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HomeMy WebLinkAbout1981-09-15; City Council; Resolution 6674*r 1 2 3 4 5 6 7 E 9 IC 11 1% 12 14 15 16 17 le 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6674 A RESOLUTION OF THE CITY COUNCIL OF THE HOUSING ELEMENT OF THE GENERAL PLAN. CITY OF CARLSBAD, CALIFORNIA, AMENDING THE WHEREAS, the City of Carlsbad adopted a revised Housing Element of the General Plan in October of 1980, and WHEREAS, the Housing Element was subsequently sent to the State Department of Housing and Community Development (HCD) where it was denied certification; and WHEREAS, the changes suggested by HCD were incorporated into the Housing Element; and WHEREAS, the Planning Commission has held a duly noticed public hearing as prescribed by law, and has made recommendations to the City Council; and WHEREAS, said amendment has met the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980 and an Environmental Impact Report has been certified by the City Council on July 8, 1980; and WHEREAS, the City Council did on the 15th day of September, hold a duly advertised public hearing to consider said amendments and has received the recommendations, objections, protests and comments of all individuals and parties who desired to be heard: NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing on September 15, 1981, and upon hearing and considering testimony and arguments, if any, of all persons who desired to be heard, said City Council finds that: ///I ! 1C 1: 1; 1: 11 l! It 1: 1I 1s 2c 21 22 2: 24 25 26 27 28 The Housing Element is a necessary and desirable component of the General Plan; The Housing Element, as revised, is consistent with the future goals of Carlsbad and is consistent with other elements of the General Plan; Environmental review of the Housing Element has met the intent of the California Environmental Quality Act and the Carlsbad Environmental Protection Ordinance as certified by the City Council on July 8, 1980. That the General Plan of the City of Carlsbad is amended by the adoption of a revised housing element as shown on Exhibit A attached hereto and made a part hereof. Resolution No. 6358 is rescinded as are any other resolutions adopting matters inconsistent herewith. an EIR was PASSED, APPROVED AND ADOPTED at a regular meeting of the 2arlsbad City Council held on the 15th day of September, 1981, by :he following vote, to wit: AYES: NOES: Council Menher hear ABSTAIN: None ABSENT: None Council Menibers Packard, Casler, Lewis and Kulchin -- RONALD C. PACKARD, Mayor I LTTEST : LkLbi LETHA L. -2- 4 \I HOUSING ELEMENT OF THE CARLSBAD GENERAL PLAN . - CHANGES IN THE TEXT ARE EMPHASIZED BY THE UNDERLINING OF ADDITIONS. DELETIONS ARE SHOWN BY A BROWN LINE TYPED THROUGH OMITTED WORDS. Prepared by: City of Carlsbad Planning Department July 30, 1981 Carlsbad City Council Ronald C. Packardi Mayor Mary H. Casler, Vice mayor Girard W. Anear Claude A. Lewis Ann J. Kulchin Planning Commission Edwin S. Schick, Jr. Mary Marcus Eric Larson E. H. Jose, Jr. Jerry Rombdtis Jonathan D. Friestedt Anna L. Leeds Housing Element Citizens Committee James Anderson, Chairperson Robert Mullins Jeanette Smale Julie Bagley James Hicks Rosemary Stafford Pearl Tade Edward Ebright Housing Consultant Margaret R. Goldstein Planning Staff James C. Hagaman, Planning Direcctor Charles D. Grimm, Project Coordinator . 6 0 it ? I t' , .. -. .: L *. TABLE OF CONTENTS .. 'Volume 1: Housing Element Page 1 1 3 4 I. INT ROD UCT ION A. Intent and Theme of the Housing Element 6. State of California Law and Requirements L C. General Plan Relationships . * D. Local Responsibility: 6 Implementation, Evaluation and Review .... . GOALS, POLICIES AND ACTION PROGRAMS OF THE . HOUSING ELEMENT 11. A. Goals 12 6. Policies and Action Programs .. 111. iM PLElrrlENTATION, PRIORITIES, UPDATE AND REVIEW OF THE HOUSING ELEhiENT 26 A. Priorities B. Review and Update . .. 26 29 * .* 1 -. .. . Volume 2: APPENDICES '. A. Community Profile: Housing Characteristics, Needs and Problems Constraints to Providing 'affordable' Housing: M'arket and 6. .. Cover n m en t al C. Mobile tlorne Discussion D. Dcfinit ions . E. Low and Moderate lnconle Housing: Fair Share and tncI us ion ar y Pr o;i s ions *. .. .. 4 . * 0 1 .. 1. INTRGDUCTION This housing element of the general plan is intended to provide citizens and public officials of Carlsbad with an understanding of the housing needs of the community and to rievelop an integrated set of goals, policies and programs .which can assist the community in meeting those needs. Volume 1 includes . Goals, Policies, and Action Programs as well as Implementation Procedures and . e Priorities. Volume 2 &ai lablk as reference includes an extensive Community .. . .. Profile as well as discussion of constraints to housing deve?opmen't, definitions *and special topics. \ A.. * INTENT P.ND THEME OF THE HOUSING ELEMENT: - . "HOUSING IN CARLSBAD 1980-1985; DEVELOPMENT AND PRESERVATION In the course of citizen participation efforts in preparing th'is document, two major themes have emerged as crucial to dealing with housing issues in Carlsbad over the next five,years. The first of these themes is the city's need to deal with the continuing growth and development of the community. .. .. ,. Carisbad's population has more than doubled since 1970 and the .. rate of. growth has accelerated since 1975. past trends and available projections of future growth in Carlsbad for the next five-year period. I The following table illlistrates .. .. 0. .. *. 0 \ . i Growth Trends and Projcctiolls .. . Single . . MuW Mobile F am ify Home Year Fop u la t ion Households Family 14,944 5,149 24C _I_ 3,s 62 -1970 760 1,068 L_ 2,422 1975 19,70O 32,100 7,240 . 13,287 3,642 . 1979* . 4,269 8,044 NA NA .. 1385'* 1985** -* NA 39,371 - 45,932 17,268 20,700 NA NA NA 51,100 .. .. current projection Series V; preliminary ** projection range, Series IV - *** (Sources: U.S. Census, 1970; California Census, 1975; California Department of Finance, 1979, Series 1V Forecasts, Comprehensive Planning Organization and Reso- .lution No. 5237, City of Carlsbad, 1977; Series V Preliminary.Repiona1 Growth Fore- ' casts, Comprehensive Planning 0 rganizat ion, I anuary, 1930) I-' \ . /( The second major theme is the desire to preserve the character of the city's existing .. residential areas, community _. expressed in emphasis on rehabilitation and preservation activities in older neighbor- ' scale and desirable environment. This theme is .i - hoods and in emphasis on neighborhood identity, orderly development and compati- ' bility. with surroundings to be stressed in new development. Both themes, Le. response to projected growth and desire to preserve community values, are addressed .. . 