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HomeMy WebLinkAbout2020-09-09; Housing Element Advisory Committee; ; Regional Housing Needs Allocation – Follow Up on Presentation to City Council on Draft Meeting Date: September 9, 2020 Item No. To: Housing Element Advisory Committee Members From: Scott Donnell, Senior Planner Staff Contact: Scott Donnell, Senior Planner Scott.donnell@carlsbadca.gov, 760-602-4618 Subject: Regional Housing Needs Allocation – Follow Up on Presentation to City Council on Draft Housing Sites Identification Approach Recommended Action Receive information on the August 27, 2020, staff presentation to City Council on RHNA and the approach toward housing sites identification. Executive Summary On August 27, 2020, City Council held a special meeting to discuss the Housing Element and approaches to site identification that have the potential to produce housing. The use of vacant sites, planned projects, and ADUs were discussed, although the discussion focused on methodologies presented during the August 2020 HEAC meeting: • Assume midrange densities • Up-zone existing residentially zoned properties • Count proposed projects that include a rezone • Use city-owned properties • Rezone select commercial properties to residential • Rezone select industrial properties to residential Benefits and drawbacks of each strategy were presented. During the August HEAC meeting, the HEAC members individually ranked the approaches for the identification of housing sites for a second time. Following member discussions, the committee recommended a different priority for the methodologies than that chosen by staff. The chart below compares the rankings. Staff and Housing Element Advisory Committee priority rankings Methodologies to meet housing need Staff HEAC Change assumption about how many units will be built 1 1 Increase units allowed on properties that already allow housing 2 5 Housing Element Advisory Committee Agenda Item 1 September 9, 2020 Page 2 Projects already proposed that require rezoning not yet approved 3 4 Rezone city-owned properties 4 2 Convert some commercial property to residential use 5 3 Convert some industrial to residential uses 6 6 Overall, the committee (and staff) recognized that no one methodology will be able to address the RHNA requirements and that it will likely take a combination of methodologies to meet our targets. The committee also recognized that the methodologies involving up-zoning residential properties and rezoning industrial properties could be supported given certain site characteristics. August 27, 2020 City Council Meeting At a special City Council meeting on August 27, Council members were asked to discuss and provide any direction and input on the six proposed methodologies discussed by the HEAC. For example, as part of its presentation, staff asked Council members to identify any methodologies to focus on or additional ones to pursue. To support their deliberations, the meeting staff report, attached, discussed RHNA, described each methodology and its ranking by the committee and staff, and summarized the comments by committee members on their rankings. Additionally, the report identified public input received on potential methodologies through an online survey that generated very strong participation (over 4,200 respondents). Though the survey methodologies are not identical to those discussed and ranked by the committee and staff, they are similar enough to enable comparisons and provide meaningful insights. Please refer to the attached City Council staff report for further information on the survey, including differences between the rankings of the public, committee, and staff. Following staff’s presentation and three public speakers, the City Council discussed the staff report. Council members did not direct staff to pursue or delete any particular methodology. Instead, Council members commented and asked questions about several relevant topics: • Accessory dwelling units and their use as affordable housing • Reevaluation of non-commercial sites, including built, but vacant, industrial and office buildings • Repurposing commercial centers • Residential density in high fire areas • Separation of residential from hazardous material uses in industrial areas • Building height at higher densities • Distribution of new housing by quadrant • Growth Management Plan housing limits • Commercial/industrial conversions to housing along Palomar Airport Road • Workforce housing • Transit access Housing Element Advisory Committee Agenda Item 1 September 9, 2020 Page 3 Correspondence received by the City Council on this item is provided in the attached staff report and includes a letter specifically to the HEAC chair and an email with the HEAC copied. This letter and email are also attached separately. The City Council meeting video along with general resources are available Housing Plan Update webpage, www.carlsbadca.gov/housingplan. Next Steps City staff will apply the methods described in this report to create a series of maps identifying various combinations of properties and approaches that will enable the city to meet state housing requirements. City staff will then contact owners of properties that could potentially be rezoned to determine interest. The maps created will show properties based on three approaches: • Staff’s recommended priorities • Priorities recommended by the Housing Element Advisory Committee • Priorities identified by survey respondents The maps will provide a variety of options that can be taken through the next phase of evaluation. This includes review and input from the Housing Element Advisory Committee and the community as well as environmental analysis. The input received and analysis conducted will guide completion of the draft and final Housing Element and environmental documents. Draft documents for public review are anticipated for release late this year. Final versions of each will be considered as part of public hearings before Housing Commission, Planning Commission, and City Council in early 2021. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing at least 72 hours prior to the meeting date. Housing Element Advisory Committee agendas and staff reports are available on the project website, www.carlsbadca.gov/housingplan. Exhibits 1. August 27, 2020, City Council staff report 2. August 25, 2020 letter from Mark Wendel, Kimco Realty Corporation 3. August 26, 2020 email from Linda Geldner CA Review __RK__ Meeting Date: August 27, 2020 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Scott Donnell, Senior Planner Scott.donnell@carlsbadca.gov or 760-602-4618 Subject: Our Home Our Future – Proposed Methodologies for Choosing Locations for Future Housing in Carlsbad, as Part of Required Update to Housing Element of the General Plan Project Name: Housing Element Update 2021-2029 Project No.: GPA 2019-0003 (PUB 2019-0009) Recommended Action Staff recommends that the City Council: 1)Receive a report on proposed methods for selecting potential housing sites to meet Carlsbad’s share of the region’s future housing needs. 2)Provide direction to staff, as needed, on any changes or additions to the proposed methods. 3)Allocate additional funds not to exceed $55,000 to cover costs for outside legal counsel to assist in the legal review of the city’s Housing Element Update Executive Summary As required under state law, the city has begun updating the Housing Element in the city’s General Plan. The Housing Element provides the city with a coordinated and comprehensive strategy for promoting the production of safe, decent and affordable housing for varying income- levels within the community for the next eight years, from April 2021 through April 2029. The periodic process of updating local housing elements includes a regional assessment to quantify the need for housing within each jurisdiction during the specified planning periods. This is called the regional housing needs assessment, also known as RHNA. The latest regional housing needs assessment for San Diego County calls for 3,873 housing units, including 2,195 for residents in the low- and very low-income categories, to be created in Carlsbad during this period. The city must demonstrate to the state Department of Housing and Community Development that its local housing plan, the Housing Element, has adequate land capacity and implementing policies to accommodate building its share of housing units. Aug. 27, 2020 Item #1 Page 1 of 91 Exhibit 1 Page 2 There are several ways to meet this need. Based on technical analysis, input from the City Council-appointed Housing Element Advisory Committee and feedback from the community, staff developed several approaches or methodologies that could be used to decide how to meet future housing needs. It is going to take a combination of these methodologies to develop a plan that will be able to accommodate the assigned housing numbers. Staff is providing the City Council with this report on these methodologies to receive City Council input and direction before using them to create draft maps that would show proposed specific locations where new housing could be built in the future. Once these maps are created, the following steps will take place: • Outreach to owners of affected properties to determine interest in land use or zoning changes • Environmental analysis • Review and input by the Housing Element Advisory Committee and the public Based on feedback and further analysis, staff will return to the City Council in early 2021 with a draft of the city’s Housing Element update, including the recommended map showing locations of future housing in Carlsbad. Discussion State law requires cities and counties in California to update their housing elements every eight years. The law and steps taken to update a housing plan are complicated, but to help the community better understand the terminology and processes used, staff developed an information bulletin that answers many common questions, including how the state determines housing requirements for jurisdictions, what qualifies as affordable, how density translates to affordability, the process localities must follow to secure a certified Housing Element and the implications for failing to meet required state housing goals. This bulletin is attached as Exhibit 1. On July 10, 2020, the San Diego Association of Governments Board of Directors adopted the final Regional Housing Needs Assessment Plan for San Diego County. The plan accepted the state housing department’s determination that 171,685 housing units were needed in the region. Based on a SANDAG-developed methodology, those units were allocated to the 18 cities in San Diego County and its unincorporated areas. The City of Carlsbad’s share is as follows: 2021-2029 Regional Housing Needs Assessment allocation by income Very low Low Moderate Moderate + Total 1,311 784 749 1,029 3,873 When compared to the city’s RHNA allocation for the current housing cycle, from 2013-2021, the city was assigned 27% fewer housing units overall for this upcoming housing cycle, a drop of 1,126. This is reflected in the chart below: 2013-2021 Regional Housing Needs Assessment allocation by income Very low Low Moderate Moderate + Total 912 693 1,062 2,332 4,999 Aug. 27, 2020 Item #1 Page 2 of 91 Page 3 The type of housing assigned for the next housing cycle changed significantly. The assessment included: • 48% (1,616 units) reduction in housing for moderate and above-moderate income (“Moderate +”) residents. These types of housing are typically single-family and lower density development. • 31% (490 units) increase in housing assigned for low and very-low income categories. This type of housing is typically higher density development such as apartments and condominiums. Net housing increase based on current plan The first step in updating the city’s housing element is to look at the existing housing element to determine if the plan already has the capacity to accommodate all or a portion of the assigned housing units. The chart below shows the number of housing units, by income category, that staff estimate can be carried over to the new housing plan. This is only an estimate because the state housing department has the final say as to whether sites can be counted for future housing. This determination is made once a draft of the housing element is submitted for review. Units by income levels Source Very low/ Low Moderate Moderate + RHNA (total housing assigned to Carlsbad) 2,095 749 1,029 Housing in General Plan (466) (129) (496) Housing already planned (no rezoning required)1 (404) (21) (1,409) Current accessory dwelling units (granny flats) (185) (476) 0 Net amount of new housing required 1,040 123 (876) Net amount of new housing required with “buffer”2 1,354 235 --- 1 Includes several development projects, three of which propose a state density bonus or local density increase that will result in an additional 57 very low-income units and 226 moderate + units above the density allowed under current zoning. 