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Home My WebLink AboutZCA 11-04; SDU Rent Restrictions; Zone Code Amendment (ZCA) (2).~ «·: ~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Administrative Permit D Coastal Development Permit (*) OMinor D Conditional Use Permit (*) 0 Minor 0 Extension D Environmental Impact Assessment D Habitat Management Permit 0 Minor D Hillside Development Permit(*) D Planned Development Permit 0 Residential 0 Non-Residential D Planned Industrial Permit D Planning Commission Determination D Site Development Plan D Special Use Permit D Tentative Tract Map D Variance 0 Administrative (FOR DEPT. USE ONLY) Legislative Permits D General Plan Amendment !ZJ Local Coastal Program Amendment {*) 0 Master Plan 0Amendment 0 Specific Plan 0Amendment D Zone Change (*) !ZJ Zone Code Amendment List other applications not specified D D D (*) = eligible for 25% discount (FOR DEPT. USE ONLY} t..(;(',A-\1,&5 'ZCA:ll -ot NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: n/a-citywide --------------------------------------------------------------------PROJECT NAME: Second Dwelling Unit Rent Restrictions BRIEF DESCRIPTION OF PROJECT: Amend zoning ordinance to exclude homeowner built second dwelling units from low income rent restrictions BRIEF LEGAL DESCRIPTION: n/a-citywide ------------------------------------------------------------------- LOCATION OF PROJECT: n/a -citywide ----~------------------~S~TR~E~E~T~A~D~D~R~E~S~S------------------------- ON THE: SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET) {?£,\Jt\ 0~0 P-1 Page 1 of 5 Revised 01/10 OWNER NAME (Print): Don Neu ---------------------------MAILING ADDRESS: 1635 Faraday Ave. CITY, STATE, ZIP: Carlsbad, CA 92009 TELEPHONE: 760-602-4600 ----------------------------EMAIL ADDRESS: don.neu@carlsbadca.gov I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFi MAT~ )1 TRUE AND CORRECT TO THE BEST OF MY K LED/ i(t() APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: • APPLICANT NAME (Print): Corey Funk --------------------------MAILING ADDRESS: 1636 Faraday Ave. CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 760-602-4645 -------------------------EMAIL ADDRESS: corey.funk@carlsbadca.gov HAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER L HE ABOVE INFORMATION IS TRUE AND CORRECT TO F Y KNOWLEDGE. DATE -----------------------------------------------------------------CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 5 Revised 01/10 I State of California-The Resources 4lncy DEPARTMENT OF FISH AND GAME 2011 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEAR~ LEAD AGENCY CITY OF CARLSBAD COUNTYISTATEAGENCY OF FILING SAN DIEGO / DEC 2 0 2011 RECEIPT# SD2011 1084 STATE CLEARING HOUSE#(IIapplicable) I DATE 12/15/11 DOCUMENT NUMBER *20111084* PROJECT TITLE ZCA 11-04/LCPA 11-05 -SOU RENT RESTRICTIONS I PU ,: :G U!:Y,LIH! MENT PROJECT APPLICANT NAME CITY OF CARLSBAD PROJECT APPLICANT ADDRESS 1635 FARADAY AVE PROJECT APPLICANT (Check appropriate box): CJ Local Public Agency CJ School District CHECK APPLICABLE FEES: CJ Environmental Impact Report CJ Negative Declaration CITY CARLSBAD CJ Other Special District CJ Application Fee Water Diversion (State Water Resources Control Board Only) CJ Projects Subject to Certified Regulatory Programs 1Z1 County Administrative Fee CJ Project that is exempt from fees 1Z1 Notice of Exemption CJ DFG No Effect Determination (Form Attached) CJ Other------------------- PAYMENT METHOD: CJ STATE CA State Agency $2,839.25 $2,044.00 $850.00 $965.50 $50.00 $ $ $ $ $ PHONE NUMBER 760-602-4600 ZIP CODE 92008 IZI Private Entity $50.00 $ ______ _ CJ Cash CJ Credit iZ] Check CJ Other 22581 0 TOTALRECEIVED $ _____ $_50_._00_ SIGNATURE L. Kes\an 11111111111111111111111111111111111111111111111111 ORIGINAL· PROJECT APPLICANT COPY-DFG/ASB COPY ·LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev 7/08) e NOTICE OF EXEMPTION To: SD County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway San Diego CA 921 01 From: CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad CA 92008 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: ZCA 11-04/ LCPA 11-05-SDU Rent Restrictions Project Location-Specific:....oC:::..:i.::.~tyw'--!..!...!i=d.:..e _____________________ _ Project Location -City:-=C=ar:..:.l=sb=a=d'-----Project Location -County: San Diego Description of Project: A proposal to amend the second dwelling unit rent restriction regulations located within Chapter 21.1 0 of the Zoning Ordinance. The purpose of this amendment is to no longer require certain second dwelling units to be rented at a rate affordable to low income households. Name of Public Agency Approving Project:_C=ity.J.-..>'.o.!o..f-"'C=ar"""l=sb=a=d,__ ___________ _ Name of Person or Agency Carrying Out Project: City of Carlsbad Planning Division Name of Applicant:_~C""'"'it~y_,o~f_,C=a~r!.!:Is~b!'::ad==---------------------- Applicant's Address: 1635 Faraday Ave, Carlsbad, CA 92008 Applicant's Telephone Number:____,_7"""'"6""-0--"6=0=2-_,4=6=00,.__ _______________ _ Exempt Status: (Check One) D Ministerial (Section 21080(b)(1); 15268); {;? 0 11 [I r:ro b'nest J DronenbuJi . .lr. Rec\l!'iiQr Count) Clerk D Declared Emergency (Section 21080(b)(3); 15269(a)); DEC 15 2011 l. Kesian D Emergency Project (Section 21080(b)(4); 15269 (b)(c)); D Categorical Exemption -State type and section number: D Statutory Exemptions -State code number: DEPUTY rgj General rule (Section 15061(b)(3)) Reasons why project is exempt: Amending the zoning ordinance to exclude certain second dwelling units from low income rent restrictions will not result in a significant effect on the environment. Lead Agency Contact Person: Corey Funk Telephone: (760) 602-4645 :lLE~ !1~ THE OFFICE OF ,IH~ COUNTY CLERK 0:11 Oit~ o Cour.~y on--~'!: ~ l :J]o DON NEU, City Planner Removed F(eturned to a,.ency on -------.... Date received for filing at OPibeouty _ ~-j_~SJan_ - ~~ Revised 06/10 _______ _j E--estJ.Dronenburg,J4t COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 *Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 *San Diego, CA 92112-1750 Tel. (619)237-0502 *Fax (619)557-4155 Transaction#: 262265720111215 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 15-Dec-2011 16:54 FEES: 50.00 Qty of I Fee Notice of Exemption for Ref# NOE: 1084 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DB As) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents e NOTICE OF EXEMPTION To: SO County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway San Diego CA 921 01 From: CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad CA 92008 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: ZCA 11-04/ LCPA 11-05-SDU Rent Restrictions Project Location -Specific:....oC"-!i-"-'tyw'--'-'--'i=d=-e ---------------------- Project Location -City:-=C=ar::...:.l=sb=a=d'-----Project Location -County: San Diego Description of Project: A proposal to amend the second dwelling unit rent restriction regulations located within Chapter 21.1 0 of the Zoning Ordinance. The purpose of this amendment is to no longer require certain second dwelling units to be rented at a rate affordable to low income households. Name of Public Agency Approving Project:_C=ity~o~f=C=a"'-!rl=sb=a=d'--------------- Name of Person or Agency Carrying Out Project: City of Carlsbad Planning Division Name of Applicant:_....:::C=it"-'-y....oo"-!cf....oC=a=r=ls=b=ad=-----------~---------- Applicant's Address: 1635 Faraday Ave, Carlsbad, CA 92008 Applicant's Telephone Number:~7-"'6=0.....o-6'-"0=2'--4-'--'6'"""0'""0 _________________ _ Exempt Status: (Check One) D Ministerial (Section 21 080(b )(1 ); 15268); D Declared Emergency (Section 21 080(b )(3); 15269(a)); D Emergency Project (Section 21080(b)(4); 15269 (b)(c)); D Categorical Exemption -State type and section number: 0 Statutory Exemptions -State code number: [8J General rule (Section 15061 (b )(3)) r? 0 11 t! LID l:mest .1 Dronenbuii· .lr. Rocorder Count) Clerk 8'' I DEC 152011 . Kesian DEPUTY Reasons why project is exempt: Amending the zoning ordinance to exclude certain second dwelling units from low income rent restrictions will not result in a significant effect on the environment. Lead Agency Contact Person: Corey Funk Telephone: (760) 602-4645 FILED IN THE OFFICE Oft IHE COUNTY ClERK S;:;n Dit: o Cour.ty on lOl S ( ~?UJ Date Revised 06/1 0 r----- STATE OF CALIFORNIA-THE NATURAL RESOURCES EDMUND G. CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 IMPORTANT PUBLIC HEARING NOTICE CITY OF CARLSBAD LOCAL COASTAL PROGRAM MAJOR AMENDMENT NO. CAR-MAJ-3-11 (SECOND DWELLING UNIT RENT RESTRI ~aa.t.J~'!UCARL v11 r vr SBAD I. HEARING TIME AND LOCATION DATE: TIME: LOCATION: Wednesday, May 8th, 2013 8:30a.m. Marin Civic Center Board of Supervisors Chambers 3501 Civic Center Drive San Rafael, CA 94903 (415) 407-3211 II. AMENDMENT REQUEST APR 22 2013 PLANNING DEPARTMENT The City of Carlsbad seeks to revise certain provisions of the City's Municipal Code, specifically Chapter 21.10.030 (R-1 One-Family Residential Zone, Second dwelling units), pertaining to the construction of Second Dwelling Units (SDUs) on residentially- zoned properties. Currently, as part of the City's efforts to encourage and provide affordable housing, second dwelling units that are constructed to meet the City's inclusionary housing requirement have rent restrictions. The applicable rental limits are based on each housing proposal as established in the City's inclusionary ordinance. In addition to that program, at present, other second dwelling units that are rented also have rent restrictions. The existing ordinance provides that if the second dwelling unit is rented, the monthly rental rate shall not exceed the allowable housing expense of a low income household as defined elsewhere in the code. Specifically, in this amendment, the City proposes to eliminate existing rent restrictions that property owners may charge for SDUs that are built independently and not part of the City's inclusionary program. The proposed ordinance change would retain the low-income restriction tor SDUs constructed as part of the City's inclusionary (affordable) housing program. The proposed amendment consists of text changes only; the revisions will apply citywide, as well as affect development in all segments of the City's LCP. III. HEARING PROCEDURES At the time of the public hearing, staff will make a brief oral presentation to the Commission. Immediately following the presentation of the staff, a representative or representatives from the City of Carlsbad may address the Commission regarding the local coastal program amendment. Upon conclusion of the City's presentation, members of the public and agencies will have an opportunity to address the Commission and comment on the amendment. The Commission will then close the public hearing; and, since there are preliminary recommendations and findings prepared for the Commission, the Commission may take final action on the amendment request at this time. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, December 6, 2011, to consider approval of a Zone Code Amendment and Local Coastal Program Amendment to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance. Whereas, on October 19, 2011 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a Zone Code Amendment and Local Coastal Program Amendment to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after December 2, 2011. If you have any questions, please contact Corey Funk in the Planning Division at (760) 602-4645 or corey.funk@carlsbadca.gov. If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: PUBLISH: ZCA 11-04/LCPA 11-05 SOU RENT RESTRICTIONS November 26, 2011 CITY OF CARLSBAD/CITY COUNCIL PROOF OF PUBLICATION {2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego This space is for the County Clerk's Filing Stamp Proof of Publication of I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in ;:::=;;;;_-_.....;........;.....:=::=;;;;.~~jjjijjijiijiiiiiliiO:;;;;;;;r;;;;:;;iiiOiiiil•~~!iiiiiiiiiiiiii~~~ entitled matter. I am the principal clerk of of North County Ti Formerly known as the Blade-Citizen and Advocate and which newspapers ha adjudicated newspapers of general circulatit Superior Court of the County of San Diego California, for the City of Oceanside and tl Escondido, Court Decree number 171349 . NOTICE IS HEREBY. GIYEN to you, because vour~'~<tr,mr• may be affeeted, that the Planning ComrntnlOO:()f CarlSbad YJill hold a ,public· hearing at lhe touncil r.hArrnhll .. .• C81tlbad·'VIttageDr1ve, Cerftlbad;:J;a~a. . on Weclnesday; Ootobe.r 19• 2011, to consider the "; ·:, : .-. I -·. ·.. .·<. · ,. ' .. ·.·. . .' .#;A 11-041 ·LCPA 11-05 -fDU BINI REIIBIC'DQNS ~·A ~. 'Q\Il~JNil;ur ~ommendatlon of approval fQr a'?~ Code 13rogram Amendment to amend t~ secoild,dl.lilil' ~llntHJi'lifti~M·ii'Astndtl ~ithin Chapter 21.10 of the Zoning Otdinance. County of San Diego, that the notice of ' lfyou challeng~ these projects in cou,rt, you, maybe .. ·, ........... ,.,... annexed is a printed copy (set in type not srr issuesyouorsomeoneelseraisedatthepubliotM·sa·lt'lncJ.ck!_,ill nonpariel), has been published in each re~ or In written correspondence delivered to the City of Carl~.~.:.~,·~>~ entire issue of said newspaper and not. ,. Public hearing. · · ' · supplement thereof on the following dates, to October 07th, 2011 I certify (or declare) under penalty of perju foregoing is true and correct. Dated at Escondido, California Onthis07~~ cJ:. ne Allshouse NORTH COUNlY TIMES Legal Advertising The CoafNews Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos/Vista and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: October 7. 2011 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of California on this 7th day of October, 2011. ~-0-~ Clerk of the Printer • • ·j ') ........ ·' 1 ·0 I. LV l: Space above for County Clerk's Filing Stamp e!\. . PLANNING CtJMIM$10N . -iictfiJl>hi~~?,,~~IC:~~~'!t!!TAa d'{' r NOTICE .IS HEREBY GIVEN to you, ~use your jnterest may be affected; that the Planning COIJimission .of the Cil}4lf Carlsbad wiU . hold a public hearing at the Councn Chamtiers, ·1200 carlsbad Village Drive, Car1sbacl, California, at ii:OO p.m. on Wednesday, October 19, 20_11, !!1. Q.Oil~der,.~. following: . . .. ZCA t1-1l41 LCPA.tt~-SDU ~ENT RE$TRiefiONS ·A request for a recommendation of aPproval for a Zone COde Amendment and Local Coastal Pr~ Arliendment to amend the second dwelling unit rent restrictionS located within Chapter 21.1 0 of the Zoning Ordjpance .• The project is exempt from the california Environmental Quality Act. . . If you challenge these prqects in ~;y~ may qe linlit9d to rw;- ing only those issues you or sorneol'l& .. l'llli*l at~ public hearing described in this notice or in Wl'llten correspohd9nce deliv- ered to the City of Carlsbad at or priot to the public hearing. Copies of the environmental qocuinenls are available at .llle Planning DivisiO!t at 1635 Faraday Avenue during iegular business hours from 7:30 am to 5:30 pm Monday~ Thursday and 8:00 am to 5:0b pm Friday. · · • Those persons wiShing to speajl on these~~ .cordially invited to attend the pubflc hearing. ~ of !.he Sf$if reports ~ be avallable online at _ . -. . · · http~d.'gninicu&;~~.:.kWon or after the Friday prior to. the hearing cfa!e. lf.you have ·any ques- tions, please call the Planning Division at (7150) 602-'1600. _ . I C~ 12374 10{_7(11 ---------------------------- ~., -(~~CITY OF FILE COPY J0·4·1( ~CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, October 19, 2011, to consider a request for the following: CASE NAME: ZCA 11-04/ LCPA 11-05-SDU Rent Restrictions PUBLISH DATE: October 7, 2011 DESCRIPTION: A request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php?view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Corey Funk in the Planning Division at (760) 602-4645, Monday through Thursday 7:30a.m. to 5:30 p.m., Friday 8:00a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION ~-· · ··. Planning Division ~w~~·----~--------------------------------------------------------------S._:: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® • Complete Items 1, 2, Also complete Item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 2. J ( Yes If YES, enter ~Qil~~~faN D No COASTA0L ~~~ DISTRICT SAN OIEG 3. Service 'TYPe Xeertlfled Mall D Express Mall D Registered ~urn Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) D Yes NOTICE-PUBLIC HEARING-CITY OF TSBAD Response must be received by: October 19, 2011 Public Hearing Date: October 19 2011 Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE. CARLSBAD, CALIFORNIA, 92008 Public Hearing Time: _6=:=0-=-0--=.m=.:..... ---------------------------------- Project Title: SDU Rent Restrictions Lead Agency: CITY OF CARLSBAD-PLANNING Contact Person: __ C""o""r'-"eJ-y~F_,u~nk'"------------ Street Address: 1635 FARADAY AVENUE Phone: .....,(7--"6..::..0)'-'6"""0=2--4'""6"""""45"------------------- City: CARLSBAD Zip: ..::.9=20=0=8'-----County: SAN DIEGO COUNTY PROJECT LOCATION~ County: SAN DIEGO COUNTY City/Nearest Community: """C-'-'IT'--'Y'---""O_._F__,C""'-A~RL~S~B:.!..A~D~-------------- Cross Streets: n/a Total Acres: -----"nl,_,a,__ _________________________ _ Assessor's Parcel No. n/a Section: n/a Twp. n/a Range: n/a Base: ~n/'-=a,__ ________________ _ Within 2 Miles: State Hwy #: n/a Waterways: ~n/'-=a,__ ______ _ Airports: n/a Railways: n/a Schools: __ ___,n/=a _____________________ _ ENVIRONMENTAL DOCUMENT: CEQA: D NOP D Supplement/Subsequent D Early Cons D EIR (Prior SCH No.)