4. ' in the goal$ and policies of this element. Q I. ..... . , . .. . Toward a Comprehensive Housing Strategy for Carlsbad ** . ..e . The housing element is'intcndcd to serve as a blueprint for both elected officials and . staff in evaluating proposals, dcterlnining priorities and making housing decisions of .' -2- '. .. I all kinds. The goals of the element should provide a basis for reviewing day to day issues and serve as one basis for eiraluating a1ternati:~es. The element when viewed as a comprehensive housing,strategy also provides the city with a framework to respond to regional, state and federal housing anitiates and to evaluate state and federal programs for local use. As a comprehensive housing strategy, the element also informs all residents of the community of the consensus goals, policies and'priorities which have been .- developed to attempt to meet "the housing needs of all economic segments of * the community." c . .- . ..* - 2 . B. STATE OF CALIFORNIA LAY AND REQUIREMENTS Section 65302(c) of the Government Code requires a housing elercent as a mandatory component' of a city's general plan. This requirement reflects a legislative judgmenr that local planning and program commitment are needed in order to meet the state's housing needs and goals. The state legislature <' , LI has established general standards to be followed in the development of a housing element, A housing element must consist *- of standards and plans for the improvement of housing and for provision of adeqr;ate sites for housing. .. The element must consider all aspects of current housing technology including - site built housing and manufactured housing. 'In addition, the element must make adequate provision for the housing needs of all economic segments of the community. .. .. I. t e t' ' 1' Finally, the element must be developed pursuant to regulations established under Health and Safety Code Section 50459 (Section 65302(c) California Government Code). The Department of Housing and Community Development issued Housing Element guidelines in November, 1977. These guidelines establish criteria against which local compliance with the requirements of Section 65302(c) , can be measured. This.housing elementlwas developed pursuant to the State Housing Element Guidelines and the Housing Element Manual prepared by the Department-of Housing and Community Development, in an effort to.meet the intent of the state legislative mandate. C. GENERAL-PLAN RELATIONSHIPS California law requires that general plans contain an integrated, internally consistent set of policies. The housing element is most affected by development policies contained in'the land use element which establishes the location, type, intensity and distribution of land uses throughout the city. The housing element has beendrafted to reflect consistency with the land use element which for reasons of'safet'y, geology, open space, noise, among others, declars that certain areas are to be preserved or a . developed with non-residential uses. The housing element does not suggest specific sites for particular types of housings. The element does recommend general areas and locational criteria for future housing development. An effort was made to make these recommendations consistent with the land use element. To the extent that conficts arise between the housing element and the land use element, the policies of the land use element shall , prevail provided, however, that provision of lower income housing shall be considered as a factor for allowing development above the "guaranteed" densities identified in the land use element, and provided further that in master planned or specific planned areas in which low and moderate income rental units are provided density increases of no more than 50% of the maximum residential density specified in the Land Use Element may be permitted by the City Council (see V-131. For those areas of the city with density ranges of 0-4 dwelling units per acre, a density increase of up to 25% may be granted to allow provision of low and moderate income housing (see V-121. If it becomes clear that the goals of this housing element cannot be met within the locations and densities established for residential development by the land use element, the land use element may be amended. Goal-Setting.and.the.Land-Use-Element This Housing Element uses the residential guidelines of the city's adopted Land Use Element as a policy framework for developing more specific goals and policies in the housing element. Although the Land Use Element enumerates 16 different guideli-_n_zs fsr residential development, they encompass five main themes. These are: ' 1. Preservation - Preserve the neighborhood atmosphere, - retain the identity of existing neighborhoods, maximize open space and ensure slope preservation. .. 2. Choice - Ensure a variety of housing types, a choice of all economic ranges, wide range of housing types; apartments, townhouses, etc., different styles and price levels in a variety of locations. 5 * I r 1 I' \' 3. 4. _. Medium and High Density. Compatibility with Surroundings and Services - Provide close-in living and .convenient shopping in the commercial core. Limit and encourage large scale development of apartments in areas most appropriate from standpoint df convenience and access. Housing-Needs - Utilize programs to revitalize deteriorating areas or those with high potential for deterioration; seek to provide low and moderate income housing . . e- , 5a I 0 , .. 5. Managed DevelopGient - Ensure orderly residential development, avoid 'leap frog' subdivision; allow higher density where existing or proposed public facilities can accommodate increased population and particularly within the , *. Village area Redevelopment Project. -Now several years old the land use element continues to be instructive and has formed one basis for the goals of the housing element. . D. LOGAL RESPONSISILiTY: .. * * . . .... IMPLEMENYATiON, EVALUATION AND REVIEW .. The. Housing Element includes five general goals, ten major policy areas and 46 recommended act ion programs. The implementat -. ion, of' the act ion programs \ presents a formidabfe task for local officials. Obviously, not all tasks can be given -2 equaf weight and attention. Section 111 of this Housing Element highlights those policies and programs which because of tdth state guidelines and local needs should be given priority. This Sect ion attempts to assign responsibility for implementat ion of the program. It should be noted that ultimate responsibility lies, of course, with .- the Carlsbad City Council, which may assign staff and resources to carry out p2r- tlcular responsibilities under its own guidance or under that of appointed review bodies. The following chart lists each of the element's 46 recommended action programs with suggested staff and review responsibilities. Those appointed bodies * with review and evaluation responsibilities will be assigned apprbpriate staffiig as Indicated in the chart. The chart also includes suggested fund sources. All actions -. * are subject to final directives by the Carlsbad City Council. ' .._ .. I. I' , i' u C h: e, C m b. U x u L W L U - 0 - m m m C K so C 0 .- v) VI .- E .E 0 V M C c C a CI. .- - * > *r c 3 .- .> c1 C 3 .I E E E 0 E 0 E 0 .. .. ..1 .. - c vi al e, .- .- - .I U a Y- V 9 3 a .I I f4 L 44 *. Q, U 2 mc WW v c.2 .. Q .o U C E - L P 0 et -0 C .- .. b a c-4 crl 4.'. ut b t- I I h e Y c, u m h c, . z -8 -5 rt rl El PI PI a a, ~Ul a a, a rl -5 PI . . . 2' 2 c t- . 2 ". .. .. . .. I. I' 1' . .. 