2 The state housing department recommends that a buffer be built into the plan in the event a site does not get built at the level of affordability planned. Staff assumed a buffer based on 15% of the gross RHNA total. The state recommends a buffer of 15 to 30%. Current General Plan The city’s General Plan is a broad policy document that serves as a blueprint for how land will be used in the city. The city’s current General Plan was adopted by the City Council in 2015 following eight years of technical analysis and community input. The General Plan identifies locations for housing that have been vetted by the community and undergone analysis required by the California Environmental Quality Act. Using housing units already included in the city’s General Plan to meet the city’s new housing allocation reduces the need to find other properties. Finding new properties for housing in Carlsbad requires an extensive process including legal and technical analysis, environmental analysis, community Aug. 27, 2020 Item #1 Page 3 of 91 Page 4 outreach, property owner outreach and potentially legislative action to change land uses and zoning. The following three types of properties identified in the city’s General Plan can meet a significant percentage of the city’s assigned housing needs. • Vacant/underutilized sites Underutilized sites are those not developed to their full potential and signify opportunities for additional housing. A draft map showing both vacant and underutilized existing eligible sites is attached as Exhibit 2. • Planned/pending projects (no rezoning proposed) Under state law, development projects that are in the entitlement processes as of June 30, 2020, and anticipated to be constructed by the end of the eight-year cycle, can be counted toward the RHNA obligations for the housing plan. The units listed in this section are associated with development projects that are either approved, that is, entitled but not built, or pending (Exhibit 3). The pending projects do not require a change in zoning based on the densities currently allowed in the General Plan. The exception is noted in the chart above for three projects whose developers are proposing increased densities through means other than rezoning. The units built through planned projects are being identified separately because they represent a realistic view of the type, such as the affordability of unit, and density that can be achieved on those sites. Should the projects not get approved or built, the city can still count the sites as part of its housing inventory based on their underlying zoning. • Accessory dwelling units In recent years, the state legislature has relaxed laws to promote the production of accessory dwelling units (granny flats), which the state considers a viable affordable housing choice. The state housing department now allows jurisdictions to assume a unit count that is three to five times the average of the housing produced in the past. The state housing department has advised Carlsbad to base its estimates of producing accessory dwelling units on permitting data from 2015 and 2016. The city’s annual average ADU production rate for 2015 and 2016 was 25 units. To be conservative, staff has assumed a rate three times the average, or 75 accessory dwelling units per year.1 This assumption likely will need support in the way of proposed Housing Element programs that, for example, promote ADU awareness and education. ADU construction is also not linked to a specific quadrant and could occur anywhere in the city’s residential areas. Their development also does not count toward the caps on dwelling units contained in the city’s Growth Management Plan. 1 HCD permits a jurisdiction to count toward its RHNA obligations the units it estimates will be produced over a nearly nine-year projection period. In the San Diego region, this period began June 30, 2020, and will end April 15, 2029. Aug. 27, 2020 Item #1 Page 4 of 91 Page 5 Methodologies to meet housing allocation To identify additional housing locations, beyond what can be accommodated by the three categories above, city staff have identified the following potential methodologies: Each methodology is described below, accompanied with the potential number of dwelling units it is expected to yield, as well as its benefits and possible drawbacks. Assume midrange densities The General Plan assigns residential properties a range of densities that can be constructed. For example, the R-30 land use designation allows a residential density range of 23-30 dwelling units per acre, referred to as du/ac. Under the current housing element, staff calculated unit yield2 for purposes of Housing Element compliance at the low (minimum) end of the density range, or, in the case of R-30, at 23 du/ac. The proposed methodology suggests that by requiring developers to build at the middle of the residential density range, 26.5 du/ac, instead of at the minimum, 23 du/ac, the city could generate additional very low and low-income units. This methodology, which would be applied to existing R-15, R-23 and R-30 sites, as well as any new R-35 and R-40 designated sites (see next section), could generate several hundred units that could qualify for the moderate- and lower-income categories. • Potential benefits o No change in zoning is required. o City has used this approach successfully in the 2005-2013 housing cycle. • Possible drawbacks o Some sites may not be appropriate for midrange density Up-zone existing residentially zoned properties Because the General Plan assigns more than enough sites to meet the city’s above-moderate income category, some of these sites could be rezoned to higher densities. This is called up- zoning. Higher density development tends to provide housing for lower income residents. Under this methodology, the existing designations of the vacant and underutilized sites might change as follows: 2 Unit yield refers to the number of units, or homes, that can be achieved based on the density allowed per acre. Assume midrange densities Up-zone existing residentially zoned properties Count proposed projects that include a rezone Use city-owned properties Rezone select commercial properties to residential Rezone select industrial properties to residential Aug. 27, 2020 Item #1 Page 5 of 91 Page 6 Existing Designation du/ac Possible New Designation du/ac R-4 0-4 R-23 R-30 15-23 23-30 R-15 8-15 R-23 R-30 R-35 15-23 23-30 30-35 R-23 15-23 R-30 R-35 R-40 23-30 30-35 35-40 R-30 23-30 R-35 R-40 30-35 35-40 Properties affected by this methodology are mostly in the northeast quadrant near El Camino Real and College Boulevard (in Sunny Creek/Local Facility Management Zone 15) and in the southwest quadrant, including the Ponto area (Exhibit 4). Depending on the site and density applied, this methodology could generate over 1,000 units that would qualify under the lower income category. • Potential benefits o Affects properties that are currently zoned for residential use. o Helps balance the types (income levels) of housing to be built in the city. o Additional density could make infrastructure completion more feasible (LFMZ 15). • Possible drawbacks o To achieve a density of 35 or 40 du/ac, building size will likely need to be four to five stories. o Introduces higher density development in lower density neighborhoods. o While this methodology increases low income unit counts, it decreases counts for above moderate units. Count proposed projects that include a rezone Not reflected in the planned projects in the section above are two current development proposals that could contribute to meeting the city’s RHNA need: • North County Plaza - Residential and commercial project with 240 apartments west of The Shoppes • West Oaks - Proposed conversion of vacant industrial land into a 192-unit apartment project While development applications have been formally filed, these projects are not counted as part of the planned projects above because their developers seek a land use change or propose to residentially develop commercial land. This methodology could generate a little less than 100 units in the lower income category. Aug. 27, 2020 Item #1 Page 6 of 91 Page 7 • Potential benefits o Actual applications reflecting housing type and density that can be achieved o Interested property owner • Possible drawbacks o Projects require a rezone o If projects are denied, city loses the units counted toward meetings its RHNA need. Utilize city-owned or government agency-owned properties The city currently owns or holds interest in a few properties that could be rezoned to allow for future lower income housing (Exhibit 5). Examples include: • The northern-most city-owned industrial/office lot (Lot 5) on College Boulevard near Palomar Point Way • City owned parking lot portion of The Shoppes @ Carlsbad This methodology could generate around 300 to 400 units that would qualify under lower income category. This could also include working with the North County Transit District to possibly use its vacant property in the Village by the Coaster Station. • Potential benefits o City-owned property could help reduce overall development costs, resulting in more potential affordable units. o Some sites located in areas with services that could possibly accommodate higher density development (40 du/ac) with higher percentage of dedicated affordable units o Some sites are near job centers and transit corridors. • Possible drawbacks o Residential use of some city properties is inconsistent with the City Council adopted 2017 Real Estate Strategic Plan o Title and ownership issues to resolve o Actual density possibilities unknown o Long entitlement process o Adequate parking for the mall must be maintained o Jurisdictional boundary