIZENS COMMITTEE STAFF REPORT APRIL 28, 2022 Exhibit 1, Attachment C Growth Management Case Studies Jurisdiction Growth Management Case Studies California Examples Marin County The Marin Countywide Plan has a goal for Adequate Public Facilities and Services to “provide basic public facilities to accommodate the level of development planned by cities and towns and the County.” It includes policies and implementing programs that require new development to pay for the infrastructure it requires and the public services it receives; and to plan public facilities in cooperation with service providers. The measures are to be implemented in a manner that considers the environment, economy, and equity. City of Novato The City of Novato, within Marin County, has a 20-year urban growth boundary that was reauthorized for 25 years in 2017, with the provision that the City can expand the boundary to provide housing for low-income households. An objective of the city’s general plan is to maintain the city’s high level of services and infrastructure. This is to be accomplished in part through periodic review and amendments to the General Plan’s growth assumptions; analysis of project impacts on infrastructure capacity as a part of the environmental review process; and requirements that new development to pay its fair share. For more information see: https://www.novato.org/government/community-development/general-plan- update?locale=en City of San Diego The City of San Diego’s 1990 Guidelines for Future Development (incorporated into the 1979 General Plan) focused on planning for and paying for facilities to serve the rapid growth of new communities on vacant land. Facilities Benefit Assessments were established for new growth communities. The 2008 City of Villages General Plan shifted the focus to planning for infill and redevelopment, and investments in the built environment. Development impact fees are charged to support infill development, with the fee determined by the type, size and location of the development. Development Impact Fee Plans (DIF Plans) are documents which identify a program of public facilities consistent with the General Plan and respective community plans. DIF Plans contain descriptions of planned facilities and serve as a vehicle to assess fees that provide funding for the City Capital Improvement Program. In association with adoption of a new Parks Master Plan in August 2021, San Diego replaced existing community-focused park development impact fees with a Citywide Park Development Fee to support a more equitable park system. For more information see: https://www.sandiego.gov/planning/programs/facilities-planning. Growth Management Citizens Committee Staff Report – April 28, 2022 Exhibit 1, Attachment C - Growth Management Case Studies 2 Jurisdiction Growth Management Case Studies City of San Luis Obispo The city’s Residential Growth Management Regulations state that “the City’s housing supply shall grow no faster than one percent per year.” These regulations require each specific plan area to adopt a phasing schedule for residential growth that meet specified thresholds. Deed-restricted affordable units are exempt from the Growth Management Ordinance along with residential units built in Downtown and Accessory Dwelling Units (ADUs). Because San Luis Obispo is within a predominantly agricultural county, its housing unit cap was adopted prior to 2005, and affordable units are not restricted by its growth management program, it was able to maintain the program and receive certification of its Housing Element in 2021. Out of State Examples Metro- Portland, Oregon Under Oregon law, each of the state’s cities and metropolitan areas has created an urban growth boundary around its perimeter – a land use planning line to control urban expansion onto farm and forest lands. Metro is the transportation agency for a three-county area including Portland, and responsible for managing the Portland metropolitan area’s urban growth boundary. Land inside the urban growth boundary supports urban services such as roads, water and sewer systems, parks, schools and fire and police protection. The boundary is one of the tools to protect farms and forests from urban sprawl and promote the efficient use of land, public facilities and services inside the boundary. Every six years, the Metro Council must review and report on the land supply in the Urban Growth Report. Metro prepares a forecast of population and employment growth for the region for the next 20 years and, if necessary, adjusts the boundary to meet the needs of growth forecast for that 20- year period. For more information see: https://www.oregonmetro.gov/urban- growth-boundary. Boulder, Colorado The Boulder Valley Comprehensive Plan is used by the City of Boulder and Boulder County to guide long-range planning, the review of development proposals and other activities that shape the built and natural environments in the Boulder Valley. The aim of the first plan approved in 1977 was to concentrate urban development in the city and preserve the rural character of lands outside the city service area. The plan also informs decisions about how services such as police, fire, water utilities and others are provided. Lands are divided into Area I, II, III and the Planning Reserve. Area I is the area within the City of Boulder. This land has adequate urban facilities and services and is expected to continue to accommodate urban development. Fort Collins, Colorado The Fort Collins City Plan utilizes a Growth Management Area to manage growth