73' u C c 1 C C .Q - 0 'In cn. u. C 3 LL -. 2 9. c Q, u uu uu u E l . C c 0 Q .- E E .- an VI - an .- .- r:. . 0. u an v) - E c 0 u an VI .- E E 0 U r: 0 .- VI an .- E E 0 U I: 0 .- VL an - E E 0 V rl rl 2- E H B E 0 E 0 vu E 0' U M M M S c C C c .c S .I .- .- M C C C Q a .- .-. bo c C c m n .- I M C C c cp 0. .- - a- m- a CL a 0, 5 rl -i rl PI PI c, c, u S S C aJ a aJ c, c aJ E 'ti .Q Q c5 w c E z a a aJ n w c 2 'ti cp n al n 4.J c .. 01 E E. E E 2 E. e d cp CCT a gal .I' . a, n n a. aJ a .' L- .. C 0 W' lu U 3 T) al >. .- C' .- 5 E E 0 V . . s F .. r 4 1 I I' . !' ' .? . *. i c 2 B, C aJ u c 2 B, c Q, U C'C c r vvwu 8W8Q cc.cc .- 0 9 -.I! 9 *ma* .. M'W M Do CKCC .- .L .- .- . .. 43 S .a E MbdW csc ccc . ccc .C .- .- M S - c K a a - 00, o(2, IQ xn .' .L tQ c 3 0 .- VI .- V .- c E g a '0 c 0 * > .a .- .- *4- 0 L =a 0- C 'X 2 i L I MJ W W XQ xu wx 0 'Q .- r : .. .. , . 11. COALS, POLICIES AN'D ACTION PROGRAMS OF THE HOUSING ELEMENT - _- Am GOALS The Housing Element has five major goals. These goals are intended to provide general direction in meeting. Carlsbad's two major housing concerns: existing community values and responding to projected growth. preserving The goats of the . . - * housing element are: I . .. 1. To preserve Carlsbad's unique and desirable character as a coastal community and to maintain high design and environmental quality standards in all new .. * devclopment or redevelopment. \ ..._a 2. TO assure that the city's future development provides an adequate diversity of h>usiiig, with types, prices, tenures, and locations consistent with the age and economic characteristics of present and future residents. 3. To provide affordable housing opportunities in a variety of types and locztions fo meet the needs of current low and moderate income households and.a fair. share proportion of future low and moderate income households. = -,. 1 I 4. To assure that the amount and type of housing devclopment or redevelopment is compatible and convenient with the locations of major facjlities and scr- vkcs and in particular with niajor transportation and transit routes, as wcll as mafor emp toy men t cqnte rs. .. .. ,<' , I '. .' 5.' ' To assure that all housing; whether narket or assisted, is sold or rented in conformance with open housing policies free of discriminatory . practices. - e -.- .... .. . d' .. . .. B. POLICIES AND ACTION PROGRAMS In order to meet the goals outlined above, specific policies and programs are suggested. Ten major policy area's are identified; each relates to a specific set of housing issues and problems. The first. two of these policy areas relates to preservation of the &xisting community, the next five policy areas relate to response to new development, while the final three policies involve organ- ization, equal opportunity and update. Following each of the policies are specific action programs designed to carry out the policy. use its best efforts to implement these action programs consistent with sound legislative judgment. In implementing this program due consideration will be The city shall -. . given to the balance of new and existing housing, available resources, environmental protection and general c*.munity welfare. Policy I Preserve the existing character of the city and protect existing ,. residential comunities from encroachment'of incompatible ses or degradation of environmental quality by establishing "preservation districts"' within the city. These districts might' correspond to the city's .census tracts. -- ,. Actions 1-1 - Monitor s,igns of early decline within "preservation districts" by conducting frequent spot inspec'tions of housing condition and - .? . * attcmptirrg to make rehabilitation funds available if necessary. -12- 1. I' 1' 0 ~~ *.. , .. .. % .* .- 1-2 - htonitor signs of early decline within 'preservation disiricts' by con- ducting spot inspections of conditions'of public and community facilities and . .. . .. .* .- services. Conditions should be evatuatcd for possible inclusion in capital : , improve m en t p r og r a m . 1-3 .. Encourage greater involvement from community a.nd .neighborhood - .&, .. . .. . .. .. ,*. '0 tgaiizat ions in.t hb prservJt4on of existing neighborhoods. .. .. .. . .. . .. .. . .... . *. ' . . .. .. _. -.. - 1-4 - Distribute pubk notices of major City devclopnients and plans to -. i * coinmunity and neigh5orhood ba'scd groups. .-. .. . .. . .. .. . -. .. . .. .3 - t-5 .. Preserve where feasible the ciiy's historic houses from demofition or -2 / ' . conversion to inappropriate use. (Historic properties arc eligible for federa! e-. .. .. and state funds to carry out rehr,bilitation; these funds are clifficuft to cbtaii' and so economic feasibility of maintenance or conversion cf historic sites is of ' primc importance. .' .. - .. .. .. *. .I yhe City shctuld utilize code ctlforcement ' and rchnbilitath activities to reserve and .rehabi 1 i tate the housing stock within the Vi 1 lage Area Redeve 1 opmen t Pro j ec. t,. .. ', .. .' .. . -* .. Actions . $ . - 11-1 - Continuc thc on-going rehnbiIitc71ibn of residcnccs now procccdirig in the , ' area wit11 funding fron.r.tfw city's t>locIc grant program. . c \I 11-2 - Pursue funding through .federal and state rehabilitation _L_ programs which would allow the city the flexibility to provide rehabilitation assistance to investors,, and moderate and middle income owners. Aqong those programs allowing greater flexibility which will be pursued if-funds-are-dvailable: (1) Issuance of Marks Foran Residential Rehabilitation Bonds, and (2) Application - for federal Section 312 loans for the designated area by the Carlsbad Housing and Community Develbpment Commission. Rent maximums allowed on investor owned rehabilitated units would be those established by the Department of Housing and Urban Development for its Section 8 Moderate Rehabilitation Program. 11-3 - Seek to maintain and improve public facilities and services within the Village Area Redevelopment Project. to come either from additional Community Development Block Grant P (Funds monies, tax increments, bond issues or general city funds.) POLICY I11 Develog a greater diversity of housing types and programs to meet a significant share of Carlsbad's lower income housing needs; maintain and rehabilitate where necessary the existing stock of lower income housing. Carlsbad's three year t.arget go.al as presented in the Areawide Kousing Opportunity Plan (AHOP) of Febrkary, 1981;is 204 assisted-households-(uni.ts):-Carlsbad's. one year..,goals .are.listed.in-the-following - table. _. Yearly-Assistance-Goals (AHOP 2/81) - Small family households Large family households Elderly households Total. households requiring assistance 44 - 6 I 15 65 I - The. anticipated . number. of. units , to. be provided . by. the. I various-programs-is-shown.on.the.table-located*on pages-7, 8j.and-9.of-this-element. Actions 111-1 - Pursue those federal and state housing programs which are compatible with the character of the city and can provide the'most housing units toward meeting the city's current and projected needs. 