concerns o Roadway improvement concerns Rezone select commercial properties to residential While the city must plan for commercial and retail growth to serve the additional housing growth, there are a few properties in the city that are currently zoned for commercial use that could feasibly be rezoned to accommodate higher density residential development (Exhibit 6). As an example: Aug. 27, 2020 Item #1 Page 7 of 91 Page 8 • The vacant commercially designated portion of property on the northeast corner of College Boulevard and El Camino Real (known as the Walmart site) may be able to accommodate high density residential such as R-30, R-35 or R-40. • Other sites to consider could include Ponto and vacant land across from The Forum. • It should be noted that the shopping center just west of The Shoppes already has an application on file to convert commercial property to residential. This methodology could generate around 200 to 500 units that would qualify under the lower-income category, depending upon the density selected. • Potential benefits o Sites are generally close to neighborhood goods and services. • Possible drawbacks o Not always near local jobs centers o Loss of sales tax generating land Rezone select industrial properties to residential Under the current general plan, there are numerous industrial lots that have remained vacant since their original grading (Exhibit 7). Only industrial properties free of constraints (i.e., airport, incompatible industrial uses, fire prevention concerns) would be considered under this methodology. • Many of the sites are east and west of Melrose Drive • One underutilized site along Cougar Drive and Palmer Way just east of El Camino Real. Together, the vacant industrial sites total almost 50 acres. City staff recommend rezoning certain properties from planned industrial to R-30, R-35 or R-40 residential with a minimum density of 26.5, 32.5 and 37.5, respectively. It should be noted that the owner of a vacant property off Palomar Airport Road has an application already on file to convert a planned industrial zoned parcel to R-30 residential use. This site was considered as a possible housing site in the last Housing Element update cycle, but was not changed. This methodology could generate more than 1,000 units that could qualify under lower income category. • Potential benefits o Virtually all sites being considered are vacant and unconstrained, thereby resulting in a high number of units o Provides housing near job centers. • Possible drawbacks o While free from constraints, still located near industrial areas o Not always convenient to neighborhood goods and services o Loss of land in areas where jobs are created Aug. 27, 2020 Item #1 Page 8 of 91 Page 9 Housing Element Advisory Committee On Sept. 10, 2019, the City Council established the Housing Element Advisory Committee, a nine- member committee3 made up of City of Carlsbad residents charged with the oversight of the Housing Element update effort. At its Aug. 12, 2020, meeting staff presented members the information contained in this report. Following member discussions, the committee recommended a different priority for the methodologies than that chosen by staff. The chart below compares the rankings. Staff and Housing Element Advisory Committee priority rankings Methodologies to meet housing need Staff HEAC Change assumption about how many units will be built 1 1 Increase units allowed on properties that already allow housing 2 5 Projects already proposed that require rezoning not yet approved 3 4 Rezone city-owned properties 4 2 Convert some commercial property to residential use 5 3 Convert some industrial to residential uses 6 6 During deliberations and discussions, committee members made several comments and raised concerns that led to their recommended prioritization, which are summarized as follows: • Overall concern that up zoning lower density residential properties to allow for higher density development could adversely impact existing lower density neighborhoods. • While R-35 and R-40 could generate more units on a site, the idea of four and five story structures may affect views. • Higher densities (R-35 and R-40) and taller buildings may be more appropriate on major thoroughfares where bulk/scale is not an issue and the road network can handle higher traffic volumes. • Concerns that residential use in industrial areas may result in conflicts; but they also found value in an increased work/housing balance. • Proposed projects that included a rezone seemed logical (willing property owner to take on higher density housing, project already in vetting process). Overall, the committee (and staff) recognized that no one methodology will be able to address the RHNA requirements and that it will likely take a combination of methodologies to meet our 3 Four representatives from existing city commissions, one resident from each city quadrant, and one at-large member. Aug. 27, 2020 Item #1 Page 9 of 91 Page 10 targets. The committee also recognized that the methodologies involving up-zoning residential properties and rezone industrial properties could be supported given certain site characteristics. The Growth Management Plan There are limits on housing in the Growth Management Plan, which was passed by voters in 1986 as Proposition E. The ideology behind the plan is to ensure that new development and growth do not outpace the performance standards established for public facilities such as roads, parks and emergency services. New development must be measured against the plan’s standards and show that they comply with the requirements before being approved. Among other things, the plan established the maximum number of homes that can be built in the city, referred to as the growth cap. To ensure even distribution of housing development, the city was divided into quadrants with each quadrant assigned a portion of the city’s growth cap, referred to as quadrant caps. Under the plan, once a quadrant reaches its assigned cap, the city is precluded from approving any further housing development in that quadrant. Housing Crisis Act of 2019 A recent state law prohibits a city’s ability to place a moratorium on development. Senate Bill 330, the Housing Crisis Act of 2019, took effect on Jan. 1, 2020, and imposed new permitting regulations for housing that greatly limit public agencies’ ability to deny housing developments. As it relates to the city’s efforts to update its housing plan, SB 330 prohibits any laws that act as a cap on the number of housing units that can be approved or constructed. SB 330 goes on to prohibit a city from enforcing laws that have the effect of imposing a moratorium or similar restriction or limitation on housing development. On Jan. 21, 2020, an overview of the impacts of SB 330 were provided at a joint special meeting of the City Council, Planning Commission, Housing Commission, Traffic & Mobility Commission, and Housing Element Advisory Committee (Exhibit 8). On Aug. 4, 2020, the city sent a letter to the state Department of Housing & Community Development requesting an opinion of the enforceability of the city’s growth cap under SB330 on the housing element update (Exhibit 9). As of the writing of this staff report, staff has not received a response. The act will expire Jan. 1, 2025, unless extended by the legislature. Impact on the city’s housing and growth management plans The chart below provides a status of the citywide and quadrant caps, considering existing development and planned growth. If the net RHNA target of 1,589 units (1,354 lower income units and 235 moderate income units) remains unchanged, no quadrant could theoretically accept all the housing units and maintain consistency with the Growth Management Plan’s cap on development in a given quadrant. The Southwest Quadrant, which has a remaining GMP capacity of 1,232 additional units, has the largest remaining capacity of all quadrants. However, the ability of this quadrant to accommodate a large number of these units is not practical given the limited number of sites available, land costs, required density, and multi-story structure type that would be required. In order to develop a new housing element that is consistent with state law, the required RHNA units will realistically need to be distributed Aug. 27, 2020 Item #1 Page 10 of 91 Page 11 between the different quadrants, thereby exceeding one or more quadrant caps. Nevertheless, the overall citywide unit cap of 54,599 as approved by the voters will not be exceeded. As the chart below reflects, 2,296 housing units remain to reach the 54,599 citywide cap. It is important to note that 1,353 of those units were removed by City Council action in 2002, leaving 943 units currently available. To plan for the net RHNA target of 1,589 units, a portion of the units removed by the City Council will need to be reinstated as part of this Housing Element update. The chart below shows how many the residential dwelling status of each quadrant of the city: DESCRIPTION NORTHWEST QUADRANT NORTHEAST QUADRANT SOUTHWEST QUADRANT SOUTHEAST QUADRANT CITYWIDE TOTAL Outside Village Village Total NW Units built 11,839 649 12,488 7,264 10,179 16,426 46,357 Units planned 1,989 247 2,236 1,676 1,448 586 5,946 Total built/planned 13,828 896 14,724 8,940 11,627 17,012 52,303 GMP unit caps --- --- 15,370 9,042 12,859 17,328 54,599 Remaining 118 528 646 102 1,232 316 2,296 Notes: Data is current as of June 30, 2020 Total built/planned includes sites in all quadrants except the Village. It includes unbuilt approved projects, as well as vacant and underdeveloped property designated for residential use by the General Plan. Remaining refers to dwelling unit capacity in addition to what is currently planned by the General Plan or approved as part of an unbuilt project. These remaining "potential additional dwellings" must be allocated from the Excess Dwelling Unit Bank of unbuilt units that may be used by other projects. On June 23, 2020, following the adoption of the fy 2020-21 budget, the City Council expressed interest in holding a workshop before the end of the year to initiate discussions on how to approach an update to the city’s Growth Management Plan. Staff is targeting a City Council workshop later in the fall. Public input In addition to engaging the Housing Element Advisory Committee, staff sought input on potential methodologies from the community. Through an online survey, more than 3,200 respondents ranked potential methods and responded to other questions related to the housing element update. The questions posed to the public addressed various elements of the methodologies being considered, but were geared to a lay audience. As a result, the priority methodologies identified by the public cannot be compared directly to the priorities proposed by staff and the committee. It should also be noted that although the number of respondents was very high (the highest of any city survey in recent history), the survey is not scientific. Instead it reflects the views of those who took the survey. Also, please note that the data below reflect responses through Aug. 20. Aug. 27, 2020 Item #1 Page 11 of 91 Page 12 The ranking of priorities in the survey responses were: The survey also included other questions that could help inform the selection of sites for new housing in Carlsbad. A full report of the results will be available