-------------- 0 Neg Dec [8] Other: Exempt per Sec. 1506l(b)(3) D Draft EIR LOCAL ACTION TYPE: 0General Plan Update D 0General Plan Amendment D 0General Plan Element D [8]Zone Code Amendment D DEVELOPMENT TYPE: 0Residential: Units Specific Plan Master Plan Planned Unit Development Site Plan Domce: Sq. Ft. _________ _ Ocommercial: Sq. Ft.---------- 0Industrial: Sq. Ft. _________ _ 0Recreational: PROJECT ISSUES DISCUSSED IN DOCUMENT: 0Aesthetic/V isual D Flood Plain/Flooding 0Agricultural Land D Forest Land/Fire Hazard 0Air Quality D Geological/Seismic 0Archaeologicai/Historical D Minerals Ocoastal Zone D Noise 0Drainage/ Absorption D Population/Housing Balance 0Economic/Jobs D Public Services/Facilities 0Fiscal D Recreation/Parks Present Land Use/Zoning/General Plan Use Various -zone code amendment affects property citywide Project Description: D Rezone D Use Permit D Land Division (Subdivision, Parcel Map, Tract Map, etc.) Acres _____ _ Acres _____ _ Acres _____ _ Acres _____ _ D Schools/Universities D Septic Systems D Sewer Capacity D Soil Erosion/Compaction/Grading D Solid Waste D Toxic/Hazardous D Traffic/Circulation D Vegetation D Annexation D Redevelopment D Coastal Permit [8J Other: ""LC=P,_,A_,__ ____ _ D Water Quality D Water Supply/Ground Water D Wetland/Riparian D Wildlife D Growth Inducing D Land Use D Cumulative Effect D Other: This proposal involves a City-initiated Zone Code Amendment and Local Coastal Program Amendment to amend the second dwelling unit rent restriction regulations located within Chapter 21.10 of the Zoning Ordinance. The purpose of this amendment is to no longer require certain second dwelling units to be rented at a rate affordable to low income households. This amendment does not apply to second dwelling units provided to satisfy the city's Inclusionary Housing Ordinance. Mail notice to: San Diego County Clerk ofthe Board of Supervisors, Public Notice Hearings, Mailstop A-45, Room 402, 1600 Pacific Highway, San Diego, CA 9210 I Where documents are located for Public Review: Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008 April2011 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: August 26th, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On this 26~: ~1 a ~~use NORTH COUN1Y TIMES Legal Advertising This space is for the County Clerk's Filing Stamp CITY OF CARL I c 1 2011 PLA NT Proof of Publication of fll&l.&~ TO INTERESTED PARTIES: Please be advised that the City of Carlsbad is considering text amend- ments to its Local Coastal Program (LCP) as summarized below. This amendment is being proposed by the City of Carlsbad and is currently un- der review. This notice hereby opens a six week review period after which the Planning Commission and City Council will consider all comments and act on the proposed amendment. The Planning Commission hearing is expected to take place in October 2011, and will be duly noticed. The City Council hearing is expected to take place in November 2011 , and will be duly noticed. Copies of the LCP amendment are available for review at the following locations: (1) Carlsbad Planning Di- vision, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main Li- brary, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the California Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 11-05 -SOU flent Restrictions The City's Zoning Ordinance is the implementing ordinance for the City's Local Coastal Program. According- ly, this Local Coastal Program Amendment is necessary to ensure consistency between its proposed amended Zoning Ordinance and its Local Coastal Program. This specif- ic Zone Code Amendment is as follows: A request for a recommendation of approval for a Zone Code Amend- ment and Local Coastal Program Amendment to amend the second dwelling unit rent restrictions within Chapter 21 .10 of the Zoning Ordinance. If you have any questions, please call Corey Funk in the Planning Divi-sion at 760-602-4645. Written com- ments should be sent to the Planning Division at 1635 Faraday Avenue, Carlsbad, California 92008 PUBLISH DATE: August 26, 2011 net 2298497 ----· The Coal News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos/Vista and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: August 26. 2011 If Clerk of the Printer Space above for County Clerk's Filing Stamp PUBLIC NOTrCE TO INTERESTED PARTIES: ~tJe'adVlsed'lhlltthe'City"'Of CarlsM<Hiftullsicie\ot,if, \ext "•~ amendments to its Local Coastal Program· (LCP) as summarized· • below. This amendment is being proposed by the City of Carlsbad and is currently under review. This notice hereby opens a six waek review period after which the Planning Commission and City Council will consider all comments and act on the proposed amendment. . The Planning Commission hearing is expected to take place in October 2011, and will be duty noticed. The City Council hearing is expected to take place in NovefTlbei: 2011, and will be duly noticed. Copies of the LCP amendment are available lor. review at the fol· lowing locations: (1) Carlsbad Planning Division, 1635 Faramw Avenue; (2) City Clerk's Office, 1200 Carlsbad VlllaQe Drive; (3) Carlsbad Main Library, 1775 Dove L≠ (4) Georgina Cole·· Library, 1250 Carlsbad Village Drive; and (5) the California Coastal. Commission, 7575 Metropolitan Drive, Su~e 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 11.05 ·SOU Rent Restrictions The City's Zoning Ordinance is the implementing ordi1111nce for the City's Local Coastal Program. Accordingly, this LoceJ.Collstat Program Amendment is necessary to ensure consistency !>&tween ~s proposed amended Zoning Ordinance and ~s Local Coastill Program. This specific Zone Code Amendment is as follows: A request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to amend the second dwelling unit rent restrictions within Chapter 21.10 of the Zoning Ordinance. If you have any questions, please call Corey FUI)k in the Planning Division at (760) 602-4645. Written comments. should ba sent to the Planning Division at 1635 ·Faraday Avenue, Carlsbad, CaiWomia 92008. CN 12182 8126/11 . CiTY OF CARLSBA\ AUG 3 12011 Community o. t:conornic oavetopment Department ,· -~ (.~~CITY OF ~CARLSBAD Community & Economic Development PUBLIC NOTICE TO INTERESTED PARTIES: www.carlsbadca.gov Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program {LCP) as summarized below. This amendment is being proposed by the City of Carlsbad and is currently under review. This notice hereby opens a six week review period after which the Planning Commission and City Council will consider all comments and act on the proposed amendment. The Planning Commission hearing is expected to take place in October 2011, and will be duly noticed. The City Council hearing is expected to take place in November 2011, and will be duly noticed. Copies of the LCP amendment are available for review at the following locations: {1) Carlsbad Planning Division, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carlsbad Village Drive; {3) Carlsbad Main Library, 1775 Dove Lane; {4) Georgina Cole Library, 1250 Carlsbad Village Drive; and {5) the California Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 11-05-SOU Rent Restrictions The City's Zoning Ordinance is the implementing ordinance for the City's Local Coastal Program. Accordingly, this Local Coastal Program Amendment is necessary to ensure consistency between its proposed amended Zoning Ordinance and its Local Coastal Program. This specific Zone Code Amendment is as follows: A request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to amend the second dwelling unit rent restrictions within Chapter 21.10 of the Zoning Ordinance. If you have any questions, please call Corey Funk in the Planning Division at {760} 602-4645. Written comments should be sent to the Planning Division at 1635 Faraday Avenue, Carlsbad, California 92008. PUBLISH DATE: August 26, 2011 PUBLISH DATE FOR NORTH COUNTY TIMES: August 26, 2011 PUBLISH DATE FOR COAST NEWS: August 26, 2011 · · · ,. Planning Division ~~-~---------------------------------------------------------S.:: · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • Complete items and 3. Also complete item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 Mall 0 Express Mall 0 Registered "5(11eturn Receipt for Merchandise 0 Insured Mall /o c.o.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7010 2780 DODO 4822 4856 (Transfer from service label) PS Form 3811 , February 2004 Domestic Return Receipt 1 02595-02-M-1540 e ~TATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 TO: FROM: C\TY OF CARLSBAD APR 2 2. 2013 PLANNING DEPARlMENT April18, 2013 W16a COMMISSIONERS AND INTERESTED PERSONS SHERIL YN SARB, DEPUTY DIRECTOR, SAN DIEGO COAST DISTRICT DEBORAH LEE, DISTRICT MANAGER, SAN DIEGO COAST DISTRICT MELANIE FAUST, COASTAL PROGRAM ANALYST, NORTH COAST DISTRICT SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR LCP AMENDMENT No. CAR-MAJ-3-11 (Second Dwelling Unit Rent Restrictions) for Commission Meeting of May 8 -9, 2013 SYNOPSIS The subject Local Coastal Program (LCP) implementation plan amendment request was filed as complete on March 20, 2012. The amendment request involves one item only. A one-year extension oftime to review the pending request was granted on May 9, 2012; therefore, the Commission must act on the amendment request by May 19, 2013. SUMMARY OF AMENDMENT REQUEST The City of Carlsbad seeks to revise certain provisions of the City's Municipal Code, specifically Chapter 21.10.030 (R-1 One-Family Residential Zone, Second dwelling units), pertaining to the construction of Second Dwelling Units (SDUs) on residentially- zoned properties. Currently, as part of the City's efforts to encourage and provide affordable housing, second dwelling units that are constructed to meet the City's inclusionary housing requirement have rent restrictions. The applicable rental limits are based on each housing proposal as established in the City's inclusionary ordinance. In addition to that program, at present, other second dwelling units that are rented also have rent restrictions. The existing ordinance provides that if the second dwelling unit is rented, the monthly rental rate shall not exceed the allowable housing expense of a low income household as defined elsewhere in the code. Specifically, in this amendment, the City proposes to eliminate existing rent restrictions that property owners may charge for SDUs that are built independently and not part of the City's inclusionary program. The proposed ordinance change would retain the low-income restriction for SDUs constructed as part of the City's inclusionary (affordable) housing program. The proposed amendment consists of text changes only; the revisions will apply citywide, as well as affect development in all segments of the City's LCP. a\ ¥ City of ~lsbad LCP A# 3-11 Second Dwelling Unit Rent Restrictions SUMMARY OF STAFF RECOMMENDATION The Commission can only reject Implementation Plan amendments where it can be shown that the amendment would be inconsistent with the certified Land Use Plan (LUP) and/or render the Implementation Program (IP) inadequate to carry out the LUP. Based on the subject analysis, the proposed revisions to the City's Zoning Ordinance provisions pertinent to Second Dwelling Units conform with and are adequate to carry out the certified land use plans for the City's various segments. In 2002, AB 1866 (Wright) was adopted and the legislation essentially required local governments to act on and consider second units ministerially without discretionary review or a hearing. The legislation did not curtail the ability of local governments to establish standards, such as availability of public services, or consider potential traffic impacts from second dwelling units but it did mandate a streamlined process for local review. Based on City records, as of January 2013, the total number of existing dwelling units in the City is 45,566. At that same date, there have been only 219 second dwelling units constructed, representing 0.5% of the total number of dwelling units. The 219 SDUs includes both inclusionary units and those separately constructed by individuals. Therefore, while such units have contributed to the City's overall affordable housing efforts, second dwelling units are a small component. The City has determined that, for individual homeowners who elect to construct a second unit, it is overly burdensome to impose a requirement that the unit be rent restricted to low-income households and has forwarded the subject amendment to delete that provision. Second units constructed to fulfill and comply with the City's inclusionary housing ordinance will continue to be rent restricted. Given the relatively small number of second dwelling units presently constructed and the City's projection of a long term average of only 12 SDUs per year citywide to be constructed, even with the rent limitations lifted on individually constructed second units, no adverse impacts to coastal access or coastal resources are anticipated. The proposed amendment does not modify any of the existing development standards for second units which include the provision of adequate water and sewer service and additional off-street parking. Staff is therefore recommending that the amendment be approved as submitted by the City. The appropriate resolution and motion may be found on Page 5. The findings for approval of the Implementation Plan Amendment as submitted also begin on Page 5. BACKGROUND There are six geographic segments in the City's LCP. The City'sLCP has a unique history in that special legislation directed the Commission to draft the initial LCP. One segment, the Village Redevelopment Area LCP, was certified in 1988 and the City has been issuing coastal development permits there since that time. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all Page2 • ' e City of Carlsbad LCP A# 3-11 Second Dwelling Unit Rent Restrictions of the remaining segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a deferred certification area until an implementation plan for that segment is certified. This amendment again affects only the certified Implementation Plan but is a citywide amendment in scope. ADDITIONAL INFORMATION Further information on the City of Carlsbad's LCP Amendment #3-11 may be obtained from Deborah Lee, District Manager, at (619) 767-2370. Page 3 . e Ctty of Carlsbad LCP A# 3-11 Second Dwelling Unit Rent Restrictions PART I. OVERVIEW A. LCP HISTORY The City of Carlsbad's certified LCP contains six geographic segments as follows: Agua Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos Lagoon/Hunt Properties, and Village Redevelopment. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions ofthe LCP, the Mello I and II segments in 1980 and 1981, respectively. The West Batiquitos Lagoon/ Sammis Properties segment was certified in 1985. The East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a deferred certification area until an implementation plan for that segment is certified. This amendment modifies the City's Implementation Plan (IP) only. B. STANDARD OF REVIEW Pursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning ordinances or other implementing actions, as well as their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. The Commission shall take action by a majority vote of the Commissioners present. C. PUBLIC PARTICIPATION Section 30503 of the Coastal Act requires local governments to provide the public with maximum opportunities to participate in the development of the LCP amendment prior to its submittal to the Commission for review. The City has held Planning Commission and City Council meetings with regard to the subject amendment request. All of those local hearings were duly noticed to the public. Notice of the subject amendment has been distributed to all known interested parties. Page4 t e City of Carlsbad LCP A# 3-11 Second Dwelling Unit Rent Restrictions PART II. LOCAL COASTAL PROGRAM SUBMITTAL-RESOLUTIONS Following a public hearing, staff recommends the Commission adopt the following resolution and findings. The appropriate motion to introduce the resolution and a staff recommendation are provided. I. MOTION 1: I move that the Commission reject the Implementation Program Amendment No. 3-11 for City of Carlsbad LCP as submitted. STAFF RECOMMENDATION OF REJECTION: Staff recommends a NO vote. Failure of this motion will result in certification of the Implementation Program Amendment as submitted and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present. RESOLUTION TO CERTIFY IMPLEMENTATION PROGRAM AMENDMENT AS SUBMITTED: The Commission hereby certifies the Implementation Program Amendment for the City of Carlsbad certified LCP as submitted and adopts the findings set forth below on grounds that the Implementation Program Amendment conforms with, and is adequate to carry out, the provisions of the certified Land Use Plans, and certification of the Implementation Program Amendment will meet the requirements of the California Environmental Quality Act, because either: 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the Implementation Program Amendment on the environment; or 2) there are no further feasible alternatives or mitigation measures that would substantially lessen any significant adverse impacts on the environment that will result from certification of the Implementation Program. PART III. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD IMPLEMENTATION PLAN AMENDMENT, AS SUBMITTED A. AMENDMENT DESCRIPTION This request involves a city-initiated LCP amendment to the City's Zoning Ordinance (Municipal Code), which is certified as part of its LCP implementation plan. No changes to land use or the certified LCP land use plans are proposed herein. The City's amendment would specifically revise certain provisions of the City's Zoning Ordinance pertaining to Second Dwelling Units (SDUs). These units may presently be constructed on most residentially-zoned parcels where single family residences exist throughout the city and this option for supplemental housing development would not change. The proposed amendment would revise existing provisions that establish rent restrictions for certain second dwelling units. The existing requirements limit rental Page 5 .e C1ty of Carlsbad LCPA# 3-11 Second Dwelling Unit Rent Restrictions amounts for all second units to a maximum amount that is calculated by the City as affordable for a low-income family's housing budget or as established through its inclusionary housing ordinance. As proposed for amendmel).t, the restriction on rental rates would remain in place for second units constructed pursuant to the City's inclusionary (affordable) housing program, but rental rate restrictions for other second units (non-inclusionary units) would be eliminated. The City has determined that, for individual homeowners who elect to construct a second unit, it is overly burdensome to impose a requirement that the unit be rent restricted to low-income households and has forwarded the subject amendment to delete that provision. Second units constructed to fulfill and comply with the City's inclusionary housing ordinance will continue to be rent restricted. B. FINDINGS FOR APPROVAL The standard of review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP. a) Purpose and Intent of the Ordinance. The primary purpose of this proposed Zoning Ordinance amendment is to revise the existing provisions that govern the construction of second dwelling units citywide. b) Major Provisions of the Ordinance. The major provisions of the proposed Zoning Ordinance amendment would eliminate existing restrictions on the amount of rent that landowners can charge for SDUs that are not constructed as part of the City's inclusionary (affordable) housing program. No changes are otherwise proposed to development standards for second dwelling units or where they may be allowed. c) Adequacy of the Ordinance to Implement the Certified LUP Segments. As noted above, the standard of review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP. The proposed amendment consists of text changes to the existing code sectiongoveming second dwelling units. For purposes of this analysis, second dwelling units can be divided into two categories: those that are built to satisfy the City's inclusionary housing ordinance (inclusionary SDUs) and those that are not (non- inclusionary SDUs). Non-inclusionary SDUs are typically either added to an existing home by the homeowner or built by the developer/builder along with a new residence as an amenity. The proposed changes alter the rent restrictions pertinent to second dwelling units based on whether the units are constructed pursuant to the City's affordable housing programs (rental rate restrictions would remain) or whether the units are constructed solely at the discretion of the landowner (rental rate restrictions that presently apply would be eliminated). By removing the rental restrictions on non-inclusionary SDUs, the amendment request could potentially encourage the construction of market-rate SDUs but it would not change the existing development standards or regulations for such units. Based on City records, as of January 2013, the total number of existing dwelling units in the City is 45,566. At that same date, there have been only 219 second dwelling units Page 6 e City of Carlsbad LCPA# 3-11 Second Dwelling Unit Rent Restrictions constructed, representing 0.5% of the total number of dwelling units. The 219 SDUs includes both inclusionary units and those separately constructed by individuals with 80% of the current supply being inclusionary SDUs that will continue to be restricted and managed as part of the City's inclusionary program. In addition, out of the 219 existing second dwelling units, the total number of SDUs in the coastal zone is only 42 or 19% of the total. The City's Housing and Neighborhood Services Department completes an annual survey of SDUs and the last available report indicates that 28% of second units are rented; 44% of second units are used as housing for extended family and the remaining 28% were used for other purposes, such as a home office. Therefore, while such units have contributed to the City's overall affordable housing efforts, second dwelling units are not a substantial component. The City has determined that, for individual homeowners who elect to construct a second unit, it is overly burdensome to impose a requirement that the unit be rent restricted to low-income households. Given the relatively small number of second dwelling units presently constructed and the City's projection of a long term average of only 12 SDUs per year citywide (with only one-third of those expected in the coastal zone) to be constructed, even with the rent limitations lifted on individually constructed second units, no adverse impacts to coastal access or coastal resources are anticipated. The elimination of rental restrictions on non- inclusionary second units can be found in conformance with the certified land use plans. The City's LCP includes five different segments, including the Agua Hedionda Lagoon segment which remains uncertified. For the other four effectively certified segments, there are a number of LCP provisions that encourage visitor use priorities, provision of public access and scenic resource protection. Within the Mello II segment, which comprises the majority of the City's coastal zone, the following LUP policies would be most pertinent: POLICY 5-1 REGIONAL SEWAGE TRANSPORTATION SYSTEM The planned improvements to the regional sewage transportation system should be undertaken and completed. These improvements are necessitated by development beyond the coastal zone. POLICY 5-2 FUTURE SEWAGE TREATMENT Future treatment demands can be met by the combined effects of enlarging the Encina Water Pollution Control Facility and implementing the City of Carlsbad Wastewater Reclamation Master Plan. The City must participate in meeting growth demands beyond the coastal zone. POLICY 7-10 PARKING Parking standards set forth within the City of Carlsbad Zoning Ordinance are appropriate for the future development of various land uses. Page 7 e City of Carlsbad LCPA# 3-11 Second Dwelling Unit Rent Restrictions POLICY 7-13 VISUAL ACCESS Visual access over more than 80% of the Carlsbad coastline is unobstructed because of public ownership. No future public improvements which would obstruct this visual access shall be permitted. In general, the development of second dwelling units are not expected to generate significant land use issues. However, the Commission must be cognizant of coastal communities where serious public infrastructure limitations may exist or inadequate off- street parking supplies may create competition for public parking reservoirs and thus conflict with coastal access. In this instance, the numbers of second dwelling units in the City, and specifically in the coastal zone, are small and no adverse impacts to coastal resources are reasonably expected. As noted above, the proposed amendment does not modify any ofthe existing development standards for second units which include provisions that adequate water and sewer capacity be available and one additional paved off-street parking space is required for all second units. Garage conversions are prohibited unless replacement off-street garage parking is provided concurrently and in compliance with the City's parking regulations. In addition, much of the City's coastline is in public ownership, including the Carlsbad State Campgrounds, and other nearshore residential neighborhoods are largely built out and they would be unlikely areas for second dwelling units to be constructed. Therefore, the Commission finds the proposed amendment conforms with, and is adequate to carry out, the certified LUP. In terms ofthe City's affordablehousing efforts, the majority of second dwelling units constructed in the City are inclusionary SDUs and they will continue to have rent restrictions and be managed in the City's inclusionary program. Inclusionary SDUs will be secured and managed through the recordation of housing agreements with the City against the affected property. While the City has determined that the existing rental restrictions for non-inclusionary SDUs function as a disincentive and thus seeks to encourage broader development of second dwelling units in the City, future non- inclusionary units are still expected to serve as affordable housing. Given the size limits for second dwelling units (640 sf. or less), if rented out, they will still likely be moderately priced even in the coastal zone and the City expects many of these units will be credited to meet the City's housing mandate from the State Department of Housing and Community Development. In summary, the Commission finds that the proposed amendment can be found in conformance with the certified land use plans, protects affordable housing and will not adversely impact any coastal resources. PART IV. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 21080.5 of the California Environmental Quality Act (CEQA) exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its activities and approvals necessary for the preparation and adoption of a local coastal program. The Commission's Local Coastal Program (LCP) review and approval program has been found by the Resources Agency to be functionally equivalent Page 8 City of Carlsbad LCPA# 3-11 Second Dwelling Unit Rent Restrictions to the EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP. Pursuant to the City's own obligations under CEQA, the City determined that the subject LCP amendment was exempt from the requirements of the CEQA. Nevertheless, and the City's own determination ofCEQA exemption notwithstanding, the Commission is required in an LCP submittal or, as in this case, a LCP amendment submittal, to find that the approval ofthe proposed LCP, or LCP, as amended, does conform with CEQA provisions. In its action, as noted above, the City found that the proposed amendment is exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The proposed amendments herein are primarily procedural in nature, are not substantial and the Commission finds there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect on the environment. Furthermore, the Commission finds that the proposed amendment is unlikely to have any significant adverse effect on the environment. Therefore, the Commission finds that the subject LCP implementation plan, as amended, conforms with CEQA provisions. (G:\San Diego\LCPs\City ofCarlsbad\CAR-MAJ-3-11 (Second Dwelling Units) stfrpt.doc) Page 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-166 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE . AMENDMENT TO AMEND THE SECOND DWELLING UNIT RENT RESTRICTIONS LOCATED WITHIN CHAPTER 21.10 OF THE ZONING ORDINANCE. CASE NAME: SOU RENT RESTRICTIONS CASE NO.: ZCA 11-04/LCPA 11-05 Exhibit 1 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That sub-section 21.10.030.0.7 (R-1 One Family Residential Zone, Second dwelling units) is amended to read as follows: 7. An owner signed and notarized a Notice of Restriction, to be recorded against the property, declaring that: a. The property owner(s) shall reside in either the main dwelling unit or the second dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit; b. The obligations and restrictions imposed on the second dwelling unit per this Chapter are binding on all present and future property owners. SECTION 2: That sub-section 21.10.030.E.15 (R-1 One Family Residential Zone, Second dwelling units) is hereby repealed. SECTION 3: That second dwelling units approved under section 21.10.030 prior to the effective date of this ordinance shall be released from rental rate and/or tenant income restrictions imposed as a condition of their approval; except however, that unit rental rate and/or tenant income restrictions imposed on second dwelling units in accordance with chapter 21.85 (lnclusionary Housing) or other affordable housing assistance program, shall continue to be in force and effect according to the terms of said program. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until LCPA 11-05 is approved by the California Coastal Commission.) II II II INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Council on the 6th day of December 2011, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 4 Carlsbad on the 13th day of December, 2011, by the following vote, to wit: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Hall, Kulchin, Blackburn and Packard. NOES: None. ABSENT: Council Member Douglas. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY Q-.. Gii>Q,~ RONAl: R. BALL, City ~)torney I' :J../ I "cl(1f ATTEST: (SEAL) -2- ZCA 11-04/LCP A 11-05 SDU RENT RESTRICTIONS STRIKE-OUT/UNDERLINE1 ATTACHMENT 4 Section 21.10.030 (R-1 One Family Residential Zone, Second dwelling units) is proposed to be amended as follows: 21.10.030 Second dwelling units. A. The public good is served when there exists in a city housing which is appropriate for the needs of and affordable.to all members of the public who reside within that city. Among other needs, there is in Carlsbad a need for affordable rental housing. Therefore, it is in the public interest for the city to promote a range of housing alternatives in order to meet the affordable rental housing needs of its citizens. This section is intended to provide a rental housing alternative by establishing a procedure to create new second dwelling units. · B. The provisions of this section shall apply to single-family zones R-A, R-E and R- 1, areas designatedby a master plan for single-family detached dwellings in P-C zones.and lots within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single- family residences. C. Second dwelling units developed within the coastal zone require a minor coastal development permit issued according to the provisions ofS~ction 21.201.085 and a building permit. Second dwelling units outside of the coastal zone require a building permit. D. The completed minor coastal development permit and/or building permit application for a second dwelling unit shall include the following information: 1. The name(s) of the owner(s); 2. The address of the dwelling units; 3. The assessor's parcel number; 4. Building elevations and a general floor plan of the second dwelling unit; 5. A scaled drawing showing the lot dimensions, the location ofthe primary and second dwelling unit; location of all vehicular parking and the total square footage of both units; 6. Description and location ofwater and sanitary (sewer) services; and 7. An owner signed and notarized a Notice of Restriction, to be recorded against the property, declaring that: in eonformanee vfith 21.10.030.13.15 of this Chapter. a. The property owner(s) shall reside in either the main dwelling unit or the second dwelling unit. unless a lessee leases both the main dwelling and the second dwelling unit; b. The ob1igations and restrictions imposed on the second dwelling unit per this Chapter are binding on all present and future property owners. 