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HomeMy WebLinkAbout2011-03-22; City Council; Resolution 2011-044EXHIBIT 1 1 RESOLUTION NO. 2011-044 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE ANNUAL 3 HOUSING ELEMENT PROGRESS REPORT FOR JANUARY 2010 THROUGH DECEMBER 2010. 4 WHEREAS, the attached Annual Housing Element Progress Report has been 5 prepared to comply with Government Code Section 65400(a)(2), meet the grant funding 6 requirements of certain SANDAG and California Department of Housing and Community 7 Development (HCD) programs, and implement Housing Element Program 3.20. The purpose of 8 the report is to provide information to the City Council, the State Office of Planning and 9 Research, the State Department of Housing and Community Development and the public as to 10 the effectiveness of the Housing Element programs, as well as mark the City's progress in meeting its share of the region's housing needs. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 14 1. That the above recitation is true and correct. 2. That the report is accepted and the Planning Director is directed to submit the report to the California Office of Planning and Research, the California Department of Housing and Community Development, and the San Diego Association of Governments.17 /// 18 19 20 21 22 23 24 25 26 27 28 1 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of March 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. . WOOD, City Clerk ANNUAL HOUSING ELEMENT PROGRESS REPORT Part 1 - Housing Production Status (OCR Title 25 §6202 ) Parti page 1 of 3 Jurisdiction Reporting Period City of Carlsbad 01/01/2010 12/31/2010 Table A Annual Building Activity Report Summary - New Construction Very Low-, Low-, and Mixed-Income Multifamily Projects Housing Development Information 1 Project Identifier (may be APN No., project name or address) 2677 JEFFERSON ST 2701 HIGHLAND DR 3125 MONROE ST 1080 CHESTNUT AV 2 3 UnK Category Tenure R=Renter OOwner SU R SU R SU R SU R 4 Affordability by Household Incomes Very Low- Income Low- Income : AboveModerate-I Moderate-ncome : ncome 1 1 1 1 (9) Total of Moderate and Above Moderate from Table A3 >• > (10) Total by income Table A/A3 * * (11) Total Extremely Low-Income Units* 4 2 371 2 371 5 Total Units per Project 1 1 1 1 373 377 5a Est. # Infill Units* Housing with Financial Assistance and/or Deed Restrictions 6 7 Assistance Programs for Each Development See Instructions Deed Restricted Units See Instructions Zoning Ord." Zoning Ord.** Zoning Ord.** Zoning Ord.*' Housing without Financial Assistance or Deed Restrictions 8 Note below the number of units determined to be affordable without financial or deed restrictions and attach an explanation how the jurisdiction determined the unfts were affordable. Refer to instructions. * Note: These fields are voluntary ** Carlsbad Zoning Ordinance requires these units to be rented to a low income individual. For additional information and a description of the terms and methods used in Part 1 of this report, please see Appendix A.mXI to ANNUAL HOUSING ELEMENT PROGRESS REPORT Part 1 - Housing Production Status (OCR Title 25 §6202 ) Jurisdiction Reporting Period City of Carlsbad 01/01/2010 -12/31/2010 Table A2 Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant to GC Section 65583.1 (c)(1) Please note: Units may only be credited to the table below when a jurisdiction has included a program it its housing element to rehabilitate, preserve or acquire units to accommodate a portion of its RHNA whichmeetthe specific criteria as outlined in GC Section 65583.1(c)(1) Activity Type (1) Rehabilitation Activity (2) Preservation of Units At-Risk (3) Acquisition of Units (5) Total Units by Income Affordability by Household Incomes Extremely Low- Income* Very Low- Income Low- Income ' TOTAL UNITS 0 0 0 0000 (4) The Description should adequately document how each unit complies with subsection {c )(7) of Government Code Section 65583.1 ' Note: This field is voluntary Table A3 Annual building Activity Report Summary for Above Moderate-Income Units (not including those units reported on Table A) Parti page 2 of 3 No. of Units Permitted for Moderate No. of Units Permitted for Above Moderate 1. 2. Single Family 2 -4 Units 2 299 72 3. 5+ Units 4. Second Unit 5. Mobile Homes 6. Total 2 371 7. Number of infill units* Note: This field is voluntary ANNUAL HOUSING ELEMENT PROGRESS REPORT Part 1 - Housing Production Status (OCR Title 25 §6202 ) Parti page 3 of 3 Jurisdiction Reporting Period City of Carlsbad 01/01/2010 -12/31/2010 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability Enter Calendar Year starting with the first year of the RHNA allocation period. See Example. Income Level Very Low Low Moderate Deed Restricted Non-deed restricted Deed Restricted Non-deed restricted Deed Restricted Non-deed restricted Above Moderate Total RHNA by COG. Enter allocation number: RHNA Allocation by Income Level 1,922 1.460 1,583 3,411 8,376 Total Units > > > 2003 Year 1 2004 Year 2 85 2005 Year 3 2006 2007 Year Year 4 5 100 336 200 70 89 10 2008 2009 Year j Year 6 7 11 96 2010 Year Year 8 : 9 12 4 174 ; 184 672 1,267 1092 1,476 1,330 1,400 Remaining Need for RHNA Period * > + > > 306 ! 