once the survey closes on Aug. 24. Alternatives Although there were areas of agreement among professional staff, the committee and the public, there were also significant differences. For example: • Survey respondents did not favor accessory dwelling units as a way to help meet the city’s housing goals. Based on changes in state law, staff expect ADUs will comprise at least a portion of the city’s housing goals. • Increasing density was the top choice among staff and the committee and the least favored among survey respondents. • Conversely, staff and the committee ranked the conversion of industrial land to residential as the lowest priority; it was the most popular methodology among survey respondents Staff propose developing maps showing properties that could be designated for future housing using three approaches: • Staff’s recommended priorities • Priorities recommended by the Housing Element Advisory Committee • Priorities identified by survey respondents • Any additional or different methodologies and priorities provided by the City Council This approach will provide a variety of options that can be taken through the next phase of evaluation. This includes review and input from the Housing Element Advisory Committee and the community as well as environmental analysis. Aug. 27, 2020 Item #1 Page 12 of 91 Page 13 Fiscal Analysis Staff is requesting an allocation of additional funds in the amount of $40,000 for a total not to exceed $55,000 to cover costs for outside legal counsel to assist in the legal review of the city’s Housing Element Update. The funding is requested from the City Council’s General Fund contingency account. The City Council approved the budget for the Housing Element update on Sept. 10, 2019, when it approved a project work plan, Housing Element Advisory Committee charter and a budget carry forward4, and on January 28, 2020, when it approved a consultant contract for the project. As part of that budget, $15,000 was earmarked for outside assistance with California Environmental Quality Act and housing element law. Given the complexities of housing element law and anticipated meetings with state housing department representatives, staff recommends increasing the fund amount for legal services to a total not to exceed $55,000. Next Steps City staff will apply the methods described in this report, including any new direction the City Council may wish to provide, to create a series of maps identifying various combinations of properties and approaches that will enable the city to meet state housing requirements. City staff will then contact owners of properties that could potentially be rezoned to determine interest. The final map options will be presented to the Housing Element Advisory Committee and the public for input. They will also undergo environmental analysis to comply with the California Environmental Quality Act. Staff will return to the City Council with the feedback and environmental analysis during a public hearing to consider approval of the final housing element and environmental impact report. These documents must be approved by April 2021 to meet the state’s deadline. Environmental Evaluation (CEQA) The proposed action is not a "project" as defined in California Environmental Quality Act Guidelines Section 15378 because the action involves a request for guidance and direction from the city Council on the development and preparation of the city’s Housing Element Update. This guidance and direction, on its own accord, will not cause significant environmental impact. As such, this activity is not subject to CEQA pursuant to Section 15060(c)(3). This determination is predicated on Section 15004 of the guidelines, which provide direction to lead agencies on the appropriate timing for environmental review. The Housing Element Update, for which this direction will help develop, will require preparation of an environmental document in accordance with State CEQA Guidelines. Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Notice of this meeting was also posted on social media and the city’s website and emailed to project 4 A carry forward is unspent prior-year funding reallocated to the new fiscal year for the same purpose. Aug. 27, 2020 Item #1 Page 13 of 91 Page 14 stakeholders. Discussion about this item and its consideration by the City Council also occurred as part of the Housing Element Advisory Committee’s Aug. 12, 2020, meeting. Exhibits 1. Information bulletins (“How new state mandates impact Carlsbad’s housing plan”) 2. Map of existing eligible sites 3. Map of planned project sites 4. Map of potential residential sites for up zone 5. Map of potential city- and government agency-owned sites 6. Map of potential commercial sites considered for rezone 7. Map of potential industrial sites considered for rezone 8. January 21, 2020, City Council staff report overviewing SB 330 9. August 4, 2020 Letter to HCD on cap growth enforcement Aug. 27, 2020 Item #1 Page 14 of 91 OUR HOME OUR FUTURE Since 1969, California has required that all cities and counties adequately plan for their share of the state’s growing housing needs. While cities do not build housing – that is the function of private developers – they do adopt plans, regulations and programs that provide opportunities for how and where housing development occurs. One of the most important housing policy documents used by jurisdictions is the General Plan; more specifically, the Housing Element of the General Plan. The General Plan serves as the “blueprint” for how a city will grow and develop and includes seven state required elements: land use, transportation, conservation, noise, open space, safety, and housing. The law mandating that housing be included as an element of each jurisdiction’s General Plan is known as “Housing Element Law.” This information bulletin outlines how the state determines housing requirements for jurisdictions, the process localities must follow to secure a certified Housing Element, and the implications for failing to meet required state housing goals. How new state mandates impact CARLSBAD’S HOUSING PLAN I. THE REGIONAL HOUSING NEEDS ASSESSMENT The California Department of Housing & Community Development is responsible for developing state housing production goals. These goals represent the total number of housing units to be built within an eight year housing cycle for varying income groups. This process is referred to as the Regional Housing Needs Assessment. Once the RHNA is determined, HCD assigns the RHNA figures to the 21 different council of governments located throughout the state, who in turn assign the housing goals to their respective member cities and counties. Carlsbad’s COG is the San Diego Association of Governments, who represents 18 cities and the County of San Diego. The RHNA is developed by HCD and distributed to the individual cities and counties by the COGs in accordance with four state directed RHNA objectives: • Plan for housing at all income levels/all jurisdictions • Balance jobs and housing • Focus development in urban areas • Protect rural areas, open space and habitat land These objectives are achieved using several regional and local factors and influences including: »Share of existing and projected population growth »Distribution of existing households (by income) »Existing and projected jobs »Persons per household »Opportunities and constraints for housing »Availability of land suitable for development »Preserved or protected lands »Availability of high quality transit corridors »Historic vacancy rates and loss of units »Housing cost burdens »Social equity adjustments II. HOUSING BASED ON INCOME CATEGORIES Under Housing Element Law, RHNA is assigned to four income groups or categories. Families with... •Very low household income •Low household income •Moderate household income •Above moderate household income The household income for each of these categories is based on a percentage of the Area Median Income, as reflected in the chart below. These percentages are applied to the AMI for a region, not a specific city. Carlsbad falls under the AMI for San Diego County, which is currently $86,300 per year for a four-person household. In comparison, Carlsbad’s median income is at $107,600. The income categories pursuant to the San Diego County AMI is reflected in the table below for a family of four: Income Category Percent of AMI Very Low <50% Low 51 to 80% Moderate 81 to 120% Above Moderate >120% Income Category Percent of AMI Household Very Low <50%$53,500 Low 51 to 80%$85,600 Moderate 81 to 120% $103,550 Above Moderate >120% >$103,550 Exhibit 1 Aug. 27, 2020 Item #1 Page 15 of 91 Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov Page 2 of 4 III.DENSITY AND AFFORDABILITY The foundation of Housing Element Law is based on the premise that density is a proxy for affordability. The idea being, the more housing units on a site (density) translates to lower construction costs per unit, which translates to lower rental/sale prices of those units (affordability). As such, HCD assigns minimum density figures to each income category as reflected below. Most cities and counties can attest that higher density development alone rarely translates to housing that is affordable at the targeted income categories. As such, the state requires that cities develop and implement programs that will help facilitate affordable housing sales/rental costs (i.e., inclusionary housing requirements, locally-funded subsidies), but the programs cannot be too onerous as to make the housing development infeasible to construct (i.e., require that all higher-density projects be restricted as affordable). Until state law changes, this is the formula that cities and counties must use when planning for housing under state Housing Element Law. IV. THE LOCAL HOUSING ELEMENT Once a jurisdiction receives its RHNA allocations, it must update its General Plan and Housing Element to demonstrate how the jurisdiction, particularly through policies and zoning, can or will accommodate the RHNA. Generally, a Housing Element must include the following: •Review of previous Housing Element •Assessment of housing needs •Inventory and analysis of adequate sites •Analysis of potential constraints •Housing policies and programs •Quantified objectives One of the most labor intensive and controversial components of the process is the inventory and analysis of adequate sites. Each jurisdiction must evaluate the Land Use Element of their General Plan to determine whether there is enough land available, with adequate zoning (minimum density as described in Section III), to accommodate their assigned RHNA allocation for each income category. If unable to accommodate the housing goals, the jurisdiction must rezone enough land to meet the RHNA obligation. In addition to adequately zoning sites, the law requires that each jurisdiction look for ways to streamline permit processes and remove processing barriers in order to facilitate the creation of affordable housing. A ministerial process with reduced fees and development incentives (i.e., increased density above plan allowance, waiver of design standards like parking or setbacks, expedited permit review) for affordable housing projects is highly encouraged by HCD. Ultimately, an effective Housing Element provides the necessary conditions for developing and preserving an adequate supply of