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HomeMy WebLinkAbout2023-06-08; Housing Commission; ; Review of Draft Carlsbad Municipal Code Chapter 2.40 – Housing Commission Meeting Date: June 8, 2023 To: Housing Commission From: Mandy Mills, Director of Housing & Homeless Services Staff Contact: Sheila Cobian, Director of Legislative and Constituent Services sheila.cobian@carlsbadca.gov, 442-339-2917 Subject: Review of Draft Carlsbad Municipal Code Chapter 2.40 – Housing Commission Recommended Action That the Housing Commission review proposed changes to Carlsbad Municipal Code Chapter 2.40 – Housing Commission and provide comments as appropriate. Executive Summary Housing Commission responsibilities and membership composition are provided in Chapter 2.40 of the Carlsbad Municipal Code. City staff are proposing minor edits to this chapter to be consistent with similar chapters of the Municipal Code. Following this review, staff will present the changes to the City Council for their consideration and adoption. Discussion The Housing Commission was established by Ordinance NS-235 on April 13, 1993. Housing Commission responsibilities and membership composition are provided in Chapter 2.40 of the Carlsbad Municipal Code. City staff are proposing minor edits to this chapter to be consistent with similar chapters of the Municipal Code. Edits can be found in a redline format in Exhibit 1, with a clean copy provided as Exhibit 2. The edits are minor and do not substantially change responsibilities or membership composition. The Housing Commission is not required to take formal action on the proposed edits, but can provide staff with any comments, if any, after review. Following this review, staff will present the changes to the City Council for their consideration and adoption. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. June 8, 2023 Item #1 Page 1 of 6 Exhibits 1. Draft CMC 2.40 with Redline Changes 2. Draft CMC 2.40 June 8, 2023 Item #1 Page 2 of 6 Chapter 2.40 HOUSING COMMISSION Sections: 2.40.010 Established. 2.40.020 Membership. 2.40.030 Qualifications. 2.40.040 Meetings. 2.40.050 Vote required. 2.40.060 Functions. 2.40.080 Relocation appeals board. 2.40.010 Established. Pursuant to Section 34291 of the California Health and Safety Code, a hHousing cCommission is created as an advisory body to the cCity cCouncil and cCommunity dDevelopment cCommission. 2.40.020 Membership. A.The hHousing cCommission shall consist of five members appointed pursuant to section 2.15.050(B). The members shall be appointed by the mayor and confirmed by the city council. After the initial term, the members shall serve four-year terms; and each member shall serve until their successor is duly appointed and qualified. The initial members of the commission shall serve staggered terms as follows: 1.Two members shall serve for a period of two years; and 2.Three members shall serve for a period of four years. B.Members shall serve without compensation. Members of the commission may be removed by the mayor with the consent of the city council. 2.40.030 Qualifications. In addition to the qualifications outlined in section 2.15.030, All members of the housing commission shall be residents of the city and registered voters. In addition, two members of the housing commissionHousing Commission shall be tenants assisted by the Carlsbad housing Housing aAuthority, one of which shall be at least 62 years of age. The remaining three members shall, to the extent possible, have experience and expertise within one or more of the following areas: development, construction, real estate, social services, housing advocacy, planning, architecture or finance. To the extent possible, the commission members shall be representative of the four quadrants districts of the city. If a tenant member ceases to be a tenant assisted by the Housing aAuthority, and/or ceases to reside within the city limits of Carlsbad, or a nontenant member ceases to reside within the city limits of the city, his or her membership on the commission shall terminate and another member shall be appointed for the remainder of the unexpired term, or if any commission member moves out of the City of Carlsbad, that member will forfeit their seat and the vacancy will be filled according to the procedures in section 2.15.070. 2.40.040 Meetings. The housing commission shall meet regularly, on days and times established by the commission for the transaction of business. The commission may adjourn any regular meeting to a time and place specified at the regular meeting and any such adjourned meeting shall be deemed a regular meeting. The housing commission shall elect from among its appointed members a chair and vice-chair. The rules and procedures of the planning commission shall be modified, as necessary, and approved by the housing commission for the conduct of its business. Exhibit 1 June 8, 2023 Item #1 Page 3 of 6 2.40.050 Vote required. Three members of the housing commission shall constitute a quorum. The affirmative vote of three members shall be necessary for any action by the commissionHousing Commission. 