358 495 368 - - 2 147 256 163 175 2 371 377 Total Units to Date (all years) 196 817 362 4,439 5,814 Total Remaining RHNA by Income Level 1,726 643 1,221 -1,028 2,562 Note: units serving extremly low-income households are included in the very low-income permitted units totals. ANNUAL HOUSING ELEMENT PROGRESS REPORT Part 2 - Program Implementation Status January 2010 through December 2010 CODE KEY Status:Department or Division: C - Completed 0 - Ongoing 1 - In Process P - Pending D - Delete One-time project for which all work has been completed Completed program, but one that requires recurring activity Staff work is well underway and program will be implemented soon (including any necessary hearings) Program for which preliminary work needs to be initiated, or program is in early stages of work Program that may no longer be necessary or relevant due to another program, changed circumstances, or policy change BCE - Building & Code Enforcement CED - Community & Economic Development HNS - Housing & Neighborhood Services P - Planning F- Finance ANNUAL HOUSING ELEMENT PROGRESS REPORT Part 2 - Program Implementation Status January 2010 through December 2010 CODE KEY Status:Department or Division: C - Completed 0 - Ongoing 1 - In Process P - Pending D - Delete One-time project for which all work has been completed Completed program, but one that requires recurring activity Staff work is well under way and program will be implemented soon (including any necessary hearings) Program for which preliminary work needs to be initiated, or program is in early stages of work Program that may no longer be necessary or relevant due to another program, changed circumstances, or policy change BCE - Building & Code Enforcement CED - Community & Economic Development HNS - Housing & Neighborhood Services P - Planning F- Finance mxI CD Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program Description Status Dept/ Div Comments Condominium Conversion 1.1 The City will continue to discourage and/or restrict condominium conversions when such conversions would reduce the number of low or moderate income housing units available throughout the City. All condominium conversions are subject to the City's Inclusionary Housing Ordinance; the in-lieu fees or actual affordable units required by the ordinance would be used to mitigate the loss of affordable rental units from the City's housing stock. The City considers condominium conversions on a case by case basis. In 2010, the City received one application to convert two single family homes on one lot into airspace ownership units. Mobile Home Park Preservation 1.2 The City will continue to implement the City's Residential Mobile Home Park zoning ordinance (Municipal Code 21.37) that sets conditions on changes of use or conversions of Mobile Home Parks. The City will also assist lower income tenants to research the financial feasibility of purchasing their mobile home parks so as to maintain the rents at levels affordable to its tenants. P, HNS The City continues to implement the mobile home zoning ordinance and has held initial discussions with stakeholders regarding potential assistance to tenants purchasing Lanakai Mobile Home Park. Acquisition/ Rehabilitation of Rental Housing 1.3 The City will continue to provide assistance to preserve the existing stock of low and moderate income rental housing, including: • Provide loans, grants, and/or rebates to owners of rental properties to make needed repairs and rehabilitation. • Acquire and rehabilitate rental housing that is substandard, deteriorating or in danger of being demolished. Set-aside at least 20 percent of the rehabilitated units for very low income households. • Provide deferral or subsidy of planning and building fees, and priority processing. Priority will be given to housing identified by the Building Department as being substandard or deteriorating, and which houses lower income and in some cases moderate income households. O HNS, BCE Requests for acquisition/rehabilitation of rental properties are considered on a case by case basis. Rehabilitation of Owner- Occupied Housing 1.4 As the housing stock ages, the need for rehabilitation assistance may increase. The City will provide assistance to homeowners to rehabilitate deteriorating housing. Energy conservation improvements are eligible activities under the City's rehabilitation assistance. Assistance will include financial incentives in the form of low interest and deferred payment loans, and rebates. Households targeted for assistance include lower-income and special needs (disabled, large, and senior) households. O HNS The City has implemented a home repair program for owner occupied properties that provides loans which are forgiven after 5 years. In 2010, the City aided two households with home repair loans. O Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Preservation of At-Risk Housing 1.5 One project - Seascape Village - within the City may be considered as at risk. This project has deed restrictions on 42 units that are set to expire January 1, 2009. The City will monitor the status of projects such as Seascape Village that may be at-risk, ensure tenants receive proper notification of any changes and are aware of available special Section 8 vouchers, and contact nonprofit housing developers to solicit interest in acquiring and managing at risk projects. HNS Notices to tenants at Seascape Village were monitored and City staff worked with owners of Seascape Village in an attempt to extend the affordability restrictions. Property was sold and new owners declined to work with the City further. Adequate Sites 2.1 The City will continue to monitor the absorption of residential acreage in all densities and, if needed, recommend the creation of additional residential acreage at densities sufficient to meet the City's housing need for current and future residents. Any such actions shall be undertaken only where consistent with the Growth Management Plan. In order to ensure that adequate residential acreage at appropriate densities is available to meet the City's Regional Housing Needs Assessment (RHNA) the City will implement the following objectives: a. The City shall process a general plan amendment(s) to redesignate a minimum net acreage of each site in Table 6-1 to RH and require that the redesignated sites be developed at a minimum density of 20 units per acre. As part of this program, the City shall also process all necessary amendments to the Zoning Ordinance and other planning documents, such as master or specific plans. Table 6-1 General Plan Amendment (RH): Ponto and Quarry Creek Property Ponto Quarry Creek Commercial Mixed Use Ponto