15 I' ,I \I 111-2 - Continue the existing Section 8 Housing Assistance Program (240 units seeking revised rents from the Department of Housing and urban Development consistent with coastal area market' prices. 111-3 - Apply to the Department of.Housing and Urban Develoment for an addititmalaunits of Section 8 assisted housing to be phased over the five year time frame of this Housing Element (1980-1985). The allocation of these units between elderly and non-elderly households would be determined by funding priorities of the Department of Housing and Urban Development and the City ' of Carlsbad Housing and Community Development Commission. 111-4 --Conduct-a-citywide-referendum requesting authority to;develop as many as 250 new units of-family (affordable) s housing-on-scattered sites throughout Carlsbad. 111-5 - Conduct a citywide referendum (preferably at a general election) specifically requesting authority to develop as many as 250 new units of senior citizen housing on scattered sites in Carlsbad. Sites would be possible in any of the city's four geographic quadrants but they should be consistent with site selection criteria outlined under Policy VI (Adequate Sites). Successful referendum will allow the city to explore public housing as development alternative. (Referendum.was-passed 11/80). 111-6 - Contact the California Department of Housing and Community Development to participate through the Carlsbad Housing Authority in the Rental Construction Assistance I' <' 0 Program. to local authorities to assist in the development of lower Funds authorized by state law are now available income housing through sale of tax exempt bonds, purchase of rights of occupancy, write-down of land and development costs and operating assistance for qualified units . TIT-7 - Establish a Housing Development Fund to assist in land purchase or write down costs for development of lower income housing. Sources of such funds may be state rental construction funds, portions of annual CDBG grant not used for rehabilitation or state or federal contributions to ~ non-profit housing sponsors. In addition,.any funds accruing to the city as a result of in-lieu fees for coastal zone new construction will be added to the Housing Development Fund to assist in the development of low and moderate income housing. 111-8 - Condominiums and condominium conversions'will constitute a significant part of the city's stock of __L_ affordable housing. 'It is a definite objective and policy of this plnn to insure that the design and location of condominium buildings and the quality of the project be reasonably consistent and compatible with other types of separate ownership housing. In order for the standards for new condominium construction to be valid, it is also necessary to apply the same standards to condominium conversions. In order to insure that all condominiums offered for sale meet the city's goals, the city also wishes to give consideration to the need to reduce and ,' , L '. \I mitigate the forced to re impact of conversions on tenants who are ocate. I- 'is the policy of the city to reduce and mitigate these adverse impacts by providing adequate notification procedures and relocation assistance, including requiring the person converting the condominiums to make payment toward relocation and moving costs and the city to provide additional counseling, referral and other services to aid the tenants being displaced in finding replacement housing, POLICY IV. Give consideration to future action on those federal and state policies and programs designed to increase the supply of moderate income rentals and opportunities for moderate income ownership. general legislation in support of moderate income housing might be considered. The following types of Actions - IV-1 - State legislation that would increase renter credit allowable to all households on their state income tax. (Current credit allows $60.00 for single renter, $137.00 for married couples or unmarried head of household.) cI_ IV-2 - State legislation to require the California Housing Finance Agency to use the major part of its bonding power to support moderate income rental construction through local authorities. . *. -*. . : 1'2 e e __. IV-3 - State legislation setting up loan construction fund for housing development for disabled persons (AB 1045) . I__ IV-4 - Federal legislation that would increase funds available to local government for moderate income rental development an3 to raise rental limits on existing assistance programs. IV-5 - Federal legislation to extend and increase interest subsidy programs for moderate income-home - ~ ownership similar to those now olffered by local savings and loans through the Federal Home Loan-Bank Board. - IV-6 - State legislation to provide mobile home resident associations with right of first refusal on . purchase of mobile home parks. POLICY v Develop public incentives to assist the private market in providing broader housing opportunities for development of low and moderate income housing. Act ions I_ V-7 - The city will develop a voluntary inclusionary and density bonus program which would implement Section 65915 et.seq. of the Government Code. The bonuses and incentives provided pursuant to Section 65915 et.seq. shall be alternative and not additional to-the bonus provided in Action V-2 or required or permitted by other housing programs. r4 0 Action 2 - The city .will_develop a voluntary inclusionary and dens’ity bonus program allowing a maximum of 20 percent density bonus in exchange €or 15 percent of units reserved for low and moderate income rentals; the development may be.mixed sale and rental; moderate income rent limits should be equivalent to maximum €air.market rents set by Department of Housing and Urban Developmet for Carlsbad. V-3 - Consider amending ordinances so that the mixed use of compatible .commercial uses with residential - units is encouraged particularly in the Village Redevelopment Project and in the community centers of newly developed master plan areas. (Compatible commercial uses may include administrative and professional offices, retail uses with pedestrian orientation and some public uses, See Village Area Redevelopment Plan), Combination.Districts (combining 2-or-more genera1,plan-land-use designations.over.the. same-piece.of -property) are also successfufl~y-used in Carfsbad.to-provide-mixed-use; _I_ V-4 - Consider amending ordinances to allow development of low and moderate income rentals with reduction of normal off-street parking requirements, and increases in allowed density in the downtown area. V-5 - Consider amending ordinances to extend the _I_ provisions of the Senior Citizens Housing Development Ordinance to additional zones besides the R-P zone. 2.0 V-6 - Consider amending ordinances to adopt a formula for waiving of facilities, services, or valuation fees I_ specific-plans- for.development.. .The city.will require. or a percentage thereof on development of units qualifying as low and moderate income rentals. V-7 - Reserve a portion of annual public services - allocation capacity for development of units qualifying as low and moderate income. ' Reserve sewer.capcity will be -banked on an - annual basis . - V-8 - Encourage preparation