outside of city limits and directs new growth to targeted infill and redevelopment areas. The city’s growth management approach includes requiring the provision of adequate public facilities before development occurs and continuing the policy of new growth paying its fair share for new services and infrastructure. The City Plan calls for development of and annual updates for a multiyear capital improvement plan, use of a variety of different sources to fund capital projects with an emphasis on Growth Management Citizens Committee Staff Report – April 28, 2022 Exhibit 1, Attachment C - Growth Management Case Studies 3 Jurisdiction Growth Management Case Studies the “pay-as-you-go” philosophy, and identification of funding for operating and maintenance costs for approved capital projects at the time projects are approved. Affordable housing programs include maintaining and expanding dedicated sources of funding and providing incentives such as assistance to offset the costs of the City’s impact fees and development requirements. State of Washington/ King County The State of Washington Growth Management Act (GMA) is a series of state statutes, first adopted in 1990, that requires fast-growing cities and counties to develop a comprehensive plan to manage their population growth. It is primarily codified under Chapter 36.70A RCW. It set up requirements for: urban growth area boundaries, regional planning, environmental planning, capital facilities planning, performance indicators, support for infill, and other topics. Each Washington city and county must periodically review and, if needed, revise its comprehensive plan and development regulations every eight years to ensure that they comply with the GMA. King County has been successful in carrying out the GMA, reporting that since 1994, an increasing share of new growth has been focused within the designated Urban Growth Area. Currently, more than 97% of new residential construction is occurring within Urban Growth Areas, and a large share of the most recent housing and job growth is taking place in designated Urban Centers. King County is also known for its Transfer of Development Rights (TDR) agreement with the City of Seattle, which has helped to preserve open space, increase urban development intensity, fund infrastructure, and meet reduce greenhouse gas emissions. Montgomery County, Maryland In 1973, Maryland’s Montgomery County became the nation’s first county to adopt an adequate public facilities ordinance (APFO), tying the granting of development permits to available infrastructure capacity. In 1997, the state of Maryland enacted the Smart Growth Areas Act, creating the Priority Funding Areas program which provided growth-related infrastructure spending to designated infill areas (Landis, 2021). (Of note: SANDAG’s smart growth opportunity areas are considered a type of Priority Funding Area program.1) Florida Growth Management Act Landis (2021) reported that concurrency was the centerpiece of Florida’s 1985 Growth Management Act. Concurrency required that major state and local infrastructure projects, primarily roads and storm water facilities, be provided concurrently with the granting of local permit approvals. Funding to achieve concurrency was to come from new or increased state tax programs but was not adequately realized. In response, local governments raised impact fees which was not well received by the development community. Florida’s Growth Management Act was effectively repealed in 2011. 1 Reid Ewing, Torrey Lyons, Fariba Siddiq, Sadegh Sabouri, Fatemeh Kiani , Shima Hamidi, Dong-ah Choi, and Hassan Ameli. Growth Management Effectiveness: A Literature Review. Journal of Planning Literature 1-19, 2022. Exhibit 2 City of Carlsbad Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation September 28, 2021 Mission Statement 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 members 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 to city staff and consultants on process and draft work product s • In decision-making, balance individual and group stakeholder goals with the larger public interest and legal requirements • Work collaboratively 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 members (one primary and one alternate) from each of the following city boards and commissions: Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation Page 2 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 • 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 Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation Page3 • City staff will be present at all meetings to assist the Chair 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 discussed, 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 call 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. J The Chair may speak to members of the media on behalf 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 com mitt e-e will meet approximately once a month (about 10-12 times). Meeting Attendance Full participation of committee members: is essential to the effectiveness of the 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 Development Director. The resigning committee members designated alternate shall automatically become a regular committee member for the remaining duration of the committee. If the alternate member chooses not Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation Page4 to fill the vacancy, at their next scheduled meeting, the committee will consider whether to recommend that the Mayor and City Council fill the vacated position. Meeting Quorum 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 consult at ion with the Chairperson or a majority of the committee, following the procedures of the Brown Act. At the conclusion of each meeting, the Chair and city staff will summarize the results and identify items that may need further research or be carried over to the next meeting, preview new business for the upcoming meeting1 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 fr.om engaging in speculation, advocating a position 011 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 assist in any communications to the media, if desi red. Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation Page 5 Information Sharing In order to ensure all committee members have the same info rm at ion available to them, all documents will be distributed through 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 flow 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 committee's 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 elements) in a new plan to manage growth and achieve an excellent 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. GROWTH MANAGEMENT CITIZENS COMMITTEE STAFF REPORT APRIL 28, 2022 Exhibit 3 – Committee Name Suggestions The following suggestions were submitted via email by members of the city’s Growth Management Citizens Committee for consideration during a facilitated discussion at the April 28 meeting about the committee’s name and how it could be changed to better reflect the breadth of issues the committee will be addressing. As for a new name, I thought of one at the meeting and was talking to Tina Ray about it afterwards. I came up with: Our Carlsbad 2.0 Our to show that we want to be as inclusive as possible about ideas and solutions. The 2.0 refers to version 2.0 and that the city has reached the 2xxx years growing pretty well with version 1.0. Look backward as we go forward. Since the City is now close to build out, I think that the name we select for the Committee should not contain the word "Growth" as that may imply to some people that we are recommending more growth, rather than effectively managing the growth that we have and that which will normally occur, or which may be impose on the City by the State. Thus, I think our focus in this Committee is "how do we take our recently updated General Plan and the Envision Carlsbad goals and implement them in the future, while creating a mechanism to pay for them?" I therefore think that the name needs to be aspirational and not be full of cutesy acronyms, and I would offer "Ensuring Carlsbad's Future," or "Creating Carlsbad's Tomorrow." I would like the following recommendation(s) to be considered for the committee name: • Future Quality of Life Committee • Long Term Quality of Life Committee • 2050 Quality of Life Committee GROWTH MANAGEMENT CITIZENS COMMITTEE STAFF REPORT - APRIL 28, 2022 Exhibit 3 – Committee Name Suggestions 2 Committee Name: Committed to Carlsbad - our future is now Our Future is Now Growth Think Tank Forward Growth Success At our initial meeting of the Growth Management Plan Update Advisory Committee, we were presented the concept of developing a committee name that is easier to say and remember, and that represents, in a few words, what our charge is. Tina Ray, Carlsbad’s Communications and Engagement Director, presented some concepts at the meeting and then asked committee members to explore these and other ideas. As a way of opening discussion on this, I put my thoughts to pen….or in this case computer. In developing this proposal, I first listed the words and concepts that I believe represent the purposes of the Committee and the plan we will recommend to the City Council. This ultimately leads to the proposal I am putting on the table for discussion. These are some words and concepts, but I know there are others as well. Key Concepts/Words • Carlsbad • Vision • Future • 2050 • Plan • Direction • Roadmap • Pathway • Sustaining • Preserving • Quality of Life Taking these words and concepts, I started putting them together as a title and tagline. Possible Concepts • Future Vision • Visioning Carlsbad • Visioning Carlsbad 2050 • Future Forward Carlsbad • Forward Carlsbad • Future Carlsbad • Carlsbad 2050 – A Plan for the Future • Carlsbad 2050 – Planning for the Future • Carlsbad 2050 – Quality of Life Sustained or Carlsbad 2050: QLS GROWTH MANAGEMENT CITIZENS COMMITTEE STAFF REPORT - APRIL 28, 2022 Exhibit 3 – Committee Name Suggestions 3 • Road Map to the Future • Pathway to the Future • Sustaining Quality of Life • Preserving Quality of Life • Carlsbad 2050 – FuturePlan After this, I arrived at a word and concept that is easy to say and remember, and one that represents….in a few words….what the plan does. Recommended Name The Growth Management Plan Update Advisory Committee could be renamed Carlsbad FuturePlan Citizens Committee. The Committee will recommend the Carlsbad FuturePlan to the community and the City Council. For marketing purposes, a tagline could be added: Preserving Our Quality of Life The plan could be called: Carlsbad FuturePlan Preserving Our Quality of Life Rational for this proposal: • Carlsbad needs to be included in title. It could also be Carlsbad’s • A date, such as 2050, is not included so it’s always current. It is a living document. • This is our plan for our future. • The name does not use the word “growth”, a term which implies growth, and as such is considered a negative to many. • Full title of the committee could be Carlsbad FuturePlan Citizens Committee. The