APN 216-140-17 Portions of 167-040-21 Portion of 216- 140-18 Approximate Minimum Acres to be Redesignated toRH 6.4 15.0 2.8 Density Yield 128 300 28 P, HNS Housing Element Section 3, Resources Available, identifies the "Bridges at Aviara Affordable Housing Component" as a project that would help Carlsbad meet its Regional Housing Needs Assessment (RHNA) for lower income units during the current 2005-2012 housing cycle. The applicant of this privately- initiated proposal has withdrawn the project, resulting in the loss of 76 potential low income apartments; this loss affects the City's ability to meet its RHNA. Housing Element Table 3-12 shows Carlsbad's RHNA needs and how the City intends to meet those needs through adequate sites, or numbers of units. With the Bridges at Aviara Affordable Housing Component, Carlsbad had 50 units more than it needed, as the table reflects; with the loss of the Bridges project, the City has a 26 unit moderate income deficit. These units must be replaced in either the lower income or moderate income categories for the City to continue to meet its RHNA during the current housing cycle. When reviewing Table 3-12, please note that the surplus of lower income units may be counted toward satisfying the deficit of moderate income units. It is anticipated most of the 26 unit deficit will be made up by the Dos Colinas project, a large senior community proposed near El Camino Real and College Boulevard, (continued on next page) Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept; Div Comments b. The City shall process a general plan amendment(s) to redesignate a minimum net acreage of each site in Table 6-2 to RMH and require that the redesignated site be developed at a minimum density of 12 units per acre. As part of this program, the City shall also process all necessary amendments to the Zoning Ordinance and other planning documents, such as master or specific plans. Table 6-2 General Plan Amendment (RMH): Quarry Creek Property Quarry Creek APN Portions of 167-040-21 Approximate Minimum Acres to be Re-designated to RMH 17 Density Yield 200 Adequate Sites (Continued) 2.1 c. The City shall process general plan amendments to establish minimum densities of 12 units per acre and 20 units per acre for the RMH and RH land use designations, respectively, except for those RH designated properties in the Beach Area Overlay Zone. d. The City shall process amendments to the Village Redevelopment Master Plan and Design Manual and/or other planning documents as necessary to establish, for residential projects and mixed use projects with residential components within the Village Redevelopment Area, minimum densities equal to 80% of the maximum of the density range. For land use districts 1-4 (density range of 15 - 35 units per acre), as specified in the Carlsbad Village Redevelopment Master Plan and Design Manual, 80% shall be 28 units per acre. For land use districts 5-9 (density range of 15 - 23 units per acre), 80% shall be 18 units per acre. Furthermore, the City shall approve modifications to development standards of the Carlsbad Village Redevelopment Master Plan and Design Manual if a project satisfactorily demonstrates as determined by the City that such modifications are necessary to achieve the minimum densities. P, HNS The public comment period on the Dos Colinas Draft EIR has closed and the project, if approved, is expected to receive city entitlements before the end of the current housing cycle. To satisfy its inclusionary housing need, Dos Colinas proposes to make affordable 20 units in the Cantarini/Holly Springs apartment project. This 80 unit complex, approved to be constructed near the Dos Colinas proposal, is identified in Housing Element Table 3-2. Half of the complex is already set aside for low and moderate income families and meets the inclusionary needs of the Cantarini/Holly Springs single-family residential development. The remaining 40 units of the apartment complex are market rate units; the Dos Colinas developer has proposed to deed restrict 20 of these remaining units for lower-income families. With the Dos Colinas project proposal, the city still needs to identify six additional units to meet its RHNA obligations for lower and moderate income units. The proposed master plan for Quarry Creek includes more acreage than the Housing Element identifed for the project (an adjacent and vacant 56-acre parcel). Potentially, this additional area may enable the designation of more lower or moderate income sites in Quarry Creek than the 500 units anticipated in the Housing Element (see item a below). Therefore, the City anticipates the shortfall can be made up at Quarry Creek. See Housing Element pages 3- 10 and 3-11 and tables 3-4 and 3-9 for further information about Quarry Creek. a. An application for a master plan was submitted in 2010 for the Quarry Creek site which will implement Program 2.1. (continued below) Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY2Q|3Q HpMsingrliemeniPrograni Implementation Status Program Program * Description Status Dept/ fflv Comments Adequate Sites (Continued) 2.1 The City shall process amendments to the general plan and zoning ordinance and process other planning documents as necessary to establish and permit the minimum densities, areas, and land uses as described in Section 3 and specified in Tables 3- 4, 3-6 and 3-9 for the Barrio Area. The City shall amend its zoning ordinance, general plan, and other land use documents as necessary to permit residential in a mixed use format on shopping center sites and commercial areas with a General Plan designations of "CL" and "R" and zoning designations of "C-L," "C-1" and "C-2," and/or other general plan and zoning designations as appropriate. Mixed use residential on shopping center and commercial sites shall be at a minimum density of 20 units per acre. The City will encourage the consolidation of small parcels in order to facilitate larger-scale