housing, including housing affordable to seniors, families, and workers. The update plan provides the opportunity to develop housing and land use strategies to reflect local changing needs, resources, and conditions and provides a vehicle to adopt approaches addressing state driven regulations related to sustainability and environmental concerns. Jurisdictions may also use the Housing Element as an opportunity to complement their economic development goals with their housing goals. Income Category Percent of AMI Minimum Density 1 Very Low $53,500 30 du/ac Low $85,600 30 du/ac Moderate $103,550 15 du/ac Above Moderate >$103,550 <15 du/ac 1 du/ac = Dwelling unit per 1 acre of land Aug. 27, 2020 Item #1 Page 16 of 91 Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov Page 3 of 4 V. HCD HOUSING ELEMENT CERTIFICATION Once updated, Housing Elements must be reviewed and approved by HCD and then adopted by the local jurisdiction (City Council) prior to state mandated deadlines (described in Section VIII). Failure to timely complete this process will result in several penalties, as highlighted in the section below. VI. PENALTIES FOR NONCOMPLIANCE & LIMITATIONS Failing to meet the state requirements can result in significant penalties. Given the current housing crisis in California, each year the state legislature introduces new laws that increase and expand the penalties for noncompliance as well as impose limitations on local controls affecting housing production. Below are a few of the more significant State acts. Housing Accountability and Affordability Act If HCD finds that a jurisdiction’s RHNA goals are not being timely satisfied, SB 35 requires cities and counties to streamline review and approval of eligible affordable housing projects by providing a ministerial approval process, exempting such projects from environmental review under CEQA and public hearing process. Refer to the City Info Bulletin on this act. Building Homes and Jobs Act Under Senate Bill 2, jurisdictions that do not have an approved HCD certified Housing Element are not eligible for grant funding. Carlsbad’s current housing element is HCD certified, which allowed the city to apply for and be awarded an SB 2 grant in the amount of $310,000. Housing Development and Financing Act Under Assembly Bill 101, jurisdictions failing to timely adopt a local Housing Element may be fined tens of thousands of dollars per month until HCD determines compliance. Housing Crisis Act SB 330 introduces an even more expedited review process for residential development projects than SB 35 and prohibits cities from imposing growth caps or moratoriums on housing projects or plans. This will likely impact how we can implement Carlsbad’s Growth Management Plan. Residential Density and Affordability Act Under SB 166, a city cannot reduce residential density on a property without concurrently rezoning another property to make up the lost units. Furthermore, if a city approves a project that results in a density lower than the housing plan identified, it must rezone another property to make up the difference. Potential lawsuits Many cities without an approved Housing Element have been sued by developers and/or affordable housing advocates, resulting in decisions unfavorable to the city. For example: Courts have suspended a jurisdiction’s local land use authority via a court ordered moratoria; the city was unable to issue building permits until a Housing Element was certified and approved. (City of Pasadena) Courts have assumed land use control over all housing development permits. Under this scenario, the courts could approve a housing development project that may not fit the character of the community. (City of Fremont) Courts have imposed aggressive timelines for a jurisdiction to approve a Housing Element (with threats of court-assumed land use control for noncompliance), thereby limiting community input in the housing plan development. (City of Encinitas) The State Attorney General has filed suit against cities that do not have an approved or compliant Housing Element. The implications of the lawsuits are currently unknown. (City of Huntington Beach) In virtually all cases, the litigation resulted in the city paying significant financial penalties and/or substantive attorney fees. Aug. 27, 2020 Item #1 Page 17 of 91 Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov Page 4 of 4 VII. RELATED STATE HOUSING PROGRAMS/LAWS Beyond the mandates required under the Housing Element Law, the state has adopted other regulations and programs that encourage housing production. State Density Bonus Law Density Bonus is a state law that allows a developer to increase density beyond that allowed under a city’s local land use plan. An applicant can also receive reductions in required development standards such as setbacks, height limits and parking requirements. In exchange for the increased density, a certain number of the new homes must be reserved for very low, low, or moderate-income households or for seniors. Accessory Dwelling Units The state has found that allowing Accessory Dwelling Units in residential zones where primary residences are already allowed provides additional housing throughout California. In recent years the state has continued to revise and update the programs around ADUs, limiting local city control of them, to more widely allow for ADUs to address housing production. Refer to the city informational bulletin on ADUs. VIII. 2021-2029 HOUSING CYCLE The RHNA process for the next (sixth) Housing Element cycle is currently in process and will cover the period from April 2021 – April 2029. The RHNA process can be generally categorized into the steps bulleted below. It is important to note that the RHNA process is also being conducted in conjunction with the development of the 2050 Regional Transportation Plan and its Sustainable Communities Strategy in accordance with SB 375 (See Section IX for more on this process). RHNA Methodology and Allocation July 2018 – November 2019 This step includes the development of the methodology in which RHNA will be distributed by SANDAG. Public review of the draft methodology was completed in September 2019, with HCD approval in November 2019. Currently, city staff coordinates and collaborates with the SANDAG and regional jurisdictions through its participation in the SANDAG RHNA Subcommittee meetings. RHNA Distribution and Allocation November 2019 – February 2020 Distribution of the draft RHNA to local jurisdiction occurred in November 2019. In January 2020 the following four jurisdictions filed appeals on the RHNA allocation: Coronado, Imperial Beach, Lemon Grove and Solana Beach. Results of the appeal are pending. Certified Local Housing Element February 2020 – April 2021 Each city and county has until April 2021 to process a Housing Element update using their assigned RHNA allocation (this period includes HCD review and City Council adoption). IX. REGIONAL TRANSPORTATION PLAN AND SUSTAINABLE COMMUNITIES STRATEGY The Regional Transportation Plan is a federally required long range transportation plan prepared by SANDAG that is updated every four years, and includes projections of population, household, employment growth and travel demand, along with a specific list of proposed projects to be funded. In Carlsbad, the following local projects are included in the RTP: Carlsbad Boulevard realignment •Village/Barrio roundabouts •Road extensions for College Boulevard and Poinsettia Lane •Road widenings for El Camino Real •Road widenings for Avenida Encinas •Other improvements at various locations: » Intersection improvements » Turn lane improvements » ADA improvements » Complete street improvements » Traffic signal system improvements » Pedestrian and bicycle improvements » Lighting improvements » Pavement management program Pursuant to SB 375, SANDAG must also develop a Sustainable Communities Strategy to integrate land use and transportation strategies that will achieve California Air Resources Board greenhouse gas emissions reduction targets. The SCS must demonstrate on a regional level, those areas sufficient to house all the population of the region, including the eight year projection of the RHNA. Both the RTP/SCS and RHNA have used local input as the basis for future demographic projections, including household growth. Aug. 27, 2020 Item #1 Page 18 of 91 T A M A R A C K AV LACOSTAAV MELRO S E D ROLIVENHAIN R DCA RL S B A D B LA V IARA PY F A R ADAYAV C ARLSBADVI L L A G E D R RANCHOSA N TA F E RDA L G A R D ELCAMINOREAL C O L L E G E BLPAL OMARAIRPORTRD P O IN S E TT IA L N CANNONRD Vacant (Residential) Underutilized Quadrants Split GP Designation Village & Barrio Master Plan Existing Major Road Future Major Road Local Roads (White) City of Carlsbad 0 1 20.5 Miles Sources: City of Carlsbad, 2020; Mintier Harnish 2020 Exhibit 2: Existing Eligible Sites Revised: 8/11/2020VillageBarrioNW NE SW SE 100 Ac.50Ac.CARLSBAD BLTAMA RA C K AV Village / Barrio Areas Pacific Ocean Exhibit 2 Aug. 27, 2020 Item #1 Page 19 of 91 T A M A R A C K AV LACOSTAAV MELRO S E D ROLIVENHAIN R DCA RL S B A D B LA V IARA PY F A R ADAYAV C ARLSBADVI L L A G E D R RANCHOSA N TA F E RDA L G A R D ELCAMINOREAL C O L L E G E BLPAL OMARAIRPORTRD P O IN S E TT IA L N CANNONRD Planned Projects Other Planned Projects Quadrants Village & Barrio Master Plan Existing Major Road Future Major Road Local Roads (White) City of Carlsbad 0 1 20.5 Miles Sources: City of Carlsbad, 2020; Mintier Harnish 2020 Exhibit 3: Map of Planned Project Sites Revised: 8/11/2020VillageBarrioNW NE SW SE 100 Ac.50Ac.CARLSBAD BLTAMA RA C K AV Village / Barrio Areas Pacific Ocean Exhibit 3 Aug. 27, 2020 Item #1 Page 20 of 91 T A M A R A C K AV LACOSTAAV MELRO S E D ROLIVENHAIN R DCA RL S B A D B LA V IARA PY F A R ADAYAV C ARLSBADVI L L A G E D R RANCHOSA N TA F E RDA L G A R D ELCAMINOREAL C O L L E G E BLPAL OMARAIRPORTRD P O IN S E TT IA L N CANNONRD Redesignate, Increase Residential Density Quadrants Split GP Designation Village & Barrio Master Plan Existing Major Road Future Major Road Local Roads (White) City of Carlsbad 0 1 20.5 Miles Sources: City of Carlsbad, 2020; Mintier Harnish 2020 Exhibit 4: Map of Potential Residential Sites for Up Zone Revised: 8/11/2020VillageBarrioNW NE SW SE 100 Ac.50Ac. Pacific Ocean Exhibit 4 Aug. 27, 2020 Item #1 Page 21 of 91 T A M A R A C K AV LACOSTAAV MELRO S E D ROLIVENHAIN R DCA RL S B A D B LA V IARA PY F A R ADAYAV C ARLSBADVI L L A G E D R RANCHOSA N TA F E RDA L G A R D ELCAMINOREAL C O L L E G E BLPAL OMARAIRPORTRD P O IN S E TT IA L N CANNONRD City-Owned/Gov't Agency Owned Quadrants Existing Major Road Future Major Road Local Roads (White) City of Carlsbad 0 1 20.5 Miles Sources: City of Carlsbad, 2020; Mintier Harnish 2020 Exhibit 5: Map of City-Owned/Government Agency-Owned Sites Revised: 8/12/2020 NW 100 Ac.50Ac. SW Pacific Ocean CARLSBAD BLTAMA RA C K AV Village / Barrio Areas SE NE Exhibit 5 Aug. 27, 2020 Item #1 Page 22 of 91 T A M A R A C K AV LACOSTAAV MELRO S E D ROLIVENHAIN R DCA RL S B A D B LA V IARA PY F A R ADAYAV C ARLSBADVI L L A G E D R RANCHOSA N TA F E RDA L G A R D ELCAMINOREAL C O L L E G E BLPAL OMARAIRPORTRD P O IN S E TT IA L N CANNONRD Redesignate Commercial Quadrants Split GP Designation Village & Barrio Master Plan Existing Major Road Future Major Road Local Roads (White) City of Carlsbad 0 1 20.5 Miles Sources: City of Carlsbad, 2020; Mintier Harnish 2020 Exhibit 6: Map of Potential Commercial Sites Considered for Rezone Revised: 8/11/2020 NE SE NW SW Pacific Ocean Exhibit 6 Aug. 27, 2020 Item #1 Page 23 of 91 POINSETTIA L N ELCAMINOREAL A L G A R D C O L L E G EBLPALOMARAIRPORTRD FARADAYAV MELROSEDR Redesignate, Industrial -> Residential Quadrants Existing Major Road Future Major Road Local Roads (White) City of Carlsbad 0 2,000 4,0001,000 Feet Sources: City of Carlsbad, 2020; Mintier Harnish 2020 Exhibit 7: Map of Potential Industrial Sites Considered for Rezone Revised: 8/11/2020 NW NE SW SE 100 Ac.50Ac. Exhibit 7 Aug. 27, 2020 Item #1 Page 24 of 91 Jan. 21, 2020 Item #1 Page 1 of 17 Exhibit 8 Aug. 27, 2020 Item #1 Page 25 of 91 (i -., . CAReview (},;B Joint Special Meeting of the City Co uncil, Planning Commission, Traffic & Mobility Commission, Housing Commission & Housing Element Advisory Committee Staff Report Meeting Date: January 21, 2020 To: From: Staff Contact: Subject: Mayor and City Council Scott Chadwick, City Manager Celia Brewer, City Attorney 760-434-2891 Overview of SB 330: Housing Crisis Act of 2019 and New Regulations on Accessory Dwelling Units Recommended Action Receive a presentation regarding SB330: Housing Crisis Act of 2019 and New Regulations on Accessory Dwelling Units. Executive Summary The City Attorney has worked with The Sohagi Law Group, PLC to prepare the attached memo regarding SB 330: Housing Crisis Act of 2019 and New Regulations on Accessory Dwelling Units. Margaret and Tyson Sohagi will be presenting this information to the City Council and responding to questions. Fiscal Impact No funding is being requested at this time. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits 1. Memo re SB 330: Housing Crisis Act of 2019 and New Regulations on Accessory Dwelling Units Exhibit 9 Aug. 27, 2020 Item #1 Page 86 of 91 CIT Y OF CARLSBAD Office of the City Attorney Sent via Email & U.S. Mail August 4, 2020 Anastasia Baskerville, Esq. Melinda Coy, HCD Policy Specialist Department of Housing & Community Development Housing Policy Development Division 2020 W. El Camino Ave, Suite 525 Sacramento, CA 95833 www.carlsbadca.gov Re: Request for Opinion: Enforceability of City's Growth Cap Dear Ms. Baskerville and Ms. Coy: The City of Carlsbad ("City") requests Department of Housing & Community Development's opinion as to the enforceability of the City's growth cap established pursuant to the City's Growth Management Program1 (Proposition E and implementing regulations, collectively "GMP") in light of Senate Bill 330 (SB 330) and the City's need to accommodate its assigned Regional Housing Needs Assessment ("RHNA") for the sixth housing element cycle. Specifically, does the growth cap provision of the GMP run afoul of SB 330 that prohibits housing cap limitations? And are the established growth cap numbers, City-wide and by quadrant, enforceable if they preclude the City from identifying adequate land capacity to accommodate its share of the RHNA, some 3,873 housing units? (Gov. Code,§§ 66300, subd. (b)(B)(ii),2 6_5583,3 and 65863.4) The City's Growth Management Plan In 1986, the City passed the GMP. Among other things, the GMP establishes the maximum number of homes that can be built in the City, referred to as the growth cap. To ensure even distribution of housing development, the City was divided into quadrants with each 1https://www.carlsbadca.gov/services/depts/planning/growth.asp. 2https://leginfo.legislature.ca.gov/faces/codes displayText.xhtml ?lawCode=GOV &di vision= 1.&title =7.&part=&chapter=12.&article=. 3https ://leginfo. legislature.ca. gov /faces/ codes displaySection.xhtml ?lawCode=GO V &sectionN um=6 5583, 4http ://leginf o. legislature. ca. gov /faces/ codes displaySection. xhtml ?sectionN um=65 863 .&lawCode= GOV City Attorney 1200 Carlsbad Village Drive I Ca rlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax Aug. 27, 2020 Item #1 Page 87 of 91 Anastasia Baskerville, Esq. Melinda Coy, HCD Policy Specialist DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT HOUSING POLICY DEVELOPMENT DIVISION August 3, 2020Page 2 quadrant assigned a pmiion of the City's growth cap, refe1Ted to as quadrant caps. Under the GMP, once a quadrant reaches its assigned cap, the City is precluded from approving any further housing development in that quadrant. The GMP states "The maximum number of residential dwelling units to be constructed or approved in the City after November 4, 1986 is as follows: Nmihwest Quadrant 5,844; Nmiheast Quadrant 6,166; Southwest Quadrant 10,667; Southeast Quadrant 10,801. [,r] The City shall not approve any General Plan amendment, zone change, tentative subdivision map or other discretionary approval for a development which could result in development above the limit in any quadrant." (See Footnote 1, supra. See also Carlsbad Municipal Code, § 21.90.1855 [renaming the quadrant limits as "Residential dwelling unit caps"].) SB 330 Limitations on Regulations for Housing Permits SB 330, entitled the Housing Crisis Act of 2019, took effect on January 1, 2020 and adopts new permitting regulations for housing that greatly limit public agencies' ability to deny housing developments. The Act will sunset January 1, 2025 unless extended by the Legislature. As it relates to the City's effo1is to update its housing element, SB 330 prohibits any laws that act as a cap on the number of housing units that can be approved or constructed. Specifically, SB 330 states that a city "shall not enact a development policy, standard or condition ... establishing or implementing any provision that: (i) "limits the number of land use approvals or pe1mits necessary for the approval and construction of housing that will be issued or allocated within all or a po1iion of the ... city," (ii) "acts as a cap on the number of housing units that can be approved or constructed either annually or for some other time period," or (iii) "limits the population of the affected city." (Gov. Code,§ 66300, subd. (b)(l)(D).) These housing cap limitations from SB 330 raise questions regarding the ability of the City to enforce (1) its overall growth cap, and (2) the residential "quadrant limits" contained in the GMP. The City's RHNA Allocation On July 10, 2020, the San Diego Association of Governments ("SAND AG") Board of Directors adopted the final Regional Housing Needs Assessment Plan for the San Diego region, including HCD's dete1mination of 171,685 housing units needed in the region. Based on a SAND AG-developed methodology, the City's share of the RHNA allocation for the sixth housing cycle is as follows: 2021-2029 RHNA Allocation by Income • Ve1y Low = 1,311 5 http://www.gcode.us/codes/carlsbad/ Aug. 27, 2020 Item #1 Page 88 of 91 Anastasia Baskerville, Esq. Melinda Coy, HCD Policy Specialist DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT HOUSING POLICY DEVELOPMENT DIVISION August 3, 2020Page 3 • Low=784 • Moderate= 749 • Moderate-Plus= 1,029 • Total= 3,873 The City is studying how to meet its RHNA obligation for each income level. The City is concerned that, at a minimum, it may be necessaiy to exceed the quadrant growth cap(s) to do so. While the City explores its options to address these deficiencies, we would appreciate HCD's opinion on the enforceability of the growth cap. This matter is currently scheduled to be heard by the City Council at a workshop on August 27, 2020. Attachment: Proposition E cc: City Manager Sincerely, Celia A. Brewer CITY ATTORNEY Aug. 27, 2020 Item #1 Page 89 of 91 CITY OF CARLSBAD Proposition E (This ::iropos!Uon wlll appear on !he ballot In the following form.) E Shall an ordinance be adopted to provide as a part of the 1986 growth managemont plan that 1) NO DEVELOPMENT SHALL BE . APPROVED by the City of Carlsbad unlesg It Is guarantAed that concurrent with need all necessary public facilities be provided as required by salC, plan with llmphasls on ensuring good traffte clrculatlon, schools,· parks, Ubraries, eµen space and recreational amenmes; and 2) the City Council shall not approve residential development which would Increase the number of dwelling units beyond the limit in said orjinance WITHOUT AN AFFIRMATIVE VOTE OF THE CITIZENS. The City may add additional public facilities. The City shall not reduce public facllltles without a corresponding reduction In the residential dwelllng unit limit. PROPOSED ORDINANCE The People of the City of Carlsbad do ordain as follows: A. That the Carlsbad general plan shall be amende.d by the amendment of the Public Facllitles Md Land Use Elements to add the followi~J: "The City of Carlsbad In Implementing Its public facilities element and growth management plan has made an estimate of the number of dwelling units that will be built as a result of the appllcatlon of the density ranges in the Land Use Element to Individual projects. The City's Capital lrll)rovement Budget, growth management plan, and public facllltles plans are all based on this estimate. In order to ensure that all necessary public facilitles will be available concurrent with need to serve new development It Is necessary to limit the number of reslden!lal dwelling units which can be constructed In the City to that estimate. For that purpose the City has been divided lnlo four quadrants along El Camino . Real and Palomar Airport Road. The maximum number of residen!lal dw01Hng unlls lo be constructed or approved in the City after November 4, 1986 Is as 'follows: Northwest Quadrant 5,844; Northeast Quadrant 6,166; Southwest Quadrant 10,667; Southeast Quadrant 10,801. The City shall not appro .. ·e any General Plan amendment, zone change, tentat:ve subdivision map or other discretionary approval for a development which could result In development above the llmlt In any quadrant. In order to ensure that development does not exceed the Urrit !he followfng growth management control polnr~ are establishod tor the Land Uso Element density ranges. PA-001,1 ALLOWED DWELLING UNITS PER ACRE General Plan Density Ranges RL o :-1.5 RLM O -4.0 RM 4 -8.0 RMH 8 -15.0 RH .15 -23.0 Growth Management Control Point 1.0 3.2 6.0 11.5 19.0 (Con!lnued on next page) 41S-3e i i l l i . 1 I I I 005301.001 Aug. 27, 2020 Item #1 Page 90 of 91 ,; ; ' •• J ,: . .. .. ,· ... ·"· ···, ·, . ., . ; .. ·_ r , ., . ,. i i J l. I The c:iy shall not approve any residential development et a density that exceeds the growth management control point !or the applicable density. range without making the following flnd!ngs: · 1. That the project will provide sufficient additional public facllltles for the density In excess of the oontrol point to ensure that the adequacy of the City's public faclUtlos plans will not be adversely .Impacted. . :. . : . 2. That there have been sufficient developments approved In the quadrant at densities below the control point to cover the units In the project above the control point so the approval wlll not result In excoodlng the quadrant limit. The City Manager shall monitor all approvals and report to the Planning Commission and City Council on an annual basis to ensure that the construcUori of residential units within each quadrant, on a cumulative basis, will be at or below the growth management control points 11nd that the overall quadrant limits are being maintained.