2.40.060 Functions. A. The housing Housing cCommission shall advise and make recommendations to the community Community dDevelopment cCommission (the governing body of the Carlsbad housing Housing aAuthority) and/or the cCity cCouncil on the following matters: 1. Establishment of, or amendments of to affordable housing programs, policies and regulations; 2. Adoption of, or amendments to, the Housing Element of the gGeneral pPlan housing element, and related strategies or programs; 3. Review of project concept and affordability objectives of off-site combined projects as defined by Chapter 21.85 of this code and located outside of the master plan area, specific plan area or subdivision which has the inclusionary housing requirement; 4. Requests for financial assistance and/or incentives for the development of affordable housing projects; 5. Requests to sell or purchase affordable housing credits for transaction/purchases of 10 credits or more to satisfy an inclusionary housing obligation; 6. Establishment of, or amendments ofto programs and services that aim to prevent, reduce and manage homelessness in the City of Carlsbad; 7. Other special assignments as requested by the community Community dDevelopment cCommission and/or cCity cCouncil as related to the development of affordable housing, community development and homelessness programs, or regional and state policies and legislation. B. The commission shall annually report to the city City cCouncil on the status and progress of affordable housing and homelessness programs. 2.40.080 Relocation appeals board. Pursuant to Government Code Section 7266, the housing Housing commission Commission is designated as the relocation appeals board for the cCity of Carlsbad, and the Carlsbad mMunicipal wWater dDistrict, and the redevelopment agency of the city to hear and determine (subject to appeal to the appropriate governing body) complaints regarding relocation and compliance with applicable local, state and federal relocation assistance laws and regulations. June 8, 2023 Item #1 Page 4 of 6 Chapter 2.40 HOUSING COMMISSION Sections: 2.40.010 Established. 2.40.020 Membership. 2.40.030 Qualifications. 2.40.050 Vote required. 2.40.060 Functions. 2.40.080 Relocation appeals board. 2.40.010 Established. Pursuant to Section 34291 of the California Health and Safety Code, a Housing Commission is created as an advisory body to the City Council and Community Development Commission. 2.40.020 Membership. The Housing Commission shall consist of five members appointed pursuant to section 2.15.050(B). 2.40.030 Qualifications. In addition to the qualifications outlined in section 2.15.030, two members of the Housing Commission shall be tenants assisted by the Carlsbad Housing Authority, one of which shall be at least 62 years of age. The remaining three members shall, to the extent possible, have experience and expertise within one or more of the following areas: development, construction, real estate, social services, housing advocacy, planning, architecture or finance. To the extent possible, the commission members shall be representative of the four districts of the city. If a tenant member ceases to be a tenant assisted by the Housing Authority, , or if any commission member moves out of the City of Carlsbad, that member will forfeit their seat and the vacancy will be filled according to the procedures in section 2.15.070. 2.40.050 Vote required. The affirmative vote of three members shall be necessary for any action by the Housing Commission. 2.40.060 Functions. A.The Housing Commission shall advise and make recommendations to the Community Development Commission (the governing body of the Carlsbad Housing Authority) and/or the City Council on the following matters: 1.Establishment of or amendments to affordable housing programs, policies and regulations; 2.Adoption of or amendments to the Housing Element of the General Plan, and related strategies or programs; 3.Review of project concept and affordability objectives of off-site combined projects as defined by Chapter 21.85 of this code and located outside of the master plan area, specific plan area or subdivision which has the inclusionary housing requirement; 4.Requests for financial assistance and/or incentives for the development of affordable housing projects; 5. Requests to sell or purchase affordable housing credits for transaction/purchases of 10 credits or more to satisfy an inclusionary housing obligation; 6.Establishment of or amendments to programs and services that aim to prevent, reduce and manage homelessness in the City of Carlsbad; Exhibit 2 June 8, 2023 Item #1 Page 5 of 6 7.Other special assignments as requested by the Community Development Commission or City Council as related to the development of affordable housing, community development and homelessness programs, or regional and state policies and legislation. B.The commission shall annually report to the City Council on the status and progress of affordable housing and homelessness programs. 2.40.080 Relocation appeals board. Pursuant to Government Code Section 7266, the Housing Commission is designated as the relocation appeals board for the City of Carlsbad and the Carlsbad Municipal Water District to hear and determine (subject to appeal to the appropriate governing body) complaints regarding relocation and compliance with applicable local, state and federal relocation assistance laws and regulations. June 8, 2023 Item #1 Page 6 of 6