developments. Specifically, the City will make available an inventory of vacant and underutilized properties to interested developers, market infill and redevelopment opportunities throughout the City, particularly in the Village Redevelopment Area and proposed Barrio Area, and meet with developers to identify and discuss potential project sites. For the Barrio Area, incentives shall be developed to encourage the consolidation of parcels and thus the feasibility of affordable housing. These incentives shall include increased density and other standards modifications. To facilitate development in the Village Redevelopment Area, modification of standards (including increased density) are permitted for affordable housing, "green" buildings, and projects which meet the goals and objectives of the Village (which include residential and mixed use developments). In addition, the City offers offsets to assist in the development of affordable housing citywide. Offsets include concessions or assistance including, but not limited to, direct financial assistance, density increases, standards modifications, or any other financial, land use, or regulatory concession which would result in an identifiable cost reduction. The City will also encourage lot consolidation by assisting in site identification. P, HNS The application proposes 290 units for the RH designation and 366 for the RMH designation, for a total of 656 units. b. See item "a" above. c. The amendments have been drafted and are currently under internal review, and staff anticipates that Planning Commission and City Council hearings will occur in 2011. d. Amendments to the master plan are currently in process. e. This task will be completed as part of the comprehensive general plan and zoning ordinance update, which is currently in process and expected to be completed in 2013. f. The amendments have been drafted and are currently under internal review, and staff anticipates that Planning Commission and City Council hearings will occur in 2011. g. HNS maintains a monthly "Real Estate Hot Sheet" that lists properties that are available for lease and for sale within the Village area. The HNS Dept. is currently reviewing two projects in the Village that are asking for a modification to standards. The justification for modifying standards are that the projects meet the goals and objectives of the Village (mixed-use), are located within close proximity to public transit, and will be achieving a LEED Silver certification for a "green" building. For the Barrio Area, the City maintains an inventory of vacant and underutilized properties, which is available to developers. The development of incentives for lot consolidation will be considered as part of the comprehensive General Plan and Zoning Ordinance update currently in process. Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program#Description Status Dept/ Div Comments Flexibility in Development Standards 2.2 The Planning Department, in its review of development applications, may recommend waiving or modifying certain development standards, or propose changes to the Municipal Code to encourage the development of low and moderate income housing. O The City considers waivers and modifications to development standards to assist in the development of affordable housing on a case by case basis. No projects in 2010 requested or received such waivers or modifications. Mixed Use 2.3 The City will encourage mixed-use developments that include a residential component. Major commercial centers should incorporate, where appropriate, mixed commercial/residential uses. Major industrial/office centers, where not precluded by environmental and safety considerations, should incorporate mixed industrial/office/residential uses. • As described in Program 2.1, the City shall amend the zoning ordinance and other necessary land use documents to permit residential mixed use at 20 units per acre on shopping center sites and commercial areas. The amendments have been drafted and are currently under internal review, and staff anticipates that Planning Commission and City Council hearings will occur in 2011. Energy Conservation 2.4 The City of Carlsbad has established requirements, programs, and actions to improve household energy efficiency, promote sustainability, and lower utility costs. • Enforce California building and subdivision requirements by requiring compliance with state energy efficiency standards (including adoption of the California Energy Code, 2007 Edition) and state Subdivision Map Act energy conservation provisions (Government Code section 66473.1). This latter code section requires subdivision design to provide future homes with passive or natural heating opportunities to the extent feasible through, for example, lot orientation. • Encourage solar water heating by requiring new residential construction (ownership dwelling units only) to pre-plumb to accommodate solar hot water systems. This requirement has been in effect since 1981. • Promote and participate in regional water conservation programs that allow Carlsbad Municipal Water District (CMWD) residents to receive rebates for water efficient clothes washing machines and toilets, free on-site water use surveys, and vouchers for weather- based irrigation controllers. The City publicizes these programs on its website, www.carlsbadca.gov/water/ wdtips.html. CMWD serves approximately 75 percent of the City. P, BCE The city adopted the Water Efficient Landscape Ordinance in 2010, and intends to implement the ordinance in 2011 through an update to the landscape manual. The 2010 Building Code, which includes the California Green Building Standards, will be considered for adoption by the City Council on March 22, 2011. Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Energy Conservation (Continued) 2.4 CMWD is also a signatory to the California Urban Water Conservation Council Memorandum of Understanding ("MOU"). Signatories to the MOU implement 14 Best Management Practices that have received a consensus among water agencies and conservation advocates as the best and most realistic methods to produce significant water savings from conservation. In 1991, Carlsbad adopted a five-phase Recycled Water Master Plan designed to save potable water. The result is that CMWD has the most aggressive water recycling program in the region when measured in terms of percent of supply derived from recycled water. In its 2005 Urban Water Management Plan, CMWD estimates that in 2020 seven percent of the water needs of the area it serves will be met by conservation, 21 percent by recycled water usage, and 72 percent by desalinated water. • In the Village Redevelopment Area, encourage energy conservation and higher density development by the modification of development standards as necessary to: o Enable developments to qualify for silver level or higher LEED (Leadership in Energy & Environmental Design) Certification, or a comparable green building rating, and to maintain the financial feasibility of the development with such certification. o Achieve densities at or above the minimum required if the applicant can provide acceptable evidence that application of the development standards precludes development at such densities. Modifications may include but are not limited to changes to density, parking standards, building setbacks and height, and open space. • Facilitate resource conservation for all households by making available through a competitive process Community Development Block Grants to non-profit organizations that could use such funds to replace windows, plumbing fixtures, and other physical improvements in lower-income neighborhoods, shelters, and transitional housing. O P, BCE The Housing and Neighborhood Services Department is currently reviewing two projects in the Village that request a standards modification in order to assist in achieving LEED Silver certification. Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2 .1 CY 2010 Housing Element Program Implementation Status ; : i Is&l HE Program Energy Conservation (Continued) Program # 2.4 Description • Per General Plan policy, reduce fossil fuel consumption and pollution and improve residents' health by requiring: o New development to provide pedestrian and bike linkages, when feasible, which connect with nearby community centers, parks, school, and other points of interest and major transportation corridors. o Multi-family uses to locate near commercial centers, employment centers, and major transportation corridors. • Designate "smart growth" areas in the City to help implement the San Diego Association of Governments Regional Comprehensive Plan vision for compact, sustainable growth. • Per the City's Growth Management Program: o Facilitate development of higher density, affordable, and compact development by allowing withdrawals from the City's Excess Dwelling Unit Bank (see Section 4 for further details) only for certain qualifying projects; these projects include transit-oriented/smart growth developments, senior and affordable housing, and density bonus requests. o Encourage infill development in urbanized areas before allowing extensions of public facilities and improvements to areas which have yet to be urbanized. Status O Dept/ •-Piv ;' P, BCE ,- - . - Coirtrnerits '»• - ' .-i-i^v The Village and Barrio are designated as a "smart growth opportunity site" on SANDAG's Smart Growth Concept Map. In 2010, the city applied for (but did not receive) grant funding to prepare a "smart growth" land use study and area plan for the Barrio. Land use planning for the Barrio is underway as part of the comprehensive general plan and zoning ordinance update, which is expected to be completed in 2013. A master plan for Quarry Creek, another designated potential smart growth opportunity site, was submitted in late 2010 and is currently in review. The City continues to make available excess dwelling units for qualifying projects (also see program 3.2 below). In 2010, no projects received an allocation from the Excess Dwelling Unit Bank. 8 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Inclusionary Housing Ordinance 3.1 The City will continue to implement its Inclusionary Housing Ordinance that requires 15 percent of all residential units within any Master Plan/Specific Plan community or other qualified subdivision (currently seven units or more) be restricted and affordable to lower income households. This program requires an agreement between all residential developers subject to this inclusionary requirement and the City which stipulates: • the number of required lower income inclusionary units; • the designated sites for the location of the units; • a phasing schedule for production of the units; and • the term of affordability for the units. For all subdivisions of fewer than seven units, payment of a fee in lieu of inclusionary units is permitted. The fee is based on a detailed study that calculated the difference in cost to produce a market rate rental unit versus a lower-income affordable unit. As of September 1, 2006, the in-lieu fee per market- rate dwelling unit was $4,515. The fee amount may be modified by the City Council from time-to-time and is collected at the time of building permit issuance for the market rate units. The City will continue to utilize inclusionary in-lieu fees collected to assist in the development of affordable units. The City will also continue to consider other in-lieu contributions allowed by the Inclusionary Housing Ordinance, such as an irrevocable offer to dedicate developable land. O P, HNS To comply with recent case law (Palmer/Sixth Street Properties, L.P. v. City of Los Angeles), the City amended its inclusionary housing requirements. The amendment, which results in only minor changes, is primarily needed to clarify that inclusionary requirements apply to rental projects only if the project