1 The version of Section 2l.l0.030 shown in this exhibit was adopted by the City Council on 7127110 as part ofZCA 07-021 LCPA 07-03, but is still pending approval by the California Coas{a/ Commission and is not yet effective. To view the version ofSection 21.10.030 currently in effect, please see Agenda Bill No. 20,329 for ZCA 07-021 LCPA 07-03 or view the Carlsbad Municipal Code at www.carlsbadca.gav. I~ ATIACHMENT4 E. Second dwelling units shall comply with the following: 1. The second dwelling unit shall either be attached to the main dwelling unit and located within the habitable area of the main dwelling unit or detached from the main dwelling unit and located on the same lot as the main dwelling unit; 2. The second dwelling unit shall have a separate entrance; 3. The second dwelling unit must meet the setback, lot coverage and other development standards applicable to the zone which are not addressed within this subsection. In the coastal zone, any housing development processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density, or as otherwise specified within this subsection; 4. Attached second dwelling units shall conform to the height limits applicable to the zone and detached second dwelling units shall be limited to one story, except that second dwelling units constructed above detached garages shall be permitted and shall conform to the height limits applicable to the zone; 5. Garage conversions are prohibited unless replacement off-street garage parking is provided concurrently and in compliance with the requirement.s of Chapter 21.44; 6. Second dwelling units shall not be permitted on a lot or parcel having guest or accessory living quarte).'s, or a residential care facility. Existing guest or accessory living quarters may be converted into a second dwelling unit provided that all zoning and structural requirements are met; 7. One additional paved off-street (covered or uncovered) parking space shall be provided for the second dwelling unit and shall comply with the reqUirements of Chapter 21.44. The additional parking space may be provided through tandem parking (provided that the gara:ge is set back a minimum of twenty feet from the property line) or in the front yard setback; 8. Adequate water and sewer capacity and facilities for the second dwelling unit must be available or made available; 9. All necessary public facilities and services must be available or made available; 10. The second 'unit may be rented and shall not be sold separately from the main dwelling unit unless the lot on which such units are located is subdivided. The lot upon which the second unit is located shall not be subdivided unless each lot which would be created by the subdivision will comply with the requirements of this title and Title 20; and further provided, that all structures existing on each proposed lot will comply with the development standards applicable to each lot; 11. The total area of floor space for an attached or detached second unit shall not exceed six hundred forty square feet; 12. The second dwelling unit shall be architecturally compatible with the main dwelling unit, in terms of appearance, materials and finished quality; 13. A second dwelling unit which conforms. to the requirements of this section shall be allowed to exceed the permitted density for the lot upon which it is located and shall be deemed to be a residential use consistent with the density requirements of the general plan and the zoning designation for the lot; 14. Second dwelling units intended to satisfy an inclusionary requirement shall comply with the requirements of Chapter 21.85, including but not limited to the applicable rental I rates and income limit standards. · 15. The owner shall sign and notari~e a Notice of Restriction, to be recor-ded aga3nst \I -------~~~-~---, ATTACHMENT 4 the property, declaring that: a. . rf the second dwelling unit is rented, thE! monthly rental rate shall not exceed the allowable housing expense of a low ineome household (defined: Section 21.85.020). _ b. The property ovffler(s) shall reside in either the a1ain d'\'relling unit or the second dwelling unit, ualess a lessee leases both the main dwelling and the second dwelling unit; e. The obligations and restrietioas imposed on the seeond dwelling tiflit per this Chapter are binding on all present and future property owners. • Corey Funk From: Corey Funk Sent: Thursday, April 04, 2013 5:24 PM Lee, Deborah@Coastal; Don Neu To: Cc: Subject: Faust, Melanie@Coastal; David de Cordova; Jennifer Jesser RE: Second Dwelling Unit Rent Restrictions Attachments: ZCA 11-04 SDU Rent Restrictions. pptx Hello Deborah and Melanie, I am writing to respond to your questions related to the LCPA 11-05 SDU Rent Restrictions amendment (see below). Also, my powerpoint presentation is attached for your reference. Please let me know if you have additional questions. 1. Baseline Inventory: Since 10/19/11, we have issued building permits for 4 SDUs (none in CZ). The total number of SDUs in the CZ is 42, which represents 19% of the total 219 SDUs citywide. The numbers of SDUs permitted each year has been fairly constant and close to the average numbers below. I can also provide CZ numbers for the 8 year timeframe of Jan. 2005 to Dec. 2012 (#of SDU building permits): In cz- Out ofCZ- Total- 22 43 65 annual avg.-2.8 annual avg.-5.3 annual avg.-8.1 2. Projected Demand: Provided it meets the development standards (height, setbacks, lot coverage, etc.), SDUs are allowed on any single family lot in zones listed in CMC Section 21.10.030.8 (see below): The provisions of this section (21.10.030) shall apply to single-family zones R-A, R-E and R-1, areas designated by a master plan for single-family detached dwellings in P-C zones and lots within multifamily zones R-2, R-3, R-P, R-T, R-W and RD-M, which are developed with single-family residences. We do not know how many parcels in the city would meet these conditions. Our current housing element reported an average of 17 SDUs per year from 2003-2006. This is a higher average than recent years and can be attributed to the housing boom, while more recent years (see #1 above) may be lower than usual due to the lack of development activity after the boom. We believe it would be reasonable to assume a moderate increase in development activity in the near future and a reasonable long term average would be 12 per year citywide with 1/3 of those occurring in the CZ. We do not anticipate any significant demand increase due to these units no longer being rent restricted. In addition, LCPA 11-05 does not relax any development standards that would make it easier for SDUs to be built. 3. Context: As of January 2013, the total number of existing dwelling units is 45,566. The existing total of 219 SDUs constitutes 0.5% of the total number of existing dwelling units. We do not have data on the number of existing dwelling units located in the coastal zone. 4. Narrative: Our current housing element was adopted Dec. 2009, and was certified by the State Dept. of Housing and Community Development in March 2010. It covers a planning period timeframe of July 1, 2005 to April30, 2013, and we are drafting the next housing element as part of our general plan update process, which is currently underway. Certain programs in the current housing element require either amendments to our zoning 1 • ordinance or rezoning of pr.rty. All of these program implementatio.ions have been approved by our city council in recent years. Please note that while LCPA 11-05 was analyzed to ensure it does not conflict with our housing element goals, LCPA 11-05 does not implement any housing element programs. 5. Water Supply: We have no data on the amount of potable water used by an SOU as compared to typical residential units. 6. Public Service Capacity: On an individual project basis, applicants for SOU building permits are required by CMC Sections 21.10.030.0.8 and 0.9 to show that they have adequate water and sewer capacity and that all necessary public facility services are available. In addition, SOU building permits are assessed a sewer and water impact fees, which is used to fund adequate citywide sewer and water facilities. On a citywide basis, the 1994 zoning amendment allowing SOUs consistent with State Second Unit law (65852.150 and 65852.2) issued a negative declaration and found no significant environmental impact would occur, including impacts to citywide water and sewer availability. We are required to allow SOUs by state law unless we make findings that there is inadequate water or sewer service availability and no such findings were made. 7. Powerpoints: see attached. ,.~ ~{ ¥ CllY OF CARLSBAD &. Corey Funk, AICP Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 www .ca rlsbadca .gov P: 760-602-4645 F: 760-602-8559 corey.funk@carlsbadca.gov From: Lee, Oeborah@Coastal [mailto:Deborah.Lee@coastal.ca.gov] Sent: Thursday, March 21, 2013 1:53 PM 2 .. To: Corey Funk; Don Neu Cc: Faust, Melanie@Coastal Subject: Second Dwelling Unit Rent Restrictions Hi Corey, unfortunately, due to our backlog of LCP amendments, ongoing state furloughs and staff turnover here, we're just getting to work on the City's LCP amendment for "second dwelling unit rent restrictions" and it has to be acted on no later than our May hearing. Our agency is trying to be creative and more proactive in dealing with the LCP demands and we're utilizing resources and staff in our Statewide Planning Unit to try and work on some of these items. In addition to helping our district offices "catch up", the effort could also assist us in providing regional and/or statewide guidance to our planners, as well as interested local governments. The Commission is seeing a multitude of housing- related amendments from coastal communities and it's not expected to slow down any time soon. I had contacted Don last week about this approach; I don't know if he had a chance to mention it to you or not. The staffmember who has been assigned to this effort is Melanie Faust; she is a Senior Coastal Planner and has a lot of expertise and knowledge about this subject to share with us. So, by way of this e-mail, I wanted to "introduce" her to you- The positive element of this approach is utilizing our resources in a smarter way and getting our review of these amendments completed. The challenging element in a broader statewide review is addressing all the issues that could arise from different jurisdictions (resource protection measures; water/public service capacity; traffic demands; public access; priority uses; etc.). In addition to our own staff turnover agencywide, we have several new commissioners and we need to anticipate and try to answer the full range of questions that may come. So, getting some baseline information from you will really help us to develop the staff recommendation and prepare our report. I realize that for this particular item among your pending housing-related submittals, the City found the amendment did not necessitate preparation of any environmental documents. In that light, you may not have specific info available but to the extent you do or it can be easily obtained, we'd appreciate your responses to the following questions- !. Baseline inventory: Your 10/19/11 PC report identified 215 total existing SDUs (176 inclusionary/39 non- inclusionary). Do you have any updated numbers? Have the numbers of SDUs been fairly constant? Do you have the numbers for SDUs in the coastal zone alone? 2. Projected Demand: Does the City know how many residential lots exist that may qualify for an SDU? Although currently less than a quarter of the existing units are non-inclusionary, do you have any estimate/projection of how many additional SDUs might be sought once the rent restrictions are lifted? If yes, please explain. 3. Context: How many residential units exist in the City? Do you have numbers for coastal zone? 4. Narrative: Can you please give us a brief narrative on the status of your Housing Element and HCD compliance? 5. Water Supply: How many gallons per day of potable water is needed for second dwelling units as compared to a typical residential unit? 6. Public Service Capacity: Has the City identified any public service demands (water/sewer availability) related to SDUs or other proposals for increased residential density? 7. Powerpoints: In the minutes that were submitted, there's reference to powerpoint presentations that staff utilized. Could you share those with us; they might be helpful. I think that's it. If you have any questions, please let me know and Melanie may also be in touch with you. Again, thanks in advance for your assistance! Deborah Deborah N. Lee District Manager California Coastal Commission San Diego Coast District 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108 (619) 767-2370 (619) 767-2384 Fax Deborah.Lee@coastal.ca.gov 3 STATE OF CALIFORNIA-THE RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 IMPORTANT PUBLIC HEARING NOTICE CITY OF CARLSBAD LOCAL COASTAL PROGRAM AMENDMENT NO. 3-ll(Second Dwelling Unit Rent Restrictions) TIME EXTENSION HEARING TIME AND LOCATION: DATE: TIME: LOCATION: SUBJECT: Wednesday, May 9, 2012 9:00a.m. Marin County Civic Center Board of Supervisors Chambers 3501 Civic Center Drive, Room 330 San Rafael, CA 94903 (415) 407-3211 City of Carlsbad LCP Amendment No. 3-11 (Second Dwelling Unit Rent Restrictions) Time Extension. Public hearing and action to extend the time limit for Commission action up to one year on request by City of Carlsbad to amend the LCP Implementation Plan that involves a citywide revision to the City's Municipal Code which addresses the application of rent restrictions on second dwelling units. Questions regarding the report or hearing should be directed to Deborah Lee, District Manager, San Diego Coast District Office at (619) 767-2370. (G:\San Diego\Reports\LCPs\Carlsbad\CAR LCPA 3-11 (Second Dwelling Unit Rent Restrictions) time extNOTICE.doc) STATE OF CALIFORNIA-THE NATURAL RESOURCES AGE-EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVjO, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 WlOa TO: Commissioners and Interested Persons DATE: April2 CITY OF CARLSBAD APR 3 0 2012 pij~ING DEPARTMENT FROM: Staff SUBJECT: Request to Waive Time Limit for City of Carlsbad LCP Amendment No. 3- 11 (Second Dwelling Unit Rent Restrictions) for the Commission Meeting ofMay 9-10,2012 On March 20,2012, the City of Carlsbad Local Coastal Program (LCP) Amendment #3-11 was filed in the San Diego District office. The amendment involves a citywide revision to the City's Municipal Code which addresses the application of rent restrictions on second dwelling units. The proposed amendment will only affect the certified LCP implementation plan. Pursuant to Section 30513 of the Coastal Act, the Commission must act on implementation plan amendments within 60 days of filing. Based on the above-cited time limits, the proposed LCP amendment must be scheduled for review by the Commission at the May 2012 meeting. However, Section 30517 ofthe Coastal Act and Section 13535(c) ofthe California Code of Regulations state that the Commission may extend for good cause any applicable time limits for a period not to exceed one year. Commission staff is requesting the time extension due to insufficient staff time to adequately review the amendment and prepare a recommendation. In addition, there are a number of other pending LCP amendments that are already filed in the office. Staff recommends the Commission extend the 60-day time limit for one year. MOTION: I move that the Commission extend the 60-day time limit to act on the City of Carlsbad LCP Amendment No. 3-11 for one year. STAFF RECOMMENDATION: Staff recommends a YES vote. An affirmative vote of the majority of the Commissioners present is needed to pass the motion. (G:\San Diego\Reports\LCPs\City of Carlsbad\CAR LCPA 3-11 (Second Dwelling Unit Rent Restrictions) time ext. doc) •• ... (~CITY OF ~~r CARLSBAD Planning Division March 15, 2012 Deborah Lee San Diego Coast District California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4402 www.carlsbadca.gov SUBJECT: PROPOSED CARLSBAD LCP AMENDMENT NO. 3-11 (SECOND DWELLING UNIT RENT RESTRICTIONS) Thank you for your letter dated February 13, 2012 responding to the City of Carlsbad's submittal of LCPA No. 3-11. The following information is provided in response to the outstanding items that were outlined in your letter: • Background for the amendment is provided in the enclosed document titled "Background for LCPA No. 3-11 Second Dwelling Unit Rent Restrictions" is enclosed. • A signed and executed copy of Ordinance No. CS-166 is enclosed. • A copy of the City Council minutes for the Dec. 6, 2011 hearing is enclosed. • Public comment confirmation: No written, email or verbal comments were received during either the Planning Commission or City Council hearings or their respective public notice periods. One phone inquiry was received after the LCPA notice in September 2011. The person was supportive of the proposed amendment and requested a copy of the draft code changes. If you have any questions, or require additional information, please feel free to contact me at 760~602-4645. Thank