of a citywide Master Environmental Assessment to reduce the .time and detail required for individual reviews particularly those applicable to small parcels of land in already developed areas. .V-9 - - Encourage preparation of specific or.master plans for residential development on specified sites within the city to obviate need for further environmental review of individual projects within such specific plan areas . V-IO - The city will adopt programs for rent - regulations and resale control where federaf.subsidies mandate such programs, or' where the City Council deems necessary to ensure that units developed pursuant to Actons V-1, V-3, V-4, V-5, and V-6 remain available to persons of low and moderate income. , V-I 1 - -- Much -of. the ~ undeveloped land in - Carlsbad is located-in areas.where ordinances reauire master or 0 0 that a portion of such master or specific plan areas be utilized! for housing which helps meet Carlsbad's identified-(AHOP).share-of.the.regional.need- - V-12 - In master planned or specific planned areas in which low and moderate incbme rental units are provided density increases of no more than 50% of the maximum residential density specified in the Land Use Element I may be permitted by the City Council. V-13 -.For-those-areas of-the-city with density ranges of-0-4-dwelling~units per.acre, a density increase of up-to-25%-over.the maximum density may-be-allowed _cI provided-that-50%.of. the bonus. shall be utilized-for - housing-which-helps-meet.Carlsbad's-identified.(AHOP) share -of - the - regional -need e - - A. Planned - Unit - Development (PUD) -shall-be-utilized-for-this program. V-I$--.The-City. Counci1,may-modify-certain-requirements (guest-parking;-street.widths;-open.space;..etc.). in-the- PUD-0rdinance-for-projects-providing-housing.t~at meets Carlsbad's.identified- -% (AHOP) share.of the regional- n kq.,;ng need.. Modif ic-ation -of standards shall not be ' considered. if - the. project -will - be significantly reduced - in quality. - V-15 - Participation in San Diego Local Area Certification whereby HUD certifies city development codes to cut processing time in VA and FHA programs. 31 e 0 V-16 - The city will adopt an ordinance for "fast- tracking" of housing projects which helps meet Carlsbad's.share-of-the-regional need. Such an ordinance-will.include-a.reduction in-building-fees, plan-check-priority; and-field-inspection-priority. V-l7---The.city-shall develop-a-new high-density- zone designed-to achieve-low-and-moderate-income-housing.. The-minimum.guaranteed-density.shal1-exceed the.current high-of 30 dwelling units-per acre. POLLCY VI Assure adequate and suitable sites for development of a variety of housing types and especially to assure af f ordab i'l ity . Actions VI-I - Plan to include sites suitably zoned for medium and higher densities (20 to 30 units per acre) in all LI_ new development. (Determination of density and location with individual projects to be negotiated by . staff and developers subject to council approval). , VI-2 - Encourage developers to indicate appropriate sites for low and moderate income housing development LI_ in master plans. VI-3 - Encourage the development of suitable sites within the city for manufactured housing including mobile home parks and, mobile home and modular unit subdivisions and consider zone code amendments for such housing. VI-4 - Assure suitable sites for a.variety of housing - I_ types by amending subdivisions and zoning ordinances to provide for the establishment of exclusive mobile home zones and to establish criteria for the location of factory built housing on a variety of sites throughout ” city. Such ordinances may provide for standards for development and desi,gn as well as providing’ special the considerations for low and moderate income and senior citizen residences or projects. reduce the impact of the conversion of mobile home parks to other uses by providing for procedures for notices to occupants and adequate assistance for relocation of persons and units. Such ordinances may also If the City Council determines it is necessary to protect low and moderate income citizens and senior citizens from being displaced from existing mobile home parks by unreasonable or unjustified rent increases such ordinances may also regulate rents. VI-5 - Review site-suitability for-low-and moderate income housing projects based on HUD: site and neighborhood standards (5880.206) which include - (as a part) the. following criteria: The-site must-promote greater choice of housing- opportunities-and-avoid-undue.concentration-of. assisted-persons.in-areas-containinga.high- proportion-of ~ 1ow-income.pkrsons. The-site-must-comply with-any-applicable-conditions in- the .local Housing Assistance Plan ~ approved by HUD . I__ -__r The housing must be accessible to-social, recreational, educational,. commercial, and health facilities and services, and other municipal facilities.and services that-are at least equivalent to - those typically- found in -neighborhoods consisting largely of unassisted, standard housing of similar market-rents. (4) Travel time and cost via public transportation or private automobile, from the neighborhood to places of employment providing a range, of jobs for lower- income workers, must-not-be-excessive. -(While-it is important- that 'elderly.housing -not be totally- isolated from employment opportunities, this. requirement-need-not-be.adhered-to-rigidly for such projects. - POLICY VI1 Plan for the location of major new residential development along transportation and transit lines to assure access to commercial and industrial % employment centers; plan for residential development to accommodate anticipated growth, as approved by City Council from available forecasts. ACT1 ON S VII-1 - Undertake a community education program within each of the city's four quadrants to acquaint, residents with expected growth, availability of services and facilities and possible impacts. -*---- VII-2 - Seek cooperation of major employers in estimating five-year job growth, profile of employees and estimate of housing needs. VII-3 - Prepare grant application to the Economic Development Administration, Department of Commerce to develop program to evaluate future Carlsbad employment growth in light of housing trends and a. L needs. This program should consider volume, and location of employment related' to housing and public facilities. - VII-4 - Prepare estimate of major service and facility capacity (housing units) for five-year period (1980-1985)'and evaluate against agreed upon population forecasts. .. 8. (4). Proximity to medical, recreational and cultural facilities. (5) Proximity to coavunity 2nd commercid. services. (6) Proximity to educational facilities. Policy VI1 . Plan for the location of major new residential development along - .. , transportation and transit lines to assure zccess to commercial and industrial employmezt centers; phi1 for residential development to . * accommodate anticipated growth, as approved by City Council from available . e .