developer agrees by contract to limit rent as consideration for a "direct financial contribution" or any other forms of assistance specified in density bonus law. Subject to the limitations imposed by Palmer, the proposed amendment does not interfere with the ongoing implementation of inclusionary housing requirements and based on previous development trends will not significantly impact affordable housing production. In 2010, the in-lieu fee per market rate dwelling unit remained at $4,515. Excess Dwelling Unit Bank 3.2 The City will continue to maintain, monitor and manage the Excess Dwelling Unit Bank, composed of "excess units" anticipated under the City's Growth Management Plan, but not utilized by developers in approved projects. The City will continue to make excess units available for inclusion in other projects using such tools as density transfers, density bonuses and changes to the General Plan land use designations per Council Policy Statement 43. Based on analysis conducted in Section 4, Constraints and Mitigating Opportunities, the City has adequate excess dwelling units to accommodate the remaining RHNA of 2,395 units for lower and 1,171 units for moderate income households, which would require withdrawal of 2,830 units from the Excess Dwelling Unit Bank. Through its continued implementation of the Growth Management Plan, the City tracks development and the Excess Dwelling Unit Bank in its monthly Development Monitoring Report. According to the December 2010 report, the excess unit balance is 3,012 dwelling units. These units are available for qualifying projects which include affordable housing and density bonuses. Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Density Bonus City-Initiated Development Program # 3.3 3.4 Description In 2004, the State adopted new density bonus provisions (SB 1818) that went into effect on January 1, 2005. Consistent with the new State law (Government Code sections 65913.4 and 65915), the City will continue to offer residential density bonuses as a means of encouraging affordable housing development. In exchange for setting aside a portion of the development as units affordable to lower and moderate income households, the City will grant a bonus over the otherwise allowed density, and up to three financial incentives or regulatory concessions. These units must remain affordable for a period of 30 years and each project must enter into an agreement with the City to be monitored by the Housing and Redevelopment Department for compliance. The density bonus increases with the proportion of affordable units set aside and the depth of affordability (e.g. very low income versus low income, or moderate income). The maximum density bonus a developer can receive is 35 percent when a project provides 11 percent of the units for very low income households, 20 percent for low income households, or 40 percent for moderate income households. Financial incentives and regulatory concessions may include but are not limited to: fee waivers, reduction or waiver of development standards, in-kind infrastructure improvements, an additional density bonus above the requirement, mixed use development, or other financial contributions. The City, through the Housing and Redevelopment Department, will continue to work with private developers (both for-profit and non-profit) to create housing opportunities for low, very low and extremely low income households. Status o o Depty Div P, HNS P, HNS Comments The City continues to provide information and work with developers to assist them in creating additional housing opportunities for lower income households. 10 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 GY 2010 Housing Element Program Implementation Status HE Program Program Description Status Div Comments Affordable Housing Incentives 3.5 The City uses Redevelopment Housing Set-Aside Funds and Housing Trust Funds to offer a number of incentives to facilitate affordable housing development. Incentives may include: • Payment of public facility fees; • In-kind infrastructure improvements, including but not limited to street improvements, sewer improvements, other infrastructure improvements as needed; • Priority processing, including accelerated plan-check process, for projects that do not require extensive engineering or environmental review; and • Discretionary consideration of density increases above the maximum permitted by the General Plan through review and approval of a Site Development Plan (SDP). O P, HNS, F The City continues to offer incentives to facilitate affordable housing. Land Banking 3.6 The City will continue to implement a land banking program to acquire land suitable for development of housing affordable to lower and moderate income households. The Land Bank may accept contributions of land in-lieu of housing production required under an inclusionary requirement, surplus land from the City or other public entities, and land otherwise acquired by the City for its housing programs. This land would be used to reduce the land costs of producing lower and moderate income housing by the City or other parties. The City has already identified a list of nonprofit developers active in the region. When a City-owned or acquired property is available, the City will solicit the participation of these nonprofits to develop affordable housing. Affordable Housing Funds will be made available to facilitate development and the City will assist in the entitlement process. CED, HNS Housing Trust Fund 3.7 The City will continue to maintain the various monies reserved for affordable housing, and constituting the Housing Trust Fund, for the fiduciary administration of monies dedicated to the development, preservation and rehabilitation of housing in Carlsbad. The Trust Fund will be the repository of all collected in-lieu fees, impact fees, housing credits and related revenues targeted for proposed housing as well as other local, state and federal funds. HNS, F The City continues to maintain the Housing Trust Fund, which had an available balance of approximately $13.5 million as of January 2011. 