plan is called Carlsbad FuturePlan. As a parallel, the Envision Carlsbad Citizens Committee was a mouthful so the name was shortened to EC3, which didn’t mean anything to anyone. The plan the committee recommended became Envision Carlsbad. • The word “Preserving” is intentional. Whatever is created, we all want it to preserve our quality of life. • The word “Our” represents the citizens of Carlsbad. Us. It is an organically created plan that includes multiple ways of seeking and receiving community input. • The tagline incorporates a term used by many to describe what Carlsbad provides us all: A quality of life unsurpassed by many other communities. • FuturePlan is one word. It’s Carlsbad’s word. It’s a stylized word. It’s italicized showing forward movement. If approved, I recommend that Tina Ray’s Communications and Engagement Department develop this into a wordmark or logo, fitting the City’s color and design elements. • The City needs to check if it is copyrighted/trademarked. If it is, we could as an “ed” at the end to create FuturePlanned. A grammarian needs to advise on whether “citizens” should have an apostrophe at the end of “citizens”. Citzens’. It can go either way….plural or plural and possessive. 1 Date: April 26, 2022 To: Growth Management Citizens Committee (and members of the public) From: Steve Linke, Traffic & Mobility Commission Vice-Chair and Growth Management Citizens Committee primary member Subject: April 28, 2022 Growth Management Citizens Committee Meeting written comments Given time limitations of large committee meetings like ours, this communication is intended to provide some recommendations and questions/suggested future topics. Following those, I provide some background, history, and concerns that put them into context. I will detail additional concerns and consequences in communications for future meetings. Recommendations and questions/suggested future topics Recommendation: Our committee should ensure that validated measurement methods and Growth Management Plan (GMP) performance standards that reflect reality are locked down for all public facilities—not methods that can be continually tweaked to artificially achieve success. Recommendation: Exemption of any public facilities from a GMP performance standard should require a proportional alternative mitigation plan with identified funding and a timeline—not simple abandonment. Recommendation: If we move away from the “performance standard” system, any new system should be overtly mandatory and not include soft language that implies voluntary compliance. Recommendation: Impact fees/programs (e.g., traffic impact), housing fees, and other developer costs, like review and permitting fees, have been allowed to sit without meaningful updates for extended periods of time. These should be considered globally with the GMP and updated regularly to reflect current needs and costs. Question or suggested future topic: The new state laws that prevent residential development moratoria have a sunset clause, and they do not seemingly prevent commercial development moratoria. They also continue to allow various impact fees. How can these be used to maximize GMP requirements? Question or suggested future topic: Please explain the protocol staff uses to determine a “nexus” between a development project and its obligation to fund a public facility improvement, as well as the method used to calculate its “proportional funding.” Question or suggested future topic: Given the fact that the vast majority of remaining development in Carlsbad will be “in-fill” (rather than “vacant land”), and the fact that in-fill projects are largely being exempted from having to conduct GMP and CEQA studies—combined with the alleged difficulty in making a funding “nexus”—what are the prospects of the funding of the various public facilities by future development, and how can GMP requirements be maximized? 2 Background One of the eleven public facilities included in the GMP is circulation (also known as traffic, transportation, streets, or mobility), which currently includes vehicle, pedestrian, bicycle, and transit modes of travel. I have been studying this topic for over a decade, and I have spent the last three years on the Traffic & Mobility Commission intent on reforming the transportation review process in Carlsbad. I also have reviewed the GMP and CEQA transportation portions of all development applications and City projects over the past three years. My comments here are focused on transportation, but the concepts may apply more generally to other facilities, as well. The performance measure for circulation is called level of service (LOS). Generally, LOS is reported for each street segment (facility) on a scale of “A” through “F”—calculated from the volume of vehicles relative to the capacity of the street, or the average length of time it takes vehicles to traverse an intersection or street corridor—the worse the congestion, the lower the grade. An LOS grade of “D” during peak hours is required to achieve the minimum GMP performance standard. The way the GMP is supposed to work for circulation is that, when a development project is proposed, a transportation impact study predicts the direct impacts the project will have on the LOS of nearby street/mobility facilities. The approval of the project is then supposed to be conditioned upon funding any improvements necessary to maintain the minimum LOS standard, such as street widening, intersection improvements, etc. In addition, the City is required by the GMP to conduct its own