* forecasts. *. .. ., . .. . . Actions - VII-I - Undertake a community education program within each of the city's four quadrarlts to acquaint residents with expected growth, availability of services and facilities and possible impacts. 'VII-2 - - Seek cooperation of major employers in estinating five-year job growth, ?rofile of employees and esti.!ate of housing needs. . LI__ VII-3 - Prepare grant application to the Economic Development Administration, Department of Commerce to develop program to evaluate future Carlsbad employment growth in light of housing trends and needs. This program should roiisider volume, type and location of employment related to housing and public facilities; .. "VII-4 c__ - Prepare estimate of major service and facility capacity (housing units) for f ive-year period (1980-1985) and &valuate against .. .. agreed upon population fbrecasts. . .. -1 I. * Policy VlIf Actively pursue organizational changes and t'he development of new organizations to facilitate meeting the city's housing needs. Actions . --. Vlll-1 - Attempt to form an areawide Housing Council' with other North County cities, and representatives of San Oiego .County (San Diegui to area), the U.S. Department of Housing'and Urban Development, and the California ' Seate Department of. Hous ing and Community Development to: (I) * Coordinate'existing and future housing assistance programs for .. .. . . North County, (2) Share waiting list information to direct eligible' applicants to nearest location, *. .. (3) I(4) Develop common vacancy and counseling services to be shared by all, Seek the cooperation of all member jurisdictions of the Housing 'Council to meet individual fair share needs, e. (5) Consider the development of a public/private coalition to seek passage of local and a,reawide Article 34 referenda. 'VI 11-2 - Work with local non-profit and 1 imi tea profit groups to develop ' applications for housing development, loan and counseling funds available to such groups through state and federal programs, . VllI-3 - Evaluate expansion of the fun'ctfons of the city's Housing and Community Development Commission to include municipal finance and land ", .. a banking functions. (Community Deve,lopment Commissions are permited under California law to expand their functions' to allow participation in .direct develop men t activity .) . Bo!icy 1 X All housing in the city should be sold or rented, in accordance with the federal - and state government's equal opportunity regulations. . * - .... Actions I X-1 - Continue and support zffirmative fair market programs by builders . developing .. housing in Carlsbad. - IX-2 - Encourage deveIoper/owrrers of mobilehome parks to operate in confor- ,, . _e i mance with 'open' park laws. Report any closed par'k practices to the San - Di ;go Gistrict Attorney's Office. . - '. Policy x PeriodicalIy review when necessary. U Act ions all busing program implementation efforts and update 9. .. .* .. I I. Q - X-l - The Planning Department should prepare an annual report on implementa- -, ' tion of the Housing Element Goals and Policies for Planning Commission and .' . City Council review. .. - X-2 - Conduct update and evaluation,of projections, needs,' and goals in Housing Element when Series V Population Forecasts have been adopted by the city. . -. - k-3 - Conduct update and evaluation of bousi'ng needs when 1980 census data is avai I ab le. -- . _. .- X-4 - Conduct major update, evaluation and necessary revisidns of the Housing . Element in 1985 (five year revision). * .. . .... . 4 -. '.. .. .. .* .. .. .. .I . ". .. . .. .. 3; . . .. 0 e : .. 4' L .. \- Ill, Ih4 PLEM ENTATION The preceeding policies and action programs are designed to meet a broad range of housing goals and needs identified in the Ho'using Elercent. .The design of the progFam is comprehensive in an attempt to meet both long-range community needs However, in order to implement the program, priorities must be set which will concentrate resources on the most immediate needs, make best use of the resources available and in some cases identify the need for additional . and the state guidelines. * I. 4 .* . . .... time, staff or funds. A, PRIORITIES FOR IMPLEMENTATION The following priority areas reflect the city's most immediate needs as perceived by L-, the housing Element Review Committee and reviewed and approved by ?fanning Commission and City Council. This section identifies those priorities arid indicates the ability of the city to implement necessary programs. These priorities set the .. I' . 1- framework for immediate programs over the next two years but are not int.ended to , E~.~CC the importance of the entire comprehensive housing strategy described .in 8, 1' Section 11. .. c I 1. Preserving Housing and Neighborhoods I -, ... Major policy and program suggestions of the Housing Element -relate to this priority. The City's major efforts in preservation should be commited to conccn- tratcd rehabilitation in and around the downtown area. This priority is selected for most of the city's detcriorating housing is located in this area, a . .. ' several reasons: .. 32. '* a . c .' ' . ,” I : major downtown rehabilitation project is already underway and the Housing and Community Development Commission is already ‘empowered to direct public and 4 .. .. private resources to the area. Major additional work to be Gndertaken is the devetopment of additional, more flexible sources of rehabilitation assistance to be used to meet the goals expressed both in the Housing Element and in the Village Area .. Redevefopment Program, Identifying. and developing such sources to be used by the Commission should require no new staff to be added to the combined Housing and . R edevelop rn ent staffs. R espo n s ibi li ty: Housing and C om m unity Development Department; time frame 1980-1982; funding $I 2. Adequate Provision of Housing 3,000. Major policy and program suggestions of ..he Housing Element relate to this priority. The city’s major efforts in adequate provision should be comniitted to acceptit‘g its fair share allocation of. low-income units, applying to HUB for addi- tional Section 8 assisted units, conducting a successful referendum for senior citizen .. housing and developing senior citizen housing on scattered sites in the city. These pricsr%ies are sciected for several reasons: there is a pressing need for low-income fa’mily and elderly units, pursuing the courses outlined above would more than meet the city’s ‘good faith” goals for its lower income fair share al.location, article 34 referenda for senior citizen busing are usually successful, and with a succes‘ful referendum the city would have a wide variety of options open to it as to how to develop the senior citizen housing. Major additional work ?o be undertaken under this priority is a new Section 8 ippiication, organizing a referendum, and presenting the Housing and Community Development Commission with alternative ways to dcvelop~scnior citizen housing. This work would relluirc the commitment of one full . .. qz: * 33 3. < Q.' ,* .. .', the staff person from the Housing Community Development staff for a two-year . .' period. Responsibility: Housing and Community Development Department; time frame 1980-1982, fundhg $50,000. 