11 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE.-.-' Program Program #Description Status Deptf Div Comments Section 8 Housing Choice Vouchers 3.8 The Carlsbad Housing Authority will continue to operate the City's Section 8 Housing Choice Voucher program to provide rental assistance to very low income households. O HNS The Housing Authority continues to operate Section 8 Housing Choice Voucher Program. Mortgage Credit Certificates 3.9 The City participates in the San Diego Regional Mortgage Credit Certificate (MCC) Program. By obtaining a MCC during escrow, a qualified homebuyer can qualify for an increased loan amount. The MCC entitles the homebuyer to take a federal income tax credit of 20 percent of the annual interest paid on the mortgage. This credit reduces the federal income taxes of the buyer, resulting in an increase in the buyer's net earnings. O HNS The City continues to participate in MCC Program with 2 certificates issued in 2010. Senior Housing 3.10 The City will continue to encourage a wide variety of senior housing opportunities, especially for lower-income seniors with special needs, through the provision of financial assistance and regulatory incentives as specified in the City's Senior Housing Overlay zone. Projects assisted with these incentives will be subjected to the monitoring and reporting requirements to assure compliance with approved project conditions. In addition, the City has sought and been granted Article 34 authority by its voters to produce 200 senior-only affordable housing units. The City would need to access its Article 34 authority only when it functions as the owner of the project, where the City owns more than 51 percent of the development. O P, HNS The city continues to encourage senior housing opportunities through financial assistance and regulatory incentives. Housing for Persons with Disabilities 3.11 The City will adopt an ordinance to establish a formal policy on offering reasonable accommodations to persons with disabilities with regard to the construction, rehabilitation, and improvement of housing. The ordinance will specify the types of requests that may be considered reasonable accommodation, the procedure and reviewing/approval bodies for the requests, and waivers that the City may offer to facilitate the development and rehabilitation of housing for persons with disabilities. P, BCE In 2010, a zoning ordinance amendment to remove the definition of "family" was adopted by the City Council, and is currently pending approval by the Coastal Commission. The reasonable accommodations zoning ordinance amendment was drafted in 2010 and recommended for approval by the Planning Commission on Jan. 19, 2011 and is scheduled for a City Council hearing on March 22, 2011. Housing for Large Families 3.12 In those developments that are required to include 10 or more units affordable to lower-income households, at least 10 percent of the lower income units should have three or more bedrooms. This requirement does not pertain to lower-income senior housing projects. The City continues to implement this program as part of its inclusionary housing ordinance. In 2010, no permits for inclusionary units were issued. 12 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program Description Status Peptf Div:Comments Farm Labor Housing 3.13 Pursuant to the State Employee Housing Act, the City permits by right employee housing for six or fewer in all residential zones where a single-family residence is permitted. Farm labor housing for 12 persons in a group quarters or 12 units intended for families is permitted by right on properties where agricultural uses are permitted. In 2004, the City amended the Zoning Code to conditionally permit farm labor housing for more than 12 persons in a group quarters or 12 units/spaces for households in the E-A, 0, C-1, C-2, C-T, C-M, M, P-M, P-U, O-S, C-F and C-L zones. CED, P A zoning ordinance amendment to comply with Health and Safety Code Sec. 17021.6 has been drafted and is currently under internal review. Staff anticipates that Planning Commission and City Council hearings will occur in 2011. Housing for the Homeless 3.14 Carlsbad will continue to facilitate the acquisition, for lease or sale, of suitable sites for emergency shelters and transitional housing for the homeless population. This facilitation will include: • Participating in a regional or sub-regional summit(s) including decision-makers from North County jurisdictions and SANDAG for the purposes of coordinating efforts and resources to address homelessness; • Assisting local non-profits and charitable organizations in securing state and federal funding for the acquisition, construction and management of shelters; • Continuing to provide funding for local and sub-regional homeless service providers that operate temporary and emergency shelters; and • Identifying a specific zoning district in the City where emergency shelters will be permitted by right, with the following criteria: o The appropriate zoning district will offer easy access to public transportation and supportive services. o The zoning district should also contain adequate vacant and underutilized sites or building that can be converted to accommodate emergency shelters. CED, P A zoning ordinance amendment to permit emergency shelters by right in the Planned Industrial Zone has been drafted and is currently under internal review. Staff anticipates that Planning Commission and City Council hearings will occur in 2011. In 2010, the City received an application to expand the existing La Posada de Guadalupe homeless shelter from a temporary 50 bed facility to a permanent 100 bed facility. Currently under review, staff anticipates the application will be scheduled for a Planning Commission hearing in 2011. In addition, the City has committed $2,000,000 in financial support for the La Posada de Guadalupe expansion from money collected through its Agricultural Mitigation Fee program. Also, the City provides CDBG/HOME money toward operation of the facility in annual amounts ranging between $5,000 and $17,500. 