· If the annual report Indicates In any way that it is likely that the limit may be exceeded, the Council shall take appropriate action by revising the growth management plan and the City's :zoning code to ensure that the ceilings will be maintalned. The City Council or the Planning Col'Mlisslon shall not find that all necessruy public facilitles will be avallable concurrent with need as required by the Public Facilities Element and the City's 1986 growth management plan unless the provlsiOn of such facllitles Is guaranteed. In guaranteeing that the facilities will be provided emphasis shall be given to ensuring good traffic circulation, schools, par1<s, libraries, open space and recreational amenities. Public facilities may be added. The City Council shan not materially reduce public facllltle9 without making corresponding reductions In residential densities .. Nothing In this section shall be construed as changing the requirement that any specific resldentlal density above the minimum allowed by the Land Use Elemenl density ranges and the appllcabl8 zoning shall be Justified acoording to tho requirements ol the appropriate General Plan and :zoning provisions. (Contlnued on next pago) PR•001,:Z 415•39 "--:::•212•••••101lmu11n~!!••~J~~!· ~~~.~ .. ·:~·. ~:":"":·":."~~.--"'.~ ... ·.: ....... . I -------\ 005301.002 Aug. 27, 2020 Item #1 Page 91 of 91 ,, ., i: :; . ! . .. . . ~ i . i .. ,l . -~·· J B. The zoning map of the City of Carlsbad shall be smonded to provide that building permits Issued or approved lor residential dwelling units In the City after November 4, 1986 shall not exceed the limits established In the map In this section. The numbers on the map shall not be Increased without an affirmative vote of the people. NE QUADRANT 6,844 Dwelllng Units SW QUADRANT SE QUADRANT 10,661 Dwel/lng Units C. The City Council shall adopt amendments to Chapter 21.90 of the Carlsbad Municipal Code (Growth Management) as necessary to Implement the General Plan amendment of Section A and the Map or Section B. 0. This ordinance Is Inconsistent wllh and Intended as an alternaUve to any lnlrlarive ordinance which wciuld place an annual numerical limitation on the rale or resldenlial construction. II this ordinance and any such Initiative ordinance are both paSSP'; by a majority voting thereon then the one with the most votes shall prevall." PA-001,3 -~-- •' , •• ~-....-,..,t"'f,:!'"i~ r .. "T'-.: .. ;:,..~4•,.•t_~H-\:.(1:,l:;ll:.~'.'V ' i I I I I I 005301.003 All Receive - Agenda Item #____ For the Information of the: CITY COUNCIL Date:08/26/2020 CA X CC X CM X ACM X DCM (3) X All Receive - Agenda Item #____ allocate dwelling units to North County Plaza so as to allow us to create an exciting, mixed-use development which would significant assist the City of Carlsbad to meet California's RHNA requirements. I would be happy to provide your Committee with more information on our plans if requested. Mark Wendel KIMCO REALTY CORP. Director of Development I Western Region cc: Don Neu, Carlsbad City Planner Paul Klukas, Planning Systems Lan shire Housing Partners Ile. August 19, 2020 Mayor Matt Hall and City Council Members 1200 Carlsbad Village Drive Carlsbad, CA 92008 Honorable Mayor and Councilmembers: I am a property owner in Carlsbad. Providing affordable housing in our community is vital given the ever-increasing cost and existing shortage of housing within our community and across the state of California . I am in strong support of the Housing Committee's recommendations to the City Council. One method being considered by the City Council is the up zoning of existing residential projects within the city. If done properly, this is a viable way to help achieve the city's housing goals. I strongly urge you to support this measure as a means to provide more affordable housing opportunities in the city. Matt Nelson Managing Member 6815 Flanders Dr. #240 San Diego, CA 92121 off619.804.3417 Mia De Marzo Subject: Attachments: FW: Public Input for August 27th City Council Housing Workshop letter.pdf From: Bill Hofman <bhofman@hofmanplanning.com> Sent: Thursday, August 20, 2020 2:29 PM To: City Clerk <Clerk@carlsbadca.gov> Subject: Public Input for August 27th City Council Housing Workshop Good afternoon, Please provide this letter to the City Council for its upcoming workshop to be held on Thursday, August 27th. Thank you . Bill Hofman 858-442-0554 From: Matt Nelson <matt@ikonlimited.com> Sent: Thursday, August 20, 2020 9:39 AM To: Bill Hofman <bhofman@hofmanplanning.com > Cc: Michael Kootchick <mk@lanshirehousing.com> Subject: ltr Matt Nelson IKON Ltd matt@lkonlimited.com I CA UT/ON: Do not open attachments or click on links unless you recognize the sender and know the content is safe.! 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Attachments: Dear City Clerk staff: Lani Lutar Friday, August 21, 2020 5:08 PM City Clerk Bill Hofman; Timothy Hoag; Lani Lutar Fwd: update revised city letter.pdf RECEIVED AUG 2 4 2020 CITY OF CARLSBAD i-CITY CLERK'S OFFICE Earlier today, a letter was submitted by Bill Hofman on behalf of Timothy Hoag. An incorrect version of the letter (without contact information) was accidentally submitted. For the purposes of what will be shared/distributed to the Council and public record, can you please replace that prior letter with this version which includes Mr. Hoag's full contact information? Thank you in advance and sorry for the inconvenience. Regards, Lani Lutar on behalf or Timothy Hoag ----------Forwarded message --------- From: Timothy Hoag Date: Fri, Aug 21, 2020 at 4:16 PM Subject: Re: update To: Lani Lutar · · Cc: Bill Hofman See attached is this what you are looking for? Tim All Receive -Agenda Item# J_ For the lnformati9n of the: CIJY COUNCIL Date@ ;},1 CA v CC ~ CM v ACM ~DCM(3)~ CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 August 21, 2020 Carlsbad Mayor Matt Hall & City Council 1200 Carlsbad Village Dr. Carlsbad, CA 92008 RE: Housing Element Dear Mayor Hall and City Councilmembers: J I am the owner of an industrial parcel of land in the Bressi Ranch Master Plan. I have been closely following the meetings of the Housing Element Advisory Committee (HEAC) over the last several months. I have been impressed with the work of the HEAC, City staff, and supporting consultants. Given the many constraints within the City of Carlsbad to provide more affordable housing, the Committee has done an excellent job in laying out a game plan to address this critical need. For the city to meet the RH NA requirements and other Housing Element goals, all methods need to be put on the table and examined thoroughly. One method proposed by the Committee is the conversion of industrial zoned la.nds to residential land use categories. There has been some push back on this method based on perceived land use compatibility issues. Although this point is well taken, there are a few industrial sites within Bressi Ranch and throughout the city where such a change would not create · incompatibilities, and in fact, would result in more desirable land uses. I believe the property I own would be such a site. However, this letter is not written to discuss my site, specifically; I understand it is too early in the process for those types of discussions. I respectfully encourage the City Council to be open to all methods as recommended by the H EAC, including conversion of appropriate industrial designated land to residential where there is access to major transportation corridors, transit, schools, retail and restaurants. The more flexibility the Council leaves itself, the easier it will be to face the challenge of providing much needed affordable housing in our community. Thank you for your consideration. ~ Tim Hoar Owner JT-Bressi, LLC 3100 Front street, suite A San Diego, CA92103 858-792-7 405 Tammy Cloud~McMinn RECEIVED From: Catherine A. Ferguson AUG 2 5 2020 Sent: Monday, August 24, 2020 5:12 PM CITY OF CARLSBAD . City Clerk CITY CLERK'S OFFICE To: Subject: Thursday Council Hearing -Comment on Manager Report Item 1 Please see comment for Manager's Report Item# 1 Council members, thank you for the opportunity to speak on this issue. My name is Catherine Ferguson and I am the Vice President of the North County YIMBY group. I am writing to encourage you to keep all location strategies on the table. Our state and region are in a housing crisis and we must be able to consider any and all strategies to increase the housing supply to ensure that all San Diegans have a place to live. This crisis will require creative problem-solving and shutting the door on possible solutions is a mistake. Please keep all 6 strategies on the table for consideration while crafting the Housing Element. Thank you. CATHERINE FERGUSON• ATTORNEY AT LAW LOUNSBERY FERGUSON AL TONA & PEAK 960 CANTERBURY PLACE, SUITE 300 ESCONDIDO, CA 92025 T: 760-743-1226 EXT. 111 F: 760-743-9926 CAF@LFAP.COM WWW.LFAP.COM • •• ·-· L OUNSBERY FERGUSON ALTONA &PEAK All Receive -Agenda Item # _j_ · For the Information of the; 9n;_souNCIL Date 2{Jn CA £__ CC ~ CM --1:::::ACM ;:::::_ DCM (3) ../ The information contained in this electronic mail transmission is confidential and intended to be sent only to the stated recipient of the transmission. It may therefore be protected from unauthorized use or dissemination by the attorney-client and/or attorney work-product privileges. If you are not the intended recipient or the intended recipient's agent, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. You are also asked to notify us immediately by telephone and to delete this transmission with any attachments and destroy all copies in any form. Thank you in advance for your cooperation. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that, to the extent this communication (or any attachment) addresses any tax matter, it was not written to be (and may not be) relied upon to (i) avoid tax-related penalties under the Internal Revenue Code, or (ii) promote, market or recommend to another party any transaction or matter addressed herein (or in any such attachment). CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: 8/25/20 Tuesday, August 25, 2020 12:03 PM City Clerk comment for housing meeting 8/ 27 /20 Dear Carlsbad City council members, My name is marianne grisez. RECEIVED • ,...nr----- /""\VU ~ V L ULU CITY OF CARLSBAD CITY CLERK'S OFFICE All Receive -Agenda Item#_}_ For the Information of the: CITY COUNCIL Date 8 /;J.7 cA v cc ...:::._ CM ~ACM ~ DCM (3) ::::__ '· ' I am a member of the North County YIMBY group (and a resident of Carlsbad). I am writing to encourage you to keep all location strategies on the table .. So many folks need affordable housing and Carlsbad, historically has not encouraged builders that could prnvide this affordable housing option. The local strategies - 1} vacant land that is zoned for housing development, but not yet developed 2} in areas that are already developed but could be made denser by increasing the number of housing units allowed on each piece of property. 