3. Achieving Affordability Major policy and program suggestions of the Housing Element relate to this priority. continued to developing public incentive programs to foster private devclop- ment of affordable housing', the projected growth of the city means that private housing development will The city's major efforts in achieving 'affordability should be This priority is selected for several' reasons: I -.. be at high levels over the next five years, "affordable" housing (above median income, but below current market prices) is needed in the city, demographic and eniployment projections indicate a growing need for such moderately priced housing in Carlsbad, and public programs whether federal, state or local are unable to meet this type of need, under this priority is the development of a voluntary inclusiocary zoning End density bonus program which will be attractive to developers and encourage Major additional work to be ur-dertaken -1 them to provide a small percentage of below market units. establishing the program, acquainting developers with it, tailoring ,it to Drafting ordinances, * I. their specific needs and working with them to assure its smooth application would involve a major commitment of probably one-half person staff tim: D over a two-year period. .a ' In addition, correlating such an ordinance with other * s,u.ggested changes such as reservation of public: facilities ,capacities will require staff and program commitment. Lastly, signiffcant staff time would be involved in the determination and administration of' rent controls. Responsibility: Planning Departmcnt; time frame 1980-1982; funding $25,000, .A.significant staff'need may be necessary in the administration of a resale .control and/or rent regulation program to insure units developed pursuant to .* . 1. I' , c .4 ' \" * this program would remain available to low and inoderate income persons. .4 . ..- .. *. Such a program would require an undetermined amount of time and money. Responsibility: . Housing and Community Development. 4. Balanced ResidentiaI Development With Access To Employment, Community Faci 1 i t i es , and Adequate Services - .. Major.policy and program suggestions of the Housing Element relate to this *priority. to obtaining better determinations of future employment growth and siting housing development to assure good access by road and transit. This priority is selected for several reasons: the city is a major industrial center in North County, "L The city's major efforts in balanced developmknt should be commi ted . 0 industrially zoned land is abundant and increased numbers of workers will need to be accommdated with housing and service;. Major additional work to be undertaken under this priority is the development of job projection data and its relationship to housing development in Carlsbad. This should require one haif time person commitment for one year from the planning Department. Responsibility: Planning Departm'ent; time frame 1980-1982; funding $12,500. B. REVIEW AND UPDATE EIR Review - An Environmental Impact Re prepared and fIled with all appropriate *F.G Carlsbad Hunicipal Code and the Gal u ort on this Hous ng Element has been agencies in accordance with Title 19 of fornia Environmental Quality Act. Public Participation - The Housing .. Element was developed yith the guidance and cooperation of a Citizen's Review Committee appointed by the City Council. ' This Review'Committee met in 12 sessions between May and October,' 1973. A final review meeting was held in January, 1980 followed by Planning Commission and City' Council Hearings and Workshops in the Spring and Summcr of 1980. *. .o 1. .< 41' ,' . .. . .... . i.. .. . . I' 1 e J ILtergovernmental Coordination - Regional data on population and housing forecasts and fair share allocation was utilized from San Diego's Council of Governments, the Comprehensive Planning Organization. >tate of California Review - This element has been reviewed by the Department of Housing and Community Development for direction and comment. comments were incorporated into this element. The Department's Local Review. and Update - .After sdoption by Planning Comniission and City Counci 1. . 'State of 'Cal ifornia 'Department of Housing and Community Development, 60 days review time. *. .. 'San'Diego County, A copy will be filed with'San Diego County pursuant to , development of future Community Development Block .. .Grant Program applications. 'City Staff - Carlsbad's Community Development Block.Grant submissions will be reviewed to a,sure conformance with Housing Element Goals and Program. . .. 'Comprehensive Planning Organization - - Series V Population Forecasts will be considered by Council late in 1980. .project;Q,,s, aiiocations and goals when preliminary Series V is available, City staff should review Housing Element .. and when final Series V has been adopted. .. .... .. . ..< .. .' Comprehensive Planning Organization - Fair Share Allocations, City staff should monitor any changes in overall allocation for possible changes in * Carlsbad's goal figures,' or any re-interpretations.of the fair share .. 0. . ' allocations. .. .- .. 'P .- 36 I.' ' *e L ( ,.. .- .* - I Department of Commerce,' Bureau of Census - The decennial national census .was taken April 1, 1980. Population breakdowns will soon be available. .. . . Detailed demographic and housing data will take much longer (I8 months). Review of Housing Element projections and goals should take place when the new data is available. Program Evaluation - Local evaluation of program effectiveness, and implementatior: of policies and e programs with recommendations for change .* should be conducted annually over the next five years with pub1 ic hearing . .... before the Housing and Community Development Cornmission. - .. Major - Iievision - A major evaluation and revi,sion of the Housing Element \ should take place in.1985. .- .. .. . .. .. 0 STAFF REPORT e DATE : August 26, 1981 TO : Planning Commission FROM : Planning Department SUBJECT: GPA-60 HOUSING ELEMENT I. BACKGROUND The city's existing Housing Element was approved by the City Council on October 28, 1980. Following approval it was sent to the State Department of Housing and Community Development (HCD). After a substantial amount of time, HCD notified the city that the Housing Element could not be certified until Carlsbad made firmer commitments to its proposed programs and included the lat- est assisted housing numbers (Carlsbad's share of low income units) provided in the Areawide Housing Opportunity Plan (AHOP). At that time the City requested more specifics from HCD on the types of changes needed to make the Housing Element certifiable. City staff met with HCD staff on July 7 and discussed the element in detail. HCD suggested a number of changes which would "strengthen" the Housing Element. Staff has made the changes proposed by HCD and has also added a few new programs to the Ele- ment. The city now has the option to adopt these changes by Oct- ober 1, 1981, or wait and revise the element under section 65586 of the Government Code, Elements certified prior to October 1 are allowed to be processed under the old Housing Element Guide- lines. Those elements certified after October 1 will be reviewed pursuant to Section 65586, which means meeting additional cri- teria. The new guidelines include requirements for establishing adequate sites including an inventory of possible sites for af- forable housing. It also appears that any changes required now by HCD would also be required under the new guidelines. c 11. PROPOSED CHANGES The actual changes in the Element (attached) are emphasized by the underlining of additions to the text. Deletions are indi- cated by a broken line typed through each word deleted. An index of the changes is attached. Major changes include the addition of the household assistance numbers on page 15 and the anticipated assisted units (number of units estimated to be generated by the various programs) on pages 8, 9 and 9a. A firmer commitment to the city's programs has been established by replacing terms such as "may" and "could" with "shall" and "will". 