13 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program Description Status Dept/ Div Comments Housing for the Homeless (Continued) 3.14 Besides being subject to the same development standards applied to other development in the specified zoning district, the City will establish objective development standards to regulate the following: 1) the maximum number of beds/persons permitted to be served nightly; 2) off-street parking based on demonstrated need, but not to exceed parking requirements for other residential or commercial uses in the same zone; 3) The size/location of exterior and interior onsite waiting and client intake areas; 4) The provision of onsite management; 5) The proximity of other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart; 6) The length of stay; 7) Lighting; and 8) Security during hours that the emergency shelter is in operation. CED, P Transitional and Supportive Housing 3.15 Currently, the City's Zoning Ordinance does not address the provision of transitional housing and supportive housing. The City will amend the Zoning Ordinance to clearly define transitional housing and supportive housing. When such housing is developed as group quarters, they should be permitted as residential care facilities. When operated as regular multi-family rental housing, transitional and supportive housing should be permitted by right as a multi-family residential use in multi- family zones. The City anticipates it will initiate an ordinance amendment in 2011 to address the provision of transitional and supportive housing. Supportive Services for Homeless and Special Needs Groups 3.16 The City will continue to provide CDBG funds to community, social welfare, non-profit and other charitable groups that provide services for those with special needs in the North County area. Furthermore, the City will work with agencies and organizations that receive CDBG funds to offer a City Referral Service for homeless shelter and other supportive services. O HNS In 2010, the City provided CDBG assistance to 13 social service providers in North County and serves as a referral agency for homeless shelters and support services. Alternative Housing 3.17 The City will continue to implement its Second Dwelling Unit Ordinance (Section 21.10.015 of the Carlsbad Municipal Code) and will continue to consider alternative types of housing, such as hotels and managed living units. P, HNS The City continues to implement the Second Dwelling Unit Ordinance and consider alternative types of housing. In 2010, building permits were issued for four second dwelling units. to 14 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Military and Student Referrals 3.18 The City will assure that information on the availability of assisted or below-market housing is provided to all lower-income and special needs groups. The Housing and Redevelopment Agency will provide information to local military and student housing offices of the availability of low-income housing in Carlsbad. HNS The City provides information on assisted and below market housing to individuals and groups needing that information. Coastal Housing Monitoring 3.19 As a function of the building process, the City will monitor and record Coastal Zone housing data including, but not limited to, the following: 1) The number of new housing units approved for construction within the coastal zone after January 1, 1982. 2) The number of housing units for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, required to be provided in new housing developments within the coastal zone. 3) The number of existing residential dwelling units occupied by persons and families of low or moderate income that are authorized to be demolished or converted in the coastal zone pursuant to Section 65590 of the Government Code. 4) The number of residential dwelling units occupied by persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code that are required for replacement or authorized to be converted or demolished as identified above. The location of the replacement units, either onsite, elsewhere within the City's coastal zone, or within three miles of the coastal zone in the City, shall be designated in the review. O CED 1) In 2010, 10 units were permitted in the Coastal Zone. 2) 0 3) 0 4) 0 Housing Element Annual Report 3.20 To retain the Housing Element as a viable policy document, the Planning Department will undertake an annual review of the Housing Element and schedule an amendment if required. As required, staff also monitors the City's progress in implementing the Housing Element and prepares corresponding reports to the City Council, SANDAG, and California Department of Housing and Community Development annually. 15 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Fair Housing Services Program # 4.1 Description With assistance from outside fair housing agencies, the City will continue to offer fair housing services to its residents and property owners. Services include: • Distributing educational materials to property owners, apartment managers, and tenants; • Making public announcements via different media (e.g. newspaper ads and public service announcements at local radio and television channels); • Conducting public presentations with different community groups; • Monitoring and responding to complaints of discrimination (i.e. intake, investigation of complaints, and resolution); and • Referring services to appropriate agencies. Status o Dept/ Div HNS Comments The City contracts with a fair housing agency to provide their services to Carlsbad residents and property owners. Services include those listed in the column to the left. 16