you for your consideration. Sinctt::: COREY FUNK, AICP Associate Planner enc c: Don Neu, City Planner David de Cordova, Principal Planner Jennifer Jesser, Senior Planner Kevin Pointer, Associate Planner File 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ... Background for LCPA No. 3-11 Second Dwelling Unit Rent Restrictions In December 2011, the Coastal Commission approved Carlsbad LCPA No. 2-108, which consisted of various amendments to Carlsbad's Zoning Ordinance. One of the amendments required that an owner of a second dwelling unit (SDU) must sign a Notice of Restriction declaring that, if the second dwelling unit is rented, the monthly rental rate shall not exceed the allowable housing expense of a low-income household. The low-income rent restriction for SOUs has been in place since 1994; the amendment approved through LCPA No. 2-108 changed the previous requirement for an affidavit declaring the unit will be affordable to low- income households to a Notice of Restriction declaring the same. Prior to the city's submittal of LCPA 2-108 to the Coastal Commission, the Carlsbad Planning Commission reviewed the proposed Zoning Ordinance amendments on June 2, 2010. The Planning Commission voted to recommend to the City Council approval of the amendments; however, some commissioners expressed concern that restricting the rent of SOUs may impose a hardship on individual homeowners and the commission agreed to discuss the matter at a future meeting. The Planning Commission discussed the issue on July 21, 2010 and considered that, for individual homeowners who elect to construct a SOU, it is overly burdensome for the city to impose a requirement that the SOU be rent restricted to low-income households, particularly when such a restriction is not required by state law (which mandates that a local jurisdiction allow SOUs by right). The Planning Commission agreed that a low-income rent restriction for SOUs should only be required if a residential developer builds SOUs in order to comply with the city's inclusionary housing ordinance; and the commission directed staff to prepare the necessary amendments to the Zoning Ordinance and Local Coastal Program. If a developer proposes to comply with inclusionary housing requirements through provision of SOUs, they must record an affordable housing agreement and sign a Notice of Restriction that restricts the SOUs to low-income households. This is an existing requirement that will not be changed by LCPA No. 3-11. If approved by the Coastal Commission, LCPA No. 3-11 will enable individual homeowners to construct SOUs without a restriction on the amount of rent that can be charged for the unit. ~ .. ·" 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-166 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE · . CODE . AMENDMENT TO AMEND THE SECOND DWELLING UNIT RENT RESTRICTIONS LOCATED WITHIN CHAPTER 21.10 OF THE ZONING ORDINANCE. CASE NAME: SDU RENT RESTRICTIONS CASE NO.: ZCA 11-04/LCPA 11-05 Exhibit 1 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That sub-section 21.10.030.D.7 (R-1 One Family Residential Zone, Second dwelling units) is amended to read as follows: 7. An owner signed and notarized a Notice of Restriction, to be recorded against the property, declaring that: a. The property owner(s) shall reside in either the main dwelling unit or the second dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit; b. The obligations and restrictions imposed on the second dwelling unit per this Chapter are binding on all present and future property owners. SECTION 2: That sub-section 21.10.030.E.15 (R-1 One Family Residential Zone, Second dwelling units) is hereby repealed. SECTION 3: That second dwelling units approved under section 21.10.030 prior to the effective date of this ordinance shall be released from rental rate and/or tenant income restrictions imposed as a condition of their approval; except however, that unit rental rate and/or tenant income restrictions imposed on second dwelling units in accordance with chapter 21.85 (lnclusionary Housing) or other affordable housing assistance program, shall continue to be in force and effect according to the terms of said program. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until LCPA 11-05 is approved by the California Coastal Commission.) II II II INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Council on the 61h day of December 2011, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 4 Carlsbad on the 131h day of December, 2011, by the following vote, to wit: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Hall, Kulchin, Blackburn and Packard. NOES: None. ABSENT: Council Member Douglas. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY ~--Ge>R.~ RONAl: R. BALL, City ~)torney I':J./1¥(1( ATTEST: (SEAL) -2- ..• . , December 6, 2011 Carlsbad City Council Meeting Page 3 8. AB #20.737-AMEND CARLSBAD MUNICIPAL CODE TO DELETE AND REPLACE JOB TITLES. City Attorney Ron Ball titled the Ordinance. ACTION: AYES: NOES: PUBLIC COMMENT: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-164, amending the Carlsbad Municipal Code, to replace job titles and department n·ames affected by the organization realignment in specific sections of the Carlsbad Municipal Code. Hall, Kulchin, Blackburn, Douglas and Packard. None. Michael McSweeney, representing BIA San Diego County, came forward to address Council requesting adoption of by right fee deferral ordinance. Council Member Douglas requested that this item be put on a future workshop agenda. France Marie Haeger, Encinitas, came forward to address Council regarding the process and costs for art instructors with the City of Carlsbad Recreation Department. Diane Nygaard, representing Preserve Calavera, came forward to address Council regarding the Buena Vista Lagoon restoration project. Julie Baker, Carlsbad, came forward to address Council regarding the California Energy Commission's public hearing for the proposed power plant in Carlsbad. Walt Meier, Carlsbad, came forward to_ address Council regarding fluoride in municipal water~ PUBLIC HEARING: 9. AB #20,749-SDU RENT RESTRICTIONS. Associate Planner Corey Funk gave the staff report and Power Point presentation, on file in the office of the City Clerk. Mayor Hall opened the duly noticed public hearing at 6:43 p.m. Seeing no-one wished to speak, Mayor Hall closed the public hearing at 6:43 p.m. City Attorney Ron Ball titled the Ordinance. ACTION: ~: NOES: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2011-274, approving an amendment to the Carlsbad Local Coastal Program to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance. Hall, Kulchin, Blackburn, Douglas and Packard. None. December 6, 2011 ACTION: AYES: NOES: Carlsbad City Council Meeting Page4 On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-166, approving a zone code amendment to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance. Hall, Kulchin, Blackburn, Douglas and Packard. None. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT BOARD. Mayor Hall adjourned to the Joint Special Meeting of the City Council and Carlsbad Municipal Water District Board at 6:44 p.m. with five members present. RECONVENE CITY COUNCIL MEETING: Mayor Hall reconvened the City Council Meeting at 9;03 p.m. with five members present. DEPARTMENTAL AND CITY MANAGER REPORT: 16. AB #20.753-PURCHASE OF ARMORED RESCUE VEHICLE. Mayor Hall announced that the Council was fully briefed on this item. ACTION: AYES: ~: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2011-279, accepting Homeland Security Grant Program (HSGP) funds; and, authorizing the Police Chief or his designee to execute any and all documentation associated with grant funding; and, appropriating the funds to purchase an armored response vehicle. Hall, Kulchin, Blackburn, Douglas and Packard. None. COUNCIL REPORTS AND COMMENTS: Mayor Hall and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. ANNOUNCEMENTS: ·Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, December 7, 2011 -2:00 p.m. to 5:00 p.m. Holiday Open House hosted by Assemblyman Martin Garrick and Senator Mark Wyland 1910 Palomar Point Way Carlsbad, CA. ,., • , 4 -STATE OF CALIFORNIA-THE NATURAL RESOURCES A CY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 Corey Funk, AICP Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Proposed Carlsbad LCP Amendment No. 3-11 (Second Dwelling Unit Rent Restrictions) Dear Mr. Funk, In response to your cover letter, dated December 14, 2011, this letter addresses the status ofthe City of Carlsbad's second amendment submittal (City reference LCPA 11-05) for last year. An earlier resubmittal of the City's proposed regulations on non-conforming structures and uses was not counted towards the City's limit of three LCP amendments each calendar year. The subject amendment request was received here on December 16, 2011. I apologize for the delay in this letter; however, between the holidays and a number of other end of the year submittals, we have had to take additional time to review multiple requests. The amendment consists of a few changes to the City's certified Municipal Code relative to Second Dwelling Units, specifically Section 21.1 0.030, to eliminate the low income rental restrictions on second dwelling units that were not built as part of the City's Inclusionary Housing Ordinance. No other changes are proposed and no revisions are proposed to the certified land use plan(s). Therefore, the amendment request only affects the certified implementation plan. Section 13553 of the California Code of Regulations states "[a]n amendment to a certified LCP or LRDP together with all necessary attachments and exhibits shall be deemed "submitted" after having been received and found by the executive director of the Commission to be in proper order and legally adequate to comply with Public Resources Code Section 3051 O(b ). Said review shall be completed within a reasonable time, but unless there are unusual circumstances, no later than ten (1 0) working days after the date it is received in the Commission offices during normal working hours [ ... ]". Due to existing LCP workload, staffing constraints and the holidays, we have had to take additional time to review this and other submittals. As of the date of this letter, the amendment is not complete or deemed filed. The following paragraph describes the outstanding items for this submittal. Although the amendment request is not deemed filed at this point, this submittal was well-organized and provided most of the critical items. There are just a few outstanding • City of Carlsbad Second Dwelling Unit Rent Restrictions February 13, 2012 Page 2 items. First, and most importantly, we need a signed and executed copy of Ordinance No. CS-166. We received an executed copy of the City's Resolution but the ordinance document was unexecuted. In addition, we need a copy of the City Council minutes for the December 6, 2011 hearing. In the Council report and Planning Commission minutes, it was noted that there were no public speakers at the Planning Commission hearing. Absent the City Council minutes, we do not know if there were speakers present at that hearing. In addition to the Council minutes, please confirm that there were no other written comments, including e-mail correspondence, provided during the local review. If there were any written comments, please forward them. There was little background in the Council or Planning Commission reports on the reasons for this requested change. Just as a point of information, could you provide a brief summary or rationale for the proposed amendment in case questions arise? It would be appreciated. Once we receive the identified items, the request will be deemed complete. We appreciate your assistance and patience and thank you in advance for your attention to providing the above information. Please call me if you have any questions or need to discuss the above mentioned items. cc: Sherilyn Sarb DonNeu Toni Ross ~7&~ Deborah N. Lee District Manager (G:\San Diego\Reports\LCPs\Carlsbad\CAR LCPA 3.11 Second Dwelling Unit Rent Restrictions nonfiling ltr.doc) ... fv\ru!J.G{ It 1lc; } I\ _df~_A. C I T Y 0 F VcARLSBAD FiLE COPY Planning Division www.carlsbadca.gov December 14, 2011 Deborah Lee San Diego Coast District California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4402 SUBMITIAL: CARLSBAD LOCAL COASTAL PROGRAM AMENDMENT (LCPA): 2-11 Please find enclosed the second City of Carlsbad LCPA package for the 2011 calendar year. The LCPA submittal involves the project identified below. Project Name LCPA File#: SOU Rent Restrictions LCPA 11-05 Please process this application as the second Local Coastal Program Amendment for the City of Carlsbad for the 2011 calendar year. If you have any questions, or require additional information, please feel free to contact me at (760) 602-4645. Thank you for your consideration. COREY FUNK, AICP Associate Planner enc c: Gary Barberio, Community & Economic Development Director Don Neu, City Planner David de Cordova, Principal Planner Jennifer Jesser, Senior Planner Kevin Pointer, Associate Planner File 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ' SENDER: COMPLETE THIS SECTION • cAste items 1, 2, and 3. Also complete it~if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: DEBORAH LEE SAN DIEGO COAST DISTRICT CALIFORNIA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 If YES, enter delivery address below: 0 Express Mail 3. Service Type 2!1=certified Mail 0 Registered 0 Insured Mail jii:lleturn Receipt for Merchandise OC.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (T""'fJsfer from service labeQ 7010 1670 0002 4348 2713 Domestic Return 1 02595·02-M-154C Corey Funk From: Sent: To: Frank Boensch Friday, August 19, 2011 8:56AM Corey Funk Subject: FW: Fair Market Rents (FMRs) and Payment Stds effective 10/01/2010 Cory, Got your phone message and called back but you are out until wed. I spoke to Bobbi and she explained below further. She also noticed that she gave me the wrong number for the Carlsbad effective FMR for studios. It is 1075 not 1004. Call when you get back and I'll fill you in. FB From: Bobbi Nunn Sent: Thursday, August 18, 2011 9:34AM To: Frank Boensch Subject: Fair Market Rents (FMRs) and Payment Stds effective 10/01/2010 Effective October 1, 2010, these are the HUD determined FMR amounts based on the 40th percentile calculation for the entire county of San Diego: Bdrm Sz: 0 1 2 3 4 San Diego-Carlsbad-San Marcos, CA MSA ............. $1004 $1149 $1406 $1999 $2470 These are the payment standards that we have adopted for Carlsbad effective Oct 1, 2010: Bdrm Sz: 0 1 2 3 4 $1004 $1228 $1559 $2067 $2493 HUD has not published the proposed FMRs for October 1, 2011. Once these amounts are published, we will re-assess the payment standards compared to the FMRs and the area market rents. Let me know if you have any questions. BobbiNunn Housing Program Manager ~~ ~ CIH OF CARLSBAD Housing & 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 P: 760-434-2816 1 • (~~CITY OF • CARLSBAD Memorandum August 9, 2011 To: Debbie Fountain, Housing & Neighborhood Director From: Courtney Enriquez, Management Analyst Re: Second Dwelling Units Staff has recently completed the Annual Certification of Second Dwelling Units within the City of Carlsbad. Staff distributed a survey to 215 homeowners of properties with second dwelling units. Of the returned certifications, 62 were completed by original homeowners. Total Mailed .......................................................... 215 Total Returned ........................................................ 152 Return Percentage .................................................... 71% After reviewing the returned certifications, staff discovered that 43 (28%) second dwelling units are currently being rented. The annual certifications indicated that second dwelling units are being rented for an average of $1,006 per month, with a maximum allowable rent of $1,010 for a unit built after the year 2004 and $1,154 for a unit built before the year 2004. A majority of the units rented are to single person households, although nine of the rented second dwelling units have more than one occupant. An additional 66 responses (44%) indicated that the second dwelling unit is being used as housing for extended family members, with minimal to zero rent being paid. Providing the second dwelling unit as a housing option to extended family members is a use which also assists the City in meeting its affordable housing needs. Of the received certifications, a total of 109 survey responses (72%) indicated that the second dwelling units were being used for housing purposes (rental units or extended family residences). A total of 43 certifications (28%) indicated that the units are being utilized for purposes other than rentals or residences for extended family members, often times those units are being used to meet other needs of the property owner. The following were listed as other uses for the second dwelling units: • Family recreation room • Guest accommodations • Home office A comment section was provided at the conclusion of the survey for homeowners to provide further information. A handful of homeowners have stated that they consider the second dwelling unit to be an extension of their home and utilize it as such. Meanwhile, other homeowners have indicated that they have no intention of renting their second dwelling units. Housing & Neighborhood Services 2965 Roosevelt St., Suite B I Carlsbad, CA 92008 I 760-434-2810 I 760-720-2037 fax I www.carlsbadca.gov August 9, 2011 Page 2 • Staff continues to support the use of second dwelling units as an affordable housing alternative for Carlsbad residents. Courtney Enriquez Attachments: CC: • Annual Certification Survey • Certification Survey Spreadsheet Frank Boensch, Senior Management Analyst Corey Funk, Associate Planner Q 2011 ANNUAL CERTIFICATION OF SECOND DWELLING UNIT Please complete the following survey and return by July 25, 2011. 