annual LOS assessments (the Traffic Monitoring Program) to prospectively identify emerging problems that arise due to the cumulative, indirect impacts of developments on the overall citywide mobility network. These results are supposed to be used to add additional mobility projects and the associated costs to the City’s Traffic Impact Fee (TIF) Program, which is intertwined with the GMP. A separate traffic impact fee is then charged to all developers based on the type of development (residential vs. commercial) and the number of vehicle trips they generate, in order to fund the TIF Program projects to help maintain the minimum GMP standard citywide. Further, if annual monitoring reveals a facility that is already deficient (fails to meet the minimum GMP standard of LOS “D”), then there is supposed to be a moratorium on all development in the corresponding zone until a mobility project that will address the deficiency is identified and has an approved plan, funding, and timeline. Troubled history of Carlsbad’s vehicle LOS performance standard Back in 1988, when the GMP was first being implemented, a group of transportation experts developed guidelines for Carlsbad to calculate vehicle LOS. The guidelines were derived from the Highway Capacity Manual (HCM), the gold standard reference for transportation engineers based on decades of research and validation, with additional tuning to Carlsbad’s suburban streets. In 1989, Carlsbad’s “Citizens Committee to Study Growth,” an early predecessor to our committee, reviewed and recommended those guidelines. 3 Unfortunately, staff ignored the recommendation of the citizens committee and never used the validated vehicle LOS guidelines. Instead, they created their own custom methods that included exaggerated capacities for all of Carlsbad’s streets and intersections, and which vastly under-estimated congestion.1 Consultants included a disclaimer in their first several annual traffic monitoring reports from 1989 into the early 1990s, pointing out the severe limitations of the methods. In 1993-94 and 2000, traffic consultants suggested reducing the exaggerated capacities or using an HCM-based method to get more accurate results. In 2011, I also presented extensive data at public meetings demonstrating the inaccuracy of the methods. In spite of all of this, staff continued to use their inaccurate methods through 2018 when presenting traffic data to the traffic commission and council. The 2015 General Plan Update (GPU) required a switch to valid vehicle LOS methods based on the HCM, and multiple traffic consultants have now re-confirmed that Carlsbad’s old vehicle LOS methods had not reflected reality by under-estimating congestion. After avoiding required vehicle LOS monitoring for a few years, a valid HCM-based method was finally established in 2018 and phased in slowly over the next few years. Not surprisingly, we went from all street facilities meeting the minimum GMP performance standard (LOS “A” through “D”) with the old Carlsbad methods to having 30+ street facilities identified as GMP- deficient (LOS “E” or “F”) with the valid method—a reality that drivers see every day during peak hours. These deficiencies actually started accumulating back around 2008 and really started accelerating around 2012. Funding for street projects and/or alternative strategies to address these emerging deficiencies could have been secured by adding them to the TIF Program. However, the inaccurate LOS methods masked the deficiencies, and there was a failure to regularly update the TIF project list—despite a requirement in the Municipal Code, and despite previous warnings by council that it would unduly burden future taxpayers with the impacts of developments. I will address this topic more in the future. The staff report for Thursday’s meeting claims that the circulation system is meeting the GMP performance standard (page 5), but that is extremely misleading. The only way it is being met is because the City Council has “exempted” those 30+ street facilities from having to meet the performance standard as each deficiency is reported to them. The adoption of the exemption process effectively means that there is no longer any GMP vehicle LOS performance standard. Troubled history of the pedestrian, bicycle, and transit LOS standards The 2015 GPU also introduced a new system to measure LOS for pedestrian, bicycle, and transit travel on streets newly prioritized for those modes—called multimodal level of service (MMLOS). Vehicle LOS tends to degrade over time as growth occurs and vehicle volumes increase, allowing anticipation of the 1 For those curious and adventurous enough to delve deep into the weeds on this topic, see my 7/9/2019 letter to the City Council at tinyurl.com/yckpt9k9. 4 need for developers and/or the City to fund improvement projects to increase street/turn lane capacity over time. In contrast, MMLOS is determined from a point system based on amenities or quality (e.g., sidewalk width, buffers for bike lanes, bus stop benches, safety lighting, etc.)