0 e New programs added to the element include a provision for fast- tracking projects (p. 23), a program which has already been adopted by the City Council. A second new program (p. 21) re- quires that residential master or specific plans reserve areas for low income housing. This program is already being utilized . in the city (e.g. Calavera Hills, La Costa). Another new program (p. 22) allows a density bonus of 25% above maximum in low den- sity areas (RLM) providing that 50% of the bonus is applied to low income housing. This program requires a PUD and would allow for possible adjustments to PUD standards, providing that the overall quality of the project is not significantly reduced. 111. RECOMMENDATION It is recommended that the Planning Commission recommend to the City Council that it APPROVE GPA-60 for the following reasons: 1) The changes proposed are not dramatic and the city would be sacrificing little to obtain a certified housing element. . 2) If the city waits until after October 1, it is likely that the same changes will be required plus additional criteria for certification. ATTAC KMENTS Planning Commission Resolution No. 1855 Index to Changes Revised Housing Element CG:wl 8/ 12/8 1 -2- t . "4 J& b. INDEX TO HOUSING ELEMENT REVISIONS I?* 54 - reference to V-12 and V-13 p. 8-9a - addition of anticipated assisted units p..15 - new assistance figures added (AHOP) p. 16 - 111-3 Future Section 8 units reduced from 250 to 30. p. 19 - V-1 addition of "will" p. 20 - V-2 addition of "will" . p. 21 - V-7 sewer reserve banked on an annual basis 111-4 new "family housing" referendum V-10 "may" to "will" and other wording V-11 new program regarding master and specific plans V-14 new program regarding reduction in PUD standards V-17 new program providing for a new high density zone ' p. 22 * - V-13 new program regarding density bonus for low density areas. p. 23 - V-16 new'program for fast tracking of projects p. 25 - addition of HUD site criteria 3 + TIA ATE, OP CALIFORNIA EDMUND G. BROWN JR., Governor -*4 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Division of Research and Policy Development 921 Tenth Street Sacramento, CA 95814 (91 6) 445-4725 August 27, 1981 . Mr. Frank Aleshire City Manager Ci ty of Carl s bad 120 Elm Avenue Carlsbad, CA 92008 Dear Mr. Aleshire: We have reviewed the City of Carlsbad's proposed revisions to its Adopted Housing Element. expressed in our review letter of the City's housing element, dated April 13, 1981 (copy attached). to the City's housing e7ement, the document will meet the requirements of Government Code Section 65302(c) and the 1977 Housing Element Guidelines. The document adequately addresses all of the concerns we Once these revisions are adopted as an amendment In accordance with our recommendations, the proposed revisions to the housing element include the following: a. quantified objectives for implementing programs which indicate a level of effort which exceeds the state benchmark for a "good faith, diligent effort," (consistent with AHOP goals) to provide for the housing needs of lower income households; b. program statements which evidence the City's commitment to implement its proposed programs; and standards to be used in evaluating the suitability of individual sites for nonmarket-rate housing. c. We congratulate the City on the overall quality of the Adopted Housing Element includingtheproposed revisions and for the level of effort the City plans to undertake. ambitious housing program. to Charles Grimm of the City's Planning staff who has worked closely with Department staff to make revisions to the City's housing element which bring We offer our encouragement towards the success of the City's ble would also like to express our appreciation 2- 0 . J .* Mr. Frank Aleshire * August 27, 1981 Page two it into conformance with state law. him. staff at (916) 323-6174, It has been a pleasure for us to work with If we can be of further assistance, please contact Maxene Spellman of our Si ncerely , Supervisor, Review Section cc : JCharl es Grim, P1 anner James C. Hagaman Planning Director SANDAG P k 4 5 6 7 a 9 10 x1 12 13 14 15 16 1.7 28 a9 20 21 22 23 24 25 26 2 7 28 A RESOJAUTIO& OF THE PLAYSING COXXlSS'tON OF THE CITY OF CARLSSAU, C4L.E FORVIA, RECO;+;!IZ:NDIKG DENIAL OF CERT'ATN AMEI\JLIi!tENTS T3 TH3 HOUSING ELEMENT OF TEIE GEP2ERAL PLAN FOR PROPEZTY LOC4TED IW THE CARLSEAD SPHERE OF JNZLrJEfdCE APPLICANT CITY 0% CAPLSBAD CASE NO: GPA-60 --- W€?EXEASj, the City Council did on the 28th day of October, 1980, approve the Housi.ng E1exent or' the General Plan: and to the HCD) where W!IZ:REAS I the chans;.es suggested by RCD werz incorporated into the Housing Element; and WiIERSAS, the Planning Commission did, on the 26th day of rlugust, 1981, hold a c?uly noticed. public hearing as prescribed by law, to consider said changes; and T'7HEREASr at said public hearing, ugon hearing and considering 311 testimony and argmeiits, if anyr of all 9ersons desiring to bcrt heard, said Corfirnission considered all factors relating to .Lhe Zeneral Plan Amendment; 2nd NOW, THEREFORE BZ IT BERZ:8:.i RESOLVED by the Planning Zommission as foilows: (A) That the foregoing recitations are true and correct. (E) ?%at based on the evidenc? presented at. 'che public hearing on August 26, 1984, and upon hearing and. considering testimony and argunmts, if anyI of all persons who desired to be heardl said carnnission finds that: 1. The existing Housing Ef-enent adequately reflects the goals and policies of the citizens of Carlsbad. /// 2 4 2) The proposed changes 2s suggested by FTCD are not necessa.ry to develop low and noderate income hoilsing i~ Calrlsbad (. C) hat the Planning Commission reconmended denial of the Housing I=le.r:ent as revised, attached as Exhibit A, dated July 30, 1951. PASSED, APPlli3VED AXD ADOPTE3 at a regular meeting of the Planning Coinmission of the City of Carlsbad, California, held 3i: the 26th day 0: August, 1981 by the Eollowing vote, to -,?it: AYES: Rombotis, Jose, Friestedt and L'Heureux NOES : Marcus p Farrow ABSENT: Sch1ehubt.r ABSTAIN : None ATTEST: CARLS 3AD P L ANN 1 NG COM4 I S S I: 0% PC RES0 1855 -2-