1. What year was your home built?------- What year was your 2nd Dwelling Unit built?------- 2. How long have you owned the property?------ 3. Are you the original (first) owner of the property? __ Yes __ No 4. Do you, the property owner, live in the Main Residence, the 2nd Dwelling Unit or another Residence? Main Residence __ 2nd Dwelling Unit Another Residence 5. Have you made any modifications to the 2nd Dwelling Unit or converted your Unit to another use?_ Yes No If so, please provide a brief explanation of the changes you have made or the conversion of use ____________________ _ 6. If you do not reside in the Unit, is it currently being rented? __ Yes No 7. If rented, what is the monthly rent currently being charged for the 2nd Dwelling Unit? $ ___ _ 8. If not rented now, have you previously rented the 2nd Dwelling Unit? ____ Yes No 9. If you currently rent the Unit or have rented it in the past, how long have you rented your 2nd Dwelling Unit? ___ Years Months 10. If the Unit is rented, how many people currently reside in the 2nd Dwelling Unit? __ _ Number of Persons 11. Does your tenant pay separate utilities or are the utilities incorporated into the rent? ____ separate utilities incorporated into rent 12. Is onsite parking available to the tenant? ____ onsite parking off-site, street parking '---.....,> ._I --> ._I --> ~-.I --> ~-.I -----,> turn over to complete the survey 13. If you do not rent the Unit, what is the 2"d Dwelling Unit used for? ___ Home Office ____ Guest Accommodations ____ Family Recreation Room ____ Extended Family Residence ___ Other. Please list: _________________ _ We would be pleased to hear from you on any other comments you might have on the 2"d Dwelling Units and their use to meet the affordable housing needs of low income households within the City of Carlsbad: Under penalty of perjury, I hereby certify that I have completed the aforementioned and this certification contains a full, true and correct statement and all relevant information regarding the subject Second Dwelling Unit on my property. NAME (please print) PROPERTY ADDRESS OF SECOND DWELLING UNIT SIGNATURE OF PROPERTY OWNER DATE Corey Funk From: Frank Boensch Sent: To: Wednesday, August 03, 2011 3:05 PM Corey Funk Subject: RE: SOU research Attachments: Affordable Housing Agreement-2nd Dwelling Units 2011.doc See below and call me about it if you will. Thanks, FB From: Corey Funk Sent: Monday, August 01, 2011 2:57 PM To: Frank Boensch; Courtney Enriquez Subject: SDU research Hi Frank and Courtney I am working on a project that proposes to amend the zoning ordinance by removing the requirement that second dwelling units must be rented to low income tenants for all SDUs built by individual homeowners. This requirement would be maintained for SDUs built by developers to comply with inclusionary requirements. Could I ask you guys for some help answering the following questions? 1. What is the total number of existing SDUs in Carlsbad? 215 2. How many were built by developers for purposes of complying with inclusionary requirements (inclusionary SDUs) verses built by an individual homeowner (non-inclusionary SDUs)? 176 for inclusionary 3. For inclusionary SDUs, does the developer sign an affordable housing agreement that gets recorded on the property title? If so, can I get a copy of a sample agreement or template? Yes, see attached. 4. Does your department income qualify the tenants for all SDUs or just inclusionary SDUs? None of them. 5. How many SDUs are rented to low income tenants verses being used for some other purpose? Do you have this information for both inclusionary and non-inclusionary SDUs? Courtney will get this to you probably on Monday after she receives the rest of the annual certifications that are due on Friday. 6. Currently, our zoning ordinance has a requirement that if an SOU is rented, it must be rented to a low income tenant. How is this rule practiced? Does it apply to all SDUs, or just non-inclusionary SDUs? We monitor this by sending out annual certification surveys that owners return stating what they are using the unit for how much rent is if rented. Done for all SOU properties. 1 a. If it applies only to nlinclusionary SDUs, does this mean that it.andatory that all inclusionary SDUs be rented at all times to a low income tenant (instead of being used as a guest house or as a residence for a grandmother, etc.)? Any of them can be used as guest house or for granny. b. Is this requirement part of the affidavit (signed by owners for non-inclusionary SDUs) and affordable housing agreement (signed by developers for inclusionary SDUs)? Not sure what requirement you mean on this one. Annual Certification or rental requirement. I don't have an urgent deadline for this information, but if you were able to get back to me 2-3 weeks, that would be great. Feel free to give me a call if you have any questions or need me to clarify anything. Also, I may come up with additional related questions as I work on the project. Thanks for your help researching this info, I appreciate it. ,~~ "" .. ~ CITY OF CARLSBAD Corey Funk, AICP Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad,CA 92008 www.carlsbadca.gov P: 760-602-4645 F: 760-602-8559 corey.funk@carlsbadca.gov 2 Address 6355 Paseo Descanso 3016 Via Conquistador 2035 Cordoba Place 3-ncho Companero 3554 Camino Arena 2884 Via Conquistador 2435 Unicornio Street 2235 Nob Hill Drive 4370 Tuolumne Place 1710 Magnolia Ave 5536 Foxtail Loop 2430 Buena Vista Circle 14520akAve .rborDr 3216 Rancho Companero 3881 Highland Dr 5169 El Arbol Dr 2930 Austin Terrace 5569 Coyote Court 6290 Paseo Callado 6271 Paseo Cailado Zip Code 92009 92009 92008 92009 92009 What year was the home built? 2001 2001 1970 2000 1999 What year was the 2nd DU built? 2001 2001 2010 2000 1999 92009 2001 2001 92009 don't know don't know 92008 1970 2005 92010 1988 2007 92008 1973 2006 92010 2002 2002 92008 1948 2009 92008 1970 2001 92008 1957 2009 92009 2000 2000 92008 1925 1990 92008 1950 2001 92008 2001 2001 92010 2003 2003 92009 2000 2000 92009 2001 2001 How long have you owned your property? 9 years 9 years 4 years 7 years 7 years 8 years 2 years 41 years 6 years 15 years 9 years 8 years 6years 34 years 5 years 35 years 16 years 10 years 8years 2 years 10 years Original Property Where do you live? Owner? yes no no no no no no yes no main residence, sou main residence main residence, sou main residence, sou main residence, sou main residence, sou main residence main residence main residence no another residence yes no no no no no ··~ yes yes no yes main residence main residence main residence sou main residence main residence main residence main residence main residence main residence main residence, sou 2011 ANNUAL CERTIFICATION, SECOND DWELLING UNITS Modifications Do you rent or the Znd Conversions? Unit? no no no no no no no no no no no no no no no yes no no no yes no yes no no no yes no no no no no no no no no no no yes no no no no Monthly rent? n/a n/a n/a n/a n/a n/a n/a $800.00 n/a $400.00 $1,000.00 n/a $995.00 n/a n/a n/a n/a n/a $1,000.00 n/a n/a If not rented now, has it been rented in the past? no no no yes no no no n/a no n/a n/a no n/a no no no no no n/a no no Does your tenant How long If rented, how Is onsite parking pay separate available to the If you do not rent, utilities or are have you rented the many people live in the 2nd Unit? the utilities tentant? Or do what is the 2nd Comments? Znd Unit for? incorporated into they park off Unit used for? n/a n/a n/a 2 years n/a n/a n/a 6 years n/a 5 years 3 years n/a 5 years n/a n/a n/a n/a n/a 10 months n/a n/a the rent? site? n/a n/a n/a n/a n/a n/a n/a n/a n/a 2 incorporated into onsite parking rent n/a n/a n/a n/a n/a n/a n/a n/a n/a 2 separate utilities onsite parking n/a n/a n/a 1 separate utilities onsite parking 1 incorporated into onsite parking rent 1 n/a onsite parking 1 separate utilities onsite parking n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 1 incorporated into off-site, street rent parking n/a n/a n/a n/a n/a n/a home office, guest accomodations, family recreation room extended family residence, guest accomodations extended family residence extended family residence home office, guest accomodations extended family residence, guest accomodations guest accomodations n/a guest accomodations n/a n/a extended family residence n/a extended family residence extended family residence, guest accomodations extended family residence extended family residence Love it! Currently rented but has been used for extended familv in the past. Mother-in-law lives rent-free. extended family It's a terrific ground floor granny flat for our 90+ residence vear old parents. n/a extended family residence, guest accomodations extended family residence, guest We use as part of house. accomodations 08/08/2011 Address 3444 Seacress Dr 2803 Rancho Diamonte 1440 Buena Vista Way 2436 Badger Lane 3922 May Court 6456 Paseo Cerro 6257 Paseo Privado 3205 Rancho Milagro 3850 Polly Lane 3475 Sitio Borde 1166 Larkspur Lane 5523 Foxtail Loop 1306 Pine Avenue 2411 Buena Vista Circle unknown unknown 1186 Larkspur Lane 3886 Westhaven Drive Zip Code 92008 92009 92008 92010 92008 92008 92009 92009 92009 92008 92009 92008 92010 92008 92008 unknown unknown 92008 92008 What year was the home built? 1963 1999 1960 2003 2007 2001 1992 2000 2001 1973 1987 1961 2006 2006 1948 2001 2000 1961 1953 How long What year was the 2nd have you DU built? owned your property? 2008 28 years 1999 12 years 2008 8 years 2003 3 years 2007 21 years 2001 10 years 1992 19 years 2000 9years 2001 6 years 1999 33years 2005 24 years 2005 16 years 2006 1 year 2006 34 years 2006 21 years 2001 2001 2000 6 years 2005 24 years 2008 10 years Original Property Where do you live? Owner? no yes no no yes yes yes no no no yes no no yes no yes no no no main residence main residence main residence main residence main residence main residence main residence main residence, sou main residence main residence main residence sou main residence main residence main residence main residence main residence, SDU main residence main residence 2011 ANNUAL CERTIFICATION, SECOND DWElliNG UNITS Modifications Do you rent or the 2nd Conversions? Unit? no yes no no no yes no no no no no yes no no no no no no no no no no no no no no no yes no no no no no no no yes no no Monthly rent? $1,228.00 n/a $1,075.00 n/a n/a $1,000.00 $1,000.00 n/a n/a n/a n/a n/a n/a $850.00 n/a n/a n/a $1,000.00 n/a If not rented now, has it been rented in the past? no no n/a yes no n/a n/a no n/a no no no no n/a no no no n/a no Does your tenant If rented, how have you Is onsite parking pay separate available to the If you do not rent, utilities or are How long rented the many people live in the 2nd Unit? the utilities tentant? Or do what is the 2nd they park off Unit used for? 2nd Unit for? incorporated into site? 7 months n/a 3 years 1 year 1 month n/a 10years 3 years n/a n/a n/a n/a n/a n/a 4years n/a n/a n/a 6years n/a the rent? 1 incorporated into onsite parking rent n/a n/a n/a 2 incorporated into onsite parking rent n/a n/a n/a n/a 1 incorporated into rent 1 incorporated into rent n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a off-site, street parkinR n/a off-site, street parking off-site, street parking n/a n/a onsite parking n/a n/a n/a 1 incorporated into onsite parking rent n/a n/a n/a n/a n/a n/a n/a n/a n/a 1 separate utilities onsite parking n/a n/a n/a n/a guest accomodations n/a other: empty extended family residence, home office, guest accomodations, family recreation n/a n/a extended family residence, home office guest accomodations extended family residence extended family residence, guest accomodations home office extended family residence, guest accomodations n/a guest accomodations home office, guest accomodations extended family residence n/a extended family residence Comments? My income has df()pped considerably and it has helped me survive this economy by living in the SOU and renting out my house. I am a realtor and my 2 children have moved from the house. 08/08/2011 Address 2618 Levante Street 2929 Via Pepita 3571 Corte Rosado 3-ncho Companero 6214 Paseo Alta Rico 4331 Hillside Drive 3925 Holly Brae Lane 2934 Austin Terrace 1020 Knowles Ave 3265 Ridgecrest Dr 5343 El Arbol Drive 6-seo Alta Rico 2954 Paseo Cazador 2648 Marmol Court 1200 Chinquapin Ave 2808 Carrillo Way 2380 Jefferson 2896 Via Conquistador 3580 Highland Drive Zip Code 92009 92009 92009 92009 92009 92008 92008 92008 92008 92008 92008 92009 92009 92009 92008 92009 92008 92009 92008 What year was the home built? 1974 1986 2000 2001 2000 1978 2003 2001 1947 1960 1954 not sure 2000 2003 2007 2003 2002 2001 2002 How long What year was the 2nd have you DU built? owned your 2011 2005 2000 2001 2000 2003 2009 2001 2001 2008 2006 not sure 2000 2003 2007 2003 2002 2001 2002 property? 14years 13 years 2 years 5 years 10 months 10 years 9years 6 years 12 years 27 years 5 years 5 years 5 months 11 years 13 years 37 years 5 years 6 years 10 years 4 years Original Property Where do you live? Owner? no no no no no no yes no no no no no no no yes no no yes main residence main residence main residence main residence another residence (propertyw as vacant for 2 years, we are currently rehabing & will move in when ready) main residence main residence main residence, main residence main residence main residence main residence main residence main residence main resdience main residence main residence main residence, sou no another residence 2011 ANNUAL CERTIFICATION, SECOND DWELLING UNITS Modifications Do you rent or the 2nd Conversions? Unit? no no no no no no no no no no no yes no no no no no no no no no yes no no no no no no no no no no no no no no no no Monthly rent? n/a n/a n/a n/a n/a $980.00 n/a n/a n/a n/a $1,000.00 n/a n/a n/a n/a n/a n/a n/a n/a If not rented now, has it been rented in the past? no no no no no n/a no no no no n/a no no no no no yes no no If rented, how Does your tenant Is onsite parking pay separate available to the If you do not rent, How long have you utilities or are the utilities rented the many people live in the 2nd Unit? 2nd Unit for? incorporated into tentant? Or do what is the 2nd they park off Unit used for? n/a n/a n/a n/a n/a 7 years n/a n/a n/a n/a 1 year n/a n/a n/a n/a n/a 1 year n/a n/a the rent? site? n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 1 incorporated into onsite parking rent n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 1 incorporated into onslte parking rent n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a extended family residence extended family residence, guest accomodations guest accomodations other: nanny resides in unit other: empty n/a extended family residence other: owner extended family residence extended family residence n/a home office family recreation room guest accomodations guest accomodations extended family residence extended family residence extended family residence guest accomodations Comments? The SOU is not completed at this time of this survey. Once completed the unit will house my father and mother in-law free of charge. We have obtained all permits required by the city of carlsbad for plan approval. Son lives in unit. It would be helpful to get information about what we could (your guidelines) rent units for. If you could send information along with this update in ase we decide to rent. 08/08/2011 Address . -. 7328 El Fuerte 3218 McKinley Street 1652 Chestnut Avenue 3566 camino Arena 3-ncho Companero 3823 Skyline Road 6351 Paseo Descanso 5533 Coyote Court 5876 Sunny Creek Road 3108 Rancho Montana 2895 Rancho Pancho 3663 Adams Street 1080 Magnolia Avenue 2677 Jefferson Street 2-buron Avenue 5493 Coyote Court 3582 Seaview Way 6314 Paseo Descanso 6179 Paseo Monona 6342 Paseo Descanso 6259 Paseo Callado 2970 Carrillo Way Zip Code 92009 92008 92008 92009 92009 92008 92009 92010 92010 92009 92009 92008 92008 92008 92010 92010 92008 92009 92009 92009 92009 92009 What year was the home built? 