—regardless of whether there are any changes in the numbers of users. The unintended consequence of this approach is that all pedestrian, bicycle, and transit facility GMP deficiencies across the city will suddenly pop into existence immediately upon the first annual monitoring. And, as the staff report states: “…development cannot be required to pay for existing deficiencies.” Therefore, the city itself would be on the hook to fund all projects to achieve the minimum GMP standards all at once. I pointed out this fatal flaw in the approach in conversations and letters with staff during the public review period leading up to the 2015 GPU, but I was assured it would work. It did not. It has been over six years since adoption of the GPU that added a requirement for MMLOS monitoring, but no such monitoring has been included in any GMP annual reports. The City even claimed recently that it was never their intent to maintain LOS “D” as part of monitoring, even though that intent seems very clear in the GPU and its public review. Although there has been no annual city monitoring, preliminary MMLOS point systems have been applied to development applications for the last few years. However, similar to the old vehicle LOS methods, they are largely designed not to fail, and they have been modified multiple times without public review. One example is that the transit LOS point system was modified to award the minimum 60 points necessary to achieve LOS “D” simply based on the City’s adoption of a Transportation Demand Management (TDM) ordinance, even though that ordinance does little to nothing to improve transit conditions. It is simply a workaround to get a passing grade to meet the minimum GMP performance standard. The outcome of all this is that few pedestrian and transit upgrades have been funded by developers, except a few limited sidewalk gap closures and bus stop benches, and no bicycle upgrades have been funded. Staff also has added that a “nexus” cannot be established for the developments to fund such projects in most cases, but there has been no explanation on how staff makes their nexus determinations or how “proportional funding” is determined. The Traffic & Mobility Commission has been working with staff on the MMLOS system for the last couple of years, and it might be addressed again at our commission meeting next week, but the outcome is uncertain. II n ,magine mi1 carlsbad CARLSBAD'S NEW CITY HALL / CIVIC CENTER Geo-Centric or Historic Heart Jan 1 2021 Ask pretty much anyone, they will say Carlsbad is a very nice place. People from other areas usually say "you are fortunate if Carlsbad is where you call home. To continue that status the City Council now has a major question needing to be answered. That question is where to place our new and final City Hall and how to also make it a Civic Center. Not an easy decision so we ask that the following input be considered. We all know the City has been defined on paper as having four different zip code quadrants separated by our two largest roadways. It is now defined by four voting districts mostly cutting east to west. We also know that the major residential areas are positioned north and south generally separated by the airport and its influence on adjacent land uses. We know that the vast majority of Carlsbad was laid out and built under the land planning model of "suburban-ization" This doctrine came about in the early 1950s. It's where all different land uses are separated in their own areas. This separation was meant to reduce the possible conflicts between different uses which had been somewhat common up to that time. This separation requires one additional element that would make it possible for this new form of town planning. It requires a full network of roadways for the automobile to tie all areas together into a workable land use fabric. However, one area of Carlsbad is different as it was laid out and built under a different land planning program now referred to as "Traditional Town Planning". That area was the city's starting point, a start that took place much earlier. Its planning program built a relatively small multi-use core area on a tight grid of Main Street type thoroughfares. This gives that area, the Village-Barrio, a different and unique character in all of Carlsbad. Now the question of where to put our City Hall. An opportunity to create a new Flagship facility with civic amenities that will be embraced as a proud symbol representing our community. It should be a model of City government efficiency and professionalism. A symbolic element that reinforces its general location as a "point of focus" for the community, a Town Center. CITY HALL -2 AREA LOCATIONS/ 4 CANDIDATE SITES Jan 1 2021 MID CITY -Two sites that are geo-centric to be more equal distant from both south and north areas of town. NORTH WEST CORNER-The two sites that will support of the City's Historic Heart Neighborhood (the Village/ South Village -our Historic Barrio). OUR CRITERIA FOR EVALUATING THESE POTENTIAL SITES * City Hall as a highly productive and stimulating work place environment * · Accessability for Employees, Business Guest & the Community * Presences/Imagery -A Flagship facility with high visibility that represents our community Pride * Civic Amenities for the community * Its relationships with its surrounding area Synergy & Symbiotic (2+2=5) Back to Carlsbad being a great place to live. Taking this as a given can we now pause and reflect on all that we have, all that we done but also do some objective evaluation of what we may have missed, what we may be lacking? This review should influence the evaluation of where our ultimate City Hall should be placed. What ingredient might be needed to strengthen our community, to its sense of place, its sense of identity and pride. The element that should have come out of that objective evaluation as missing is a Town Center. As far as we know a Town Center has never been put on any map, never been part of any plan in all of our town planning. We submit that a recognizable Town Center is very important to a city the size of Carlsbad adding to our community's sense of place, identity and pride. All along our town planning journey we have had the "Historic Heart", the starting point of town but we really never saw the need to fully wrap our arms around it. To elevate it as our point of focus for the full community as a recognized Town Center. "It is up there in the far corner", "shouldn't a town center be in the center of town?" It's our starting point and hence it was logically located on the coast line, on the regional highway, on the rail line. Yes today it is the NW corner of our town just one of the city's four corners. The flip side of this can be expressed in one word, "Car-nitas". This term, we have heard, is used by some who live in south Carlsbad but have a Encinitas state of mind. Why do these people relate more to Encinitas, certainly it has nothing to do with their City Hall. Page 2 However, this should be seen as a tear in our community's fabric of cohesiveness and belonging. Some believe the fix is to place our "seat of power" the City Hall in the center of town so it is seen as equal in its reach and representation. "That makes sense on paper", as they say, if centered it is equal right?. However the next question is, does that get us where we should want to be, is it really just that simple, we think not. Rarely is a City Hall on its own a Town Center, an important part yes but as a stand alone facility it is hard pressed to pull that kind of weight. Make it a Civic Center by adding civic amenities, like a learning center/Library with auditorium or exhibit hall, already done at "the Dove" along with another civic staple a Federal Post Office, or may be give it a larger performing arts venue. An objective evaluation will show that it will be very difficult if not impossible to create a true Town Center at the mid City sites. As we know, we already own land in the Center of town. Rather than place a stand alone City Hall at Farmers, as an island in the employment center sea. May be we make that site a different feature for the community, a larger performing arts venue, say an amphitheater. May be not, as we did have one of these proposed in our town some time back. But due to the cold shoulder reaction it received here that proposal moved on to Poway. It then lost out in a head to head competition with a proposal for a theater in Chula Vista. How many of us in Carlsbad want to travel to Chula Vista or even S. D. State to go to a performance in an amphitheater? But nice if we had that venue close in. If we can agree that our community will benefit significantly by having a strong Town Center, a point of focus for all of us. If we can agree to have a Town Center as a new and major goal (a Council Goal) and also agree that the City Hall should be placed at our Town Center. We should take into consideration how the four candidate sites for City Hall measure up to a set of criteria for this role as a flagship facility, as an important part of the community's Town Center. As has been expressed, if a mid city locations have little chance to become a strong and meaningful Town Center then where? The Village also does not currently carry that weight. However, unlike mid town it does have that potential, it's just not there yet. So the real question here is what must we do to make it so. To make the Village a true Town Center that has that weight, that gravity to draw all of us to it, even those "Car-nitas". But that is a topic for another session, another paper. A session to tackle that question, and to ask if we have that kind of vision, that kind of resolve to strengthen Carlsbad as a community made whole with a compelling Town Center? Page 3 II 6':l lmagine i&i carlsbad WHAT MAKES FOR A SUCCESSFUL TOWN CENTER ,lao1 2D21 A Center with many activities and services creating a significant draw that becomes a local attraction, a destination for the entire community. A Center that provides a special setting assisted by its character and ambiance enhancing the community's sense of place, identity and pride. A Center that is easy to locate, offers easy access and has adequate fundamentals for all its uses and planned events. A Center that can host a full range of special events throughout the year. A Center where there are strong public/private partnerships and many active community groups. A Center strengthened by the inclusion of the town's Seat of Power (City Hall) placed at a location of prominence and status. A flagship facility that also offers as many features for community use as its layout can accommodate. A Center with a high level of authenticity and/or heritage, it is optimal if the location has an innate quality to it. Something special took place there, something special was built there, something was started at this location that has meaning to the community. This should enhance its prominence and status adding depth in the community's sense of time, sense of longevity. A Center with ample public land, although the center can include a mix of both public and private properties, it must be rich in our public domain. Allowing easy public movement unencumbered by private rights. A location where there are also ample areas for the public to gather. Where one gathering location is widely held to be the venue for public expression. Where the community comes together to hold a hand over heart, where they push both hands high into the air with movement and rhythm, where, after sunset, they hold lights tight in hand as an expression of a collective spirit. Page 4