2000 1987 1928 2000 2001 1973 2001 2003 1970s 2002 2000 2007 2001 1948 1984 2002 2002 2001 2000 2000 2001 2000 What year was the 2nd How long have you DU built? owned your property? 2000 11 years 2010 8years 2004 18 years 2000 1 month 2001 3 years 2004 10years 2001 2.5 years 2003 8years 2001 13 years 2002 9 years 2000 10 years 2007 4years 2001 11 years 2011 3 years 2005 5 years 2002 9 years 2002 3 years 2001 10 years 2000 11 years 2000 11 years 2001 10 years 2000 11 years 2011 ANNUAL CERTIFICATION, SECOND DWELLING UNITS Original Modifications Do you rent Property Where do you live? Owner? or the 2nd yes no no no no no no main residence, sou main residence main residence main residence main residence main residence main residence, sou Conversions? Unit? no no no no no no no yes another residence no no yes no main residence main residence main residence, sou no no no yes another residence no yes no no yes no yes yes yes yes yes main residence no main residence no yes, separate main residence electrical main residence, sou main residence main residence main residence main residence, sou main residence main residence, sou services no no no no no no yes, Installed connecting door to IIO<:t~ir<: h~ll no no yes no yes no no yes no no no yes no yes no no no no no no no n/a Monthly rent? n/a n/a $600.00 n/a $1,085.00 n/a n/a $1,000.00 n/a n/a n/a $1,050.00 $1,000.00 $1,230.00 n/a n/a n/a n/a n/a n/a n/a n/a If not rented now, has it been rented in the past? no no yes no n/a no no n/a no no no n/a n/a no no n/a no no no no no no If rented, how Does your tenant pay separate Is onsite parking How long have you rented the many people live 2nd Unit for? in the 2nd Unit? utilities or are available to the If you do not rent, the utilities tentant? Or do what is the 2nd they park off Unit used for? n/a n/a 7 years 2 months n/a 2 years 10 months n/a n/a 4years n/a n/a n/a 9 months 5 years 5 months n/a n/a n/a n/a n/a n/a n/a n/a incorporated into the rent? site? n/a n/a n/a n/a n/a n/a 2 separate utilities onsite parking n/a n/a n/a 1 incorporated into off-site, street rent oarkinR n/a n/a n/a n/a n/a n/a 2 incorporated Into off-site, street rent oarklnR n/a separate utilities onsite parking n/a n/a n/a n/a n/a n/a 1 separate utilities onsite parking 1 incorporated into onsite parking rent 1 incorporated into onsite parking rent n/a n/a onsite parking n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a guest accomodations extended family residence n/a guest accomodations n/a extended family residence extended family residence, family recreation room n/a extended family residence family recreation room family recreation room n/a extended family residence n/a extended family residence extended family residence guest accomodations guest accomodations extended family residence extended family residence extended family residence extended family residence Comments? The "second dwelling unit" is not a separate unit, it is part of my home with access to it from the main residence. It is therefore our n:::u:;jrfpniP My mother-in-law resides in the SOU and has since it was built, she pays the utilities for it. I think it was a really silly idea. My 93 year old mother resides in it. No intent in rentinR it ever. Son's room. 08/08/2011 Address . ,... 1095 Buena Vista Way e 3609 Kingston Street 3185 Falcon Drive unknown 7939 Corte Domino 2910 carrillo Way 2919 Austin Terrace 3125 Monroe Street ealencia Avenue 5524 Foxtail loop 6193 Paseo Privado 5456 Wo.lverine Terrace 1070 Magnolia Avenue 5553 Coyote Court 3570 Camino Arena 3360 Monroe Street 3562 Camino Arena Zip Code 92008 92011 92008 unknown 92009 92009 92008 92008 92008 92010 92009 92010 92008 92010 92009 92008 92009 What year was the home built? 1958 1984 1963 2000 1994 2001 2001 1974 1983 2004 2001 2002 2000 2003 1999 1974 1999 How long What year was the 2nd have you DU built? owned your 2006 2004 2007 2000 1994 2001 2001 2011 1983 2004 2001 2002 2000 2003 1999 2003 1999 property? 6 years 27years 29 years 10 years 10 years 1 year 10 years 1 year 28 years 2 years 10years 28years 10 years 8 eyars 11 years 37 years 12 years 2011 ANNUAL CERTIFICATION, SECOND DWELLING UNITS Original Modifications Do you rent Property Where do you live? Owner? or the 2nd Conversions? Unit? no main residence no yes main residence no no main residence no yes main residence no no main residence no no another residence no yes no yes no yes yes yes yes yes no yes main residence yes, converted garage into sitting room, laundry toom and storage area. All yes, obtained main residence permits and main residence main residence main residence, sou main residence main residence main residence upgraded the ~n~rtmPnt yes, remodeled no no no no no Yes, added main residence balcony off the backside main residence main residence, sou no no no no no no no no yes yes yes yes no no yes no no no n/a Monthly rent? n/a n/a n/a n/a n/a n/a $850.00 $1,395.00 $725.00 $1,100.00 n/a n/a $850.00 n/a n/a n/a n/a If not rented now, has it been rented in the past? no no no no no no n/a nfa n/a n/a no no n/a no no no no Does your tenant pay separate Is onsite parking If rented, how How long have you rented the many people live 2nd Unit for? in the 2nd Unit? utilities or are available to the If you do not rent, tentant? Or do what is the 2nd the utilities they park off Unit used for? n/a n/a n/a n/a n/a n/a 6 years 9 months 3months About 10 vears 1 year9 months n/a n/a 8 years n/a n/a n/a n/a incorporated into n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a the rent? n/a n/a n/a n/a n/a n/a site? 1 incorporated into onsite parking rent 1 incorporated into off-site, street rent parking 1 incorporated into off-site, street rent parking 1 incorporated Into onsite parking rent n/a n/a n/a n/a n/a n/a 1 separate utilities off-site, street parking n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a extended family residence extended family residence extened family residence family recreation room home office family recreation room n/a n/a n/a n/a extended family residence, other other: empty n/a extended family residence guest accomodations extended family residence family recreation room Comments? By (the city) not making a specific clarification to SDG&E regarding the fact that our property has a SOU our electrical rates are always based on highest single household usage rate, which is extremely high. I've contacted SDG&E but they say the designation needs to be made by the city that our property and electrical is for two (2) residencies. Mother passed away in 2010, she lived there fore 3 1/2 vears. Storage 08/08/2011 Address 5390 El Arbol 3546 Highland Drive 6249 Paseo Privado 3504 Santa Clara Way 6711 Abanto Street 1-andalwood Lane 229 Chinquapin 6245 Paseo Alta Rico 6340 Paseo Cerro unknown 3235 Sandy Place 3457 Ridgecrest Drive 2230 Nob Hill Drive 6494 Paseo Lazo 2908 Rancho Brasado 1-agnolia Avenue 1052 Palm Avenue 1190 Magnolia Avenue 3967 Jefferson 3434 Madison 3374 Corte Terral 5474 Wolverine Terrace Zip Code 92008 92008 92009 92010 92009 92008 92008 92009 92009 unknown 92008 92008 92008 92009 92009 92008 92008 92008 92008 92008 92009 92010 What year was the home built? 2000 unknown 2001 unknown 1980 1968 2001 2000 2002 unknown 1960 2005 1975 2002 2000 2008 1957 2007 2000 2009 2001 2003 How long What year was the 2nd have you DU built? owned your property? 2000 6 years 2008 25 years 2001 6 years unknown unknown 2005 11 years 2008 9 years 2001 10 years 2000 10.5 years 2002 9 years unknown 1 year 2008 11 years 2005 9 years 2009 2.5 years 2002 7 years 2000 11 years 2008 11 years 2003 26years 2007 11 years 2000 4years 1924 5 years 2001 10years 2003 9 years Original Property Where do you live? Owner? yes another residence no no unknown no no yes yes yes no no yes no no yes yes no main residence main residence main residence main residence main residence another residence main residence main residence, sou main residence main residence main residence main residence, sou main residence main residence, sou main residence main residence yes another residence no sou no main residence yes another residence yes main residence 2011 ANNUAL CERTIFICATION, SECOND DWELLING UNITS Modifications Do you rent or the 2nd Conversions? Unit? no no no no no no no no no no no no no no no no no no no no no no no no no yes no yes yes, the whole no no no yes yes no yes no no yes Yes, the entire orooertv is no no yes yes Monthly rent? n/a n/a n/a $1,100.00 n/a $1,075.00 n/a n/a n/a n/a $1,070.00 $1,200.00 n/a $925.00 n/a n/a $800.00 n/a n/a no $800.00 n/a If not rented now, has it been rented in the past? no no no n/a no yes no no yes no n/a n/a n/a n/a no no n/a no no no yes n/a Does your tenant If rented, how have you Is onsite parking pay separate available to the If you do not rent, utilities or are How long rented the many people live Znd Unit for? in the 2nd Unit? incorporated into the utilities the rent? n/a n/a n/a tentant? Or do what is the 2nd they park off Unit used for? site? n/a extended family residence extened family Comments? n/a n/a n/a n/a residence, guest The Granny who lived here passed away. n/a n/a n/a 2 years 6 months n/a n/a 2 years n/a 10 months 3 years n/a 2 months n/a n/a 2 years 3 months n/a n/a n/a 9years 6 months n/a n/a n/a n/a 2 incorporated into both onsite and rent off-site parking n/a n/a n/a 2 incorporated into onsite parking rent n/a n/a n/a n/a n/a n/a 1 incorporated into 0 rent n/a n/a n/a accomodations extended family residence n/a guest accomodations n/a family recreation room guest accomodations extended family residence Other 2 incorporated Into off-site, street n/a rent oarking 2 incorporated into both onsite and n/a rent off-site parking n/a n/a n/a 1 incorporated into off-site, street rent parking n/a n/a n/a n/a n/a n/a 1 Incorporated into . rkl rent onstte pa ng n/a n/a n/a n/a n/a n/a n/a n/a n/a 1 separate utilities onsite parking n/a n/a n/a extended family residence n/a home office extended family residence n/a extended family residence extended family residence extended family residence, home office, guest ~rf"'nmnrl~tinnc;; n/a extended family residence In process of cleaning up to put on market. In future, will use to house GIA students while in the U.S. to studv at GIA. We are allowing our son, Adam, use the SDU when he comes into town. Please mail future surveys to 1050 Palm Avenue (main residence) to ensure we receive them. Thankvou. Storage 08/08/2011 , Address 3217 Rancho Milagro 2858 Rancho Cortes 7913 Via calendo 5-xtail Loop 6390 Paseo Descanso 2819 Via Conquistador 2829 Carrillo Way 3930 Park Drive 5350 El Arbol Drive 2864 Via Conquistador 3-vante Street 2945 Highland Drive 2701 Highland Drive 2390 Buena Vista Circle unknown 6366 Paseo Descanso 3335 Valley Street Zip Code 92009 92009 92009 92010 92009 92009 92009 92008 92008 92009 92009 9208 92008 92008 unknown 92009 92008 What year was the home built? 2000 2003 1980s 2002 2002 1999 2002 2001 1957 2000 2005 1950 1933 1950 2000 2002 1982 How long What year was the 2nd have you DU built? owned your property? 2000 11 years 2003 8 years 2005 7 years 2002 2 weeks 2002 9 years 1999 12 years 2002 7 years 2001 10 years 2006 8 years 1000 11 years 2005 4years 2002 2.5 years 2011 5 years 2003 7 years 2000 5 years 2002 6 years 2001 4years Original Property Where do you live? Owner? yes another residence yes main residence no another residence no another residence yes yes no yes no yes no no no no no no no main residence main residence main residence main residence, SDU main residence, sou main residence main residence, sou another residence main residence main residence main residence, sou main residence main residence 2011 ANNUAL CERTIFICATION, SECOND DWELLING UNITS Modifications Do you rent or the 2nd Conversions? Unit? no yes no no no no no yes no no no yes no yes no n/a no n/a no n/a no no no no no yes no yes no n/a no n/a no n/a Monthly rent? $950.00 If not rented now, has it been rented in the past? n/a yes, we rented to house to a n/a family and one ofthe members n/a no $1,000.00 n/a n/a no $1,300.00 n/a $895.00 n/a n/a no n/a no n/a no n/a no n/a no $1,000.00 n/a $1,000.00 n/a n/a no n/a n/a n/a n/a If rented, how Does your tenant Is onsite parking pay separate available to the If you do not rent, How long have you rented the many people live 2nd Unit for? in the 2nd Unit? utilities or are tentant? Or do what is the 2nd they park off Unit used for? the utilities 2 years 2 years n/a n/a n/a 9 years 9 months n/a n/a n/a n/a n/a 5 months 5 months n/a n/a n/a incorporated into the rent? site? 1 incorporated into onsite parking rent n/a n/a n/a n/a n/a n/a 1 incorporated into onsite parking rent n/a n/a n/a 2 incorporated into onsite parking rent 1 incorporated into off-site, street rent parking n/a n/a n/a n/a n/a n/a n/a n/a n/a nfa n/a n/a n/a n/a n/a 1 incorporated into onsite parking rent 1 incorporated into onsite parking rent n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a extended family residence extended family residence n/a guest accomodations n/a n/a family recreation room extended family residence, guest accomodations family recreation room guest accomodations extended family residence n/a n/a extended family residence extended family residence guest accomodations Comments? Son lives in unit. 5504 Foxtail (entire property, main plus SDU is under one masterlease) is rented by a family who leased the entire home from us, one lease. The have leased out the sdu for the time being and ins unsure of future plans. We have opted noted to rent. That siad, I don't believe we could cover the utilities and costs with the amount allowed for rent. Our utilities have increased in cost by a huge margin. Rent includes: private garage, all utilities, high speed internet access, premium cable and all furniture. Grest use of the space! n/a When unit is not being rented, family stays there when they visit. We bought this property for over a million, so rentiling to low income will probably not happen. Although, I guess it could be. Currently nt1r rhilrlrPn nrr11nv thP 11fl;:~t" 08/08/2011 , What year What year Address Zip Code was the was the 2nd home built? DU built? 4005 Highland Drive 92008 1975 2006 1671 Brady Circle 92008 2001 2001 How long have you owned your property? 11 years 9 years Original Property Owner? no yes Where do you live? main residence main residence, sou 2011 ANNUAL CERTIFICATION, SECOND DWELLING UNITS Does your tenant Modifications Do you rent or the 2nd Monthly Conversions? Unit? rent? If not rented How long pay separate now, has it have you If rented, how utilities or are been rented in rented the many people live the utilities the past? 2nd Unit for? in the 2nd Unit? incorporated into the rent? no no n/a n/a n/a n/a n/a no n/a n/a n/a n/a n/a n/a Is onsite parking available to the tentant? Or do they park off site? n/a n/a If you do not rent, what is the 2nd Unit used for? extended family residence, guest accomodations, family recreation extended family residence Comments? This is not a separate part of our home. It has the "possibility" to be closed off and used as a separate area. We do not use it that way, we did not have the builder set it up as such. No separation exists and it is not being rented. Jl------------------------------------------------------------------ 08/08/2011 .. (~") CITY OF ¥CARLSBAD Memorandum March 30, 2011 To: Lisa Hildabrand, City Manager From: Don Neu, City Planner ~71 blf? Via Gary Barberio, Community & Economic Development Director- Re: Planning Commission Request to Schedule an Item for a City Council Workshop At their meeting of July 21, 2010 the Planning Commission recommended 6-0-1 (Commissioner Baker absent) that the City Council consider directing staff to prepare an amendment to the Zoning Ordinance. The amendment would exclude second dwelling units that are not built to satisfy the requirements of the lnclusionary Housing Ordinance from low income rent restrictions. For additional information, the memorandum provided to the Planning Commission as well as a copy of the minutes from the meeting are attached. The. Planning Commission followed the procedure outlined in the document titled "Procedure for Forwarding an Item to the City Council Workshop" which has also been provided. · Please let me know if additional information is needed concerning this matter. Attachments-Memo to Planning Commission dated July 21, 2010 DN:bd Excerpt of Planning Commission Meeting minutes dated July 21, 2010 Procedure for Forwarding an Item to the City Council Workshop Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax (~~CITY OF ¥CARLSBAD Memorandum July 21, 2010 To: From: Via: Re: Planning Commission Scott Donnell, Senior Planner Don Neu, City Planner Second Dwelling Unit Rent Restrictions On June 2, 2010, Commissioners voted to discuss at a future meeting excluding homeowner- built second dwelling units from low income rent restrictions. This vote and future discussion came about because of a proposed Zone Code Amendment to change how the affordable rent restriction is imposed on individual builders of second dwelling units. This memorandum provides helpful information to assist the Commission in its discussion. Additionally, it explains that the current requirements enable Carlsbad to maximize the number of second dwelling units it counts toward meeting affordable housing needs. Currently, homeowners constructing second dwelling units must sign an affidavit declaring they agree to not charge rent exceeding that considered affordable to a low income household (see Zoning Ordinance Section 21.10.030 D.7). The low income rent restriction has been a city requirement since 1994, ten years after Carlsbad adopted its first second dwelling unit ordinance; in 2003, the city amended its second dwelling unit standards to require property owners to agree with the rent restriction by affidavit. The proposed Zone Code Amendment would change the manner in which agreement is made from an affidavit to a Notice of Restriction recorded against the property. This change would apply most commonly to homeowners; usually, developers of new home communities proposing second dwelling units to help satisfy their inclusionary requirement must also agree to low income rent restrictions and typically do so through an affordable housing agreement versus an affidavit. While there is no requirement to rent second dwelling units, ensuring their affordability with an affidavit or notice of restriction if they are rented is very important to helping Carlsbad meet its low income, or affordable, housing need. This need, identified by the state Department of Housing and Community Development (HCD) through SANDAG, is met in Carlsbad through inclusionary requirements, high density vacant land, and second dwelling units. Rarely, if ever, are market rate rents or sale prices considered affordable to low income households. Furthermore, because the low income housing need is typically achieved only through these means, any contribution toward it is critical. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax Planning Commission Second Dwelling Unit Rent Restrictions July 21, 2010 Page 2 HCD approves Carlsbad counting all of its second dwelling units as low .income rental housing because of the affidavit requirement. (The proposed Notice of Restriction would also be acceptable). Without the affidavit, HCD would require the city to survey second dwelling unit owners to determine the units' affordability. If the survey determines rents are appropriate for low income households or units are occupied without charge to the occupant (such as a family member), then those units can be counted as low income housing. However, second dwelling units could not be counted if their owners failed to respond to the survey or charged a rent exceeding low income thresholds. Therefore, the affidavit or proposed Notice of Restriction provides the maximum benefit toward helping Carlsbad count second dwelling units as affordable housing. Annually, the city's Housing Department surveys second dwelling unit owners according to city records. Based on the 2009 survey (the latest data available) here are some survey results: 1. Number of homeowners of properties with units contacted: 204 2. Number and percentage of contacted property owners responding: 145 or 71% 3. Number and percentage of units being rented: 33 or 23% 4. Average rent charged: $945 per month 5. Number and percentage of units used as housing for extended family with no rent being paid: 63 or 43% 6. Number of units (rented only) occupied by more than one person: 8 7. Number and percentage of units used for other than housing purposes (e.g., home office): 45 or 31% For purposes of counting second dwelling units as low income housing, survey results would yield fewer units than is achieved by the current affidavit requirement. For example, the city could not count units for which no survey response was received and could not count units used for other than housing purposes. Further, while the average rent of $945 would comply with low income housing rent limitations, it is possible some units would not. The maximum rent in 2009 considered affordable to a one person low income household was $1,156. Surveyed property owners charging rents in excess of the low income threshold receive letters from the Housing Department reminding them of their obligation under the affidavit. DN:bd Planning Commission Minute-July 21, 2010 Page 3 Commissioner Schumacher asked if this will be codified and become statutory and if other cities are following suit. Ms. Mobaldi stated it is a movement across the state. Several years ago there was a case in Napa, California where their inclusionary ordinance was approved by the court. One of the components of that ordinance was rent restriction for rental housing. There was later case law, the Palmer Case, which stated the ordinance violated rent control law. Because there was a conflict in the two districts, the Palmer case was forwarded to the Supreme Court. The Supreme Court denied review which means the most recent decision is upheld. Ms. Mobaldi stated that because of this, cities are now amending their inclusionary ordinances in order to comply with the case law. A city cannot make rental units satisfy an affordable housing requirement through inclusionary standards unless the City is somehow giving another concession which then makes it voluntary on the part of the developer. Commissioner Montgomery commented that a market rate second dwelling unit would essentially be rent controlled because of the maximum square footage allowed and asked if a unit could be counted as an affordable unit because of that. Mr. Donnell stated the City would not count those units· as inclusionary but the units could be counted as affordable to lower income families if documentation proved it. Chairperson Douglas asked if the City would have less affordable housing because of the changes. to the lnclusionary Housing Ordinance. Mr. Donnell stated that was correct. Mr. Donnell stated that the change is minimal because standalone apartment complexes are not that common in the City. Chairperson Douglas asked if Staff had an approximate number of units that could be lost because of the changes. Mr. Donnell stated it is difficult to predict how many inclusionary units could be built over the next several years; however looking at the number of units built in the 10 year period from 1996 to 2007, under 10% of the inclusionary units derived from standalone apartment complexes and 90% are from ownership units. Chairperson Douglas asked if there were any further questions of Staff. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Douglas opened and closed public testimony. MOTION ACTION: Motion by Commissioner L'Heureux, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6712 and 6713, recommending approval of Zone Code Amendment ZCA 1 0-03 and Local Coastal Program Amendment LCPA 10-02 based on the findings contained therein. VOTE: 6-0-1 AYES: Chairperson Douglas, Commissioner Dominguez, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: None ABSENT: Commissioner Baker ABSTAIN: None Chairperson Douglas asked Mr. Neu to introduce the next item. 3. SECOND DWELLING UNITS AND RENT RESTRICTION -Planning Commission discussion to consider recommending to the City Council that they direct staff to prepare the necessary policy and code amendments to exclude homeowner built second dwelling units from low income rent restrictions. Mr. Neu introduced Agenda Item 3 and stated Senior Planner Scott Donnell would make the Staff presentation. Chairperson Douglas opened the public hearing on Agenda Item 3. Mr. Donnell gave a detailed presentation and stated he would be available to answer any questions. .. Planning Commission Minute. July 21,2010 Page4 DISCUSSION The Commission discussed considering a recommendation to the City Council that they direct staff to prepare the necessary policy and code amendments to exclude homeowner built second dwelling units from low income rent restrictions. Chairperson Douglas asked if there were any members of the audience who wished to speak on the item. Seeing none, she opened and closed public testimony. MOTION ACTION: VOTE: AYES: NOES: Motion by Commissioner L'Heureux, and duly seconded, that the Planning Commission recommend that the City Council consider directing Staff to prepare an amendment to the Zoning Ordinance to exclude second dwelling units that are not built to satisfy the requirements of the lnclusionary Housing Ordinance from low income rent restrictions. 6-0-1 Chairperson Douglas, Commissioner Dominguez, Commissioner · L'Heureux, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher None ABSENT: Commissioner Baker ABSTAIN: None Chairperson Douglas closed the public hearing and thanked Staff for their presentations. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS Mr. Neu distributed the most recent fact sheet for the proposed Pontebello project and stated the project has been withdrawn. CITY ATTORNEY COMMENTS Ms. Mobaldi commented on a letter received by the Commission regarding the Rancho Carlsbad Option Parcel. She clarified the County Recorder is not saying that common areas in mobile home parks do not have any value. Instead the area is valued and that value is divided among all of the individual homeowners. That is how those taxes are paid. If a zone on a common area is changed, the assessor will look to see the new zone will give the potential for highest and best use that will create more value on the property. She also responded to a previous question from the Commission regarding CC&Rs and the restriction of second dwelling units. Ms. Mobaldi stated that while she did not find a definitive answer, she stated CC&Rs could prohibtt second dwelling units in a residential zone provided certain findings were made. Even though that is encouraged by the State in certain circumstances, the City cannot prohibit that in a single family zone. She stated she did find the Solar Rights Act, which deals with solar panels, etc., which specifically provides that CC&Rs cannot effectively prohibit or restrict the installation or use of a solar energy system. If there is that sort of regulation, it is void and unenforceable. Ms. Mobaldi stated that it seems that the State is saying homeowners associations cannot adopt CC&Rs prohibiting a certain action. When it is not stated it is assumed the homeowners associations can go further than the cities are allowed to go. PROCEDURE FOR FORWARDING AN ITEM TO THE CITY COUNCIL WORKSHOP 1. If a Commissioner(s) feels that an issue needs to be brought to the attention of the City Council, the Commissioner shall make a motion to place an item on a Planning Commission agenda for discussion. 2. A majority vote is needed to approve placing the item on a Planning Commission Agenda for thorough discussion. 3. The Planning Commission item will then be. included on a Noticed Hearing Agenda. 4. The item will be discussed during the noticed Planning Commission Hearing. 5. The Planning Commission will then vote on whether to forward the item to the City Council for consideration at a City Council Workshop. A majority vote of the Planning Commission is needed to foJWard the item to the City Council. (~~ CITY OF ~CARLSBAD Memorandum July 21, 2010 To: Planning Commission From: Scott Donnell, Senior Planner Via: Don Neu, City Planner Re: Second Dwelling Unit Rent Restrictions On June 2, 2010, Commissioners voted to discuss at a future meeting excluding homeowner- built second dwelling units from low income rent restrictions. This vote and future discussion came about because of a proposed Zone Code Amendment to change how the affordable rent restriction is imposed on individual builders of second dwelling units. This memorandum provides helpful information to assist the Commission in its discussion. Additionally, it explains that the current requirements enable Carlsbad to maximize the number of second dwelling units it counts toward meeting affordable housing needs. Currently, homeowners constructing second dwelling units must sign an affidavit declaring they agree to not charge rent exceeding that considered affordable to a low income household (see Zoning Ordinance Section 21.10.030 D.7). The low income rent restriction has been a city requirement since 1994, ten years after Carlsbad adopted its first second dwelling unit ordinance; in 2003, the city amended its second dwelling unit standards to require property owners to agree with the rent restriction by affidavit. The proposed Zone Code Amendment would change the manner in which agreement is made from an affidavit to a Notice of Restriction recorded against the property. This change would apply most commonly to homeowners; usually, developers of new home communities proposing second dwelling units to help satisfy their inclusionary requirement must also agree to low income rent restrictions and typically do so through an affordable housing agreement versus an affidavit. While there is no requirement to rent second dwelling units, ensuring their affordability with an affidavit or notice of restriction if they are rented is very important to helping Carlsbad meet its low income, or affordable, housing need. This need, identified by the state Department of Housing and Community Development (HCD) through SANDAG, is met in Carlsbad through inclusionary requirements, high density vacant land, and second dwelling units. Rarely, if ever, are market rate rents or sale prices considered affordable to low income households. Furthermore, because the low income housing need is typically achieved only through these means, any contribution toward it is critical. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax Planning Commission Second Dwelling Unit Rent Restrictions July 21, 2010 Page 2 HCD approves Carlsbad counting all of its second dwelling units as low income rental housing because of the affidavit requirement. (The proposed Notice of Restriction would also be acceptable). Without the affidavit, HCD would require the city to survey second dwelling unit owners to determine the units' affordability. If the survey determines rents are appropriate for low income households or units are occupied without charge to the occupant (such as a family member), then those units can be counted as low income housing. However, second dwelling units could not be counted if their owners failed to respond to the survey or charged a rent exceeding low income thresholds. Therefore, the affidavit or proposed Notice of Restriction · provides the maximum benefit toward helping Carlsbad count second dwelling units as affordable housing. Annually, the city's Housing Department surveys second dwelling unit owners according to city records. Based on the 2009 survey (the latest data available) here are some survey results: 1. Number of homeowners of properties with units contacted: 204 2. Number and percentage of contacted property owners responding: 145 or 71% 3. Number and percentage of units being rented: 33 or 23% 4. Average rent charged: $945 per month 5. Number and percentage of units used as housing for extended family with no rent being paid: 63 or 43% 6. Number of units (rented only) occupied by more than one person: 8 7. Number and percentage of units used for other than housing purposes (e.g., home office): 45 or 31% For purposes of counting second dwelling units as low income housing, survey results would yield fewer units than is achieved by the current affidavit requirement. For example, the city could not count units for which no survey response was received and could not count units used for other than housing purposes. Further, while the average rent of $945 would comply with low income housing rent limitations, it is possible some units would not. The maximum rent in 2009 considered affordable to a one person low income household was $1,156. Surveyed property owners charging rents in excess of the low income threshold receive letters from the Housing Department reminding them of their obligation under the affidavit. DN:bd 4t~ CITY OF "'"'CARLSBAD Planning Division October 20, 2011 City of Carlsbad 1635 Faraday Av Carlsbad CA 92008 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: ZCA 11-04/LCPA 11-05 -SOU RENT RESTRICTIONS FILE COPY www.carlsbadca.gov At the October 19, 2011 Planning Commission meeting, your application was considered. The Commission voted 7-0 to recommend approval of your request. The decision of the Planning Commission is advisory and will be forwarded to the City Council. Sincerely, Q~ DON NEU, AICP Planning Director DN:CF:bd c: Data Entry File enc: Planning Commission Resolution No. 6836 and 6837 ~»; __________________________________________________________________ ___ · '; · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®