3} near commercial locations, creating live-work neighborhoods 4) on lots that are underutilized 5) at vacant industrial site that have been converted to residential use 6) on existing singe-family properties as an accessory dwelling unit Our state and region are in a housing crisis and this crisis will require creative problem-solving and shutting the door on possible solutions is a mistake. It may also increase the homeless population. Please keep all 6 strategies on the table for consideration while crafting the Housing Element. Thank you, Marianne Grisez Carlsbad, Ca. 92011 Sent from my iPhone CAUTION: Do not open attachments or click on links unless 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear Clerk and Councilmembers, Matthew Loecker Tuesday, August 25, 2020 3:49 PM City Clerk Housing Element RECEIVED AUG 2 5 2020 CITY OF CARLSBAD CITY CLERK'S OFFICE All Receive -Agenda Item # _J_ For the lnformiltion.of the: CIJ'!' COUNCIL Date ~CA v cc ~ CM ./ ACM -':::::'DCM (3) ~ Thank you for taking comments on future housing strategies in Carlsbad and thank you for working to increase the housing supply in Carlsbad. My name is Matthew Loecker and I am a resident of Carlsbad and a member of several activist groups. I am also a current renter, but hoping to buy a home and settle permanently in Carlsbad with my wife and two young children. Like many residents I am struggling to find affordable housing in Carlsbad, even with an excellent job and a working spouse. I am calling/writing to encourage you to keep all location strategies on the table, the more housing the better. Our state and region are in a housing crisis and we must be able to consider any and all strategies to increase the housing supply to ensure that all San Diegans have a place to live. This crisis will require creative problem-solving and shutting the door on possible solutions is a mistake. Please keep all 6 strategies on the table for consideration while crafting the Housing Element. Thank you! Matt 1 Tammy Cloud-McMinn From Sent: To: RECEIVED AUG 2 7 2020 FARHAD SHARIFI <fhsharifi@gmail.com> Wednesday, August 26, 2020 4:41 PM City Clerk · All Receive -Agenda Item # J_ SubjE t: CITY OF CARLSBAD Ponto Area Amendment for tomorrow City Council meeting=or the Information of the: CITY CLERK'S OFFICE To whom it may concern, ~1,:x5ouNCIL Date ~CA v cc~ CM v ACM ,......-DCM (3) / I would like to add my comments as part of the document for public input for the City Council meeting tomorrow. Dear Mayor Hall, Carlsbad City Council, and California Coastal Commission: I am informed that 1. Carlsbad must consider on Planning Area Fat Ponto the need for a public park at Ponto as part of the Draft Local Coastal Program Amendment. 2. There is no public park at Ponto even though' City Park Standards requires a minimum of 6.5 acres of parkland . for Ponto. 3. There is a current 6.6 acre park deficit in Coastal Southwest quadrant of Carlsbad, (south of Palomar Airport Road and west of El Camino Real). 4. There a·re no Coastal Parks in all of South Carlsbad. 64,000 South Carlsbad citizens have no Coastal Park. 5. Ponto is at the center of a larger 6-mile stretch of coastline in that has no Coastal Parks, 6. Ponto has a city documented 30 acre open-space standard deficit that a Coastal Park would help resolves. 7. And most importantly, I am informed that the City is currently ignoring these issues and in the Draft Local Coastal Program Amendment is proposing to eliminate the last opportunity to create a much needed Coastal Park at Ponto CAUTION: Do not open attachments or click on links unless 1 Tammy Cloud-McMinn From: RECEIVED Sent: AUG 2 7 2020 To: Subjec : CITY OF CARLSBAD . CITY CLERK'S OFFICE RE: Housing Sites Agenda C herie Mclarty <cherie.mclarty@yahoo.com> Wednesday, August 26, 2020 6:54 PM City Clerk C ity council agenda Aug 27 All Receive -Agenda Item # J_ For the Information of the: CIJY COUNCIL Dater.?/ ~1cA v CC ~ CM v ACM ~DCM (3) V You may recognize my name as I email often regarding the vacant lot off Ponto and Ave Encinas. This is because my house is directly across the tracks from this lot. I believe strongly that Carlsbad deserves to make this beautiful piece of land, the gateway to our coastal city, of which there are few. Leucadia/Encinitas are destroying it from their side of our border with the building of an extremely large hotel in a very small, unstable location. We can still make this city of Carlsbad stand out not only for where it is, but how it exists. I understand business and taxes and revenue. But we also need open and usable space to come and enjoy why we live here. This topic can be discussed for a very long time. I ask that you take your time, hear from your citizens (this are lacks direct representation at this time) and consider the long-term affects of changing the environment with no take backs .. There are many of us who are willing to give our time and efforts to make this space the kind of place where people will come and enjoy and protect the environment for future generations. Thank you for your time, Cherie Mclarty CAUTION : Do hot open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: RECEIVED nda Geidner All Receive -Agenda Item# J_ For the Information of the: Sent: ednesday, August 26, 2020 7:04 PM ity Clerk CTYCOUNCIL To: Cc: AUG 2 7 2020 on Neu; Carolyn Luna Date B :). 7cA .......-cc ., CM /ACM v DCM (3) .,,,..- Subjec CITY OF CARLSBAD CITY CLERK'S OFFICE omment on Agenda Item #1 Council meeting 8-27-2020 Dear Council Members, These comments are my pe rsonal opinions, however for transparency please note that I am a member of the Planning Commission. 1. The location/zoning for Ponto housing could be shifted from beachfront to several properties located near the intersection of Poinsettia and Avenida Encinas. Currently the Ponto property is zoned for up to 200 units (R-30), . potentially more with the State mandated density bonus for inclusionary units. There are a number of advantages to moving the housing away from Ponto: o It supports the community Vision to keep our beach community character, protect natural resources and support recreational uses. o It would create a walkable neighborhood still close to the beach. o The density and number of units can be increased so we get more units. o It is closer to the freeway so it will minimize traffic impacts. o It puts housing within 1 mile of the train station vs about 2 miles away. 2. I suggest we identify several transportation nodes in addition to train stations and locate the higher density housing near those nodes. They would ideally be located along the freeway to decrease the load on surface streets. Two examples are Poinsettia at 1-5 and El Camino at Highway 78. 3. The General Plan currently allows housing on sites zoned Local Shopping Center (L), General Commercial (GC) and Regional Commercial (RC). See table 2-3 on page 2-18 of the General Plan. Unless the plan has been amended this table states that the density allowed on these sites is R-15 to R-30 and that the RHNA numbers assume an R-15 count. lfwe just change that assumption from R-15 to R-301 how many additional units do we get toward our RHNA count? Wouldn't that be a good place to start? Please also forward a copy to the Housing Element Advisory Committee and thank you for the opportunity fo participate. Kind Regards, Linda Geidner en attachments or click on links unless ou reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subjec l: RECEIVED AUG 2 7 2020 CITY OF CARLSBAD CITY CLERK'S OFFICE Dteve Linke <splinke@gmail.com> hursday, August 27, 2020 1 :16 AM :ity Clerk ~orrespondence for Housing Element Location Met~JPR@~w~s kijt'c?n7di1~~~4it_rlfouncil meeting) For the Information of the: ,..,c;rl'( ~OUNCIL Honorable Mayor and City Council: Date 8/.n CA v CC v' CM / ACM ,.........-DCM (3) ./ As part of the decision-making process in choosing locations for future housing, please have staff incorporate at least high-level transportation impact analysis, including both vehicle miles traveled (VMT) and level of service (LOS). Ideally, new housing projects should be located in areas that minimize VMT impacts and do not add vehicle traffic to already congested streets. This presents some challenges, because the two metrics sometimes work against each other, but they are important considerations for many reasons, including the following. In order to meet the City's growth management and General Plan requirements, housing projects in areas with heavy vehicle congestion will require mitigation in the form of street projects. And, in order to meet the State's environmental and the City's General Plan requirements, housing projects in areas with low VMT efficiency and/or streets with such heavy congestion that they have been exempted from the growth management standard will require mitigation in the form of measures to promote non-vehicle travel. All of these mitigation strategies can be expensive, so it may be challenging for developers to offer affordable housing in certain areas. Otherwise, taxpayers may have to pay the mitigation bills. Several new developments subject to the new VMT law are currently under review, and they are relying heavily on residents using transit to move around the city to meet VMT requirements. However, transit service is inconvenient, and the ridership in Carlsbad is shockingly low. For example, of the 284 bus stops in Carlsbad 86% average 10 or less boardings per day, and 63% average two or less boardings per day (data for 7 /2018-6/2019 obtained from the North County Transit District). A typical approach is to require the developer to add a bench and trash can to the nearest bus stop(s), but that is unlikely to meaningfully boost ridership and reduce vehicle trips/congestion. Below is a photo of the bus stop on College Boulevard at Palomar Airport Road, which averages less than one boarding per day, which is typical of the entire Palomar Airport Road corridor. The City has only minimal influence over transit, and a major overhaul likely will be necessary to reach the cited VMT and LOS goals. 1 Another issue concerns the re-zoning of commercial or industrial properties to residential. The mixing of commercial with residential is being promoted as a key strategy to reduce the need for vehicle use and the resultant VMT. This strategy is further enhanced by affordable housing, because lower income residents are allegedly less likely to own a vehicle and more likely to use alternative transportation, which is more viable with shorter commutes. However, if there is not sufficient other commercial area nearby, converting current commercial land use to residential defeats the purpose of this strategy. For example, the area of Robertson Ranch just south of Cannon Road and east of El Camino Real was supposed to be developed with a 66,000 square-foot office building, which could have provided jobs in close proximity to the many residents in Robertson Ranch and the surrounding large tracts of residences. However, the land use was changed to residential to build 98 more apartments in three three-story buildings. Now, there effectively wili be no jobs there, and all of the new residents must travel on the streets in that area, which were just exempted from the growth management standard due to heavy congestion, to get to their destinations -creating a double-whammy. In addition, some industrial and other sites are not necessarily close to a large number of jobs or other goods and services, such as grocery stores, other shopping, schools, parks/recreation, etc. If affordable housing is placed far away from these critical things, how are the residents going to be expected to utilize! them without racking up huge amounts ofVMT? In any event, this is not intended to be a criticism, and I am not sure what the best answers are, but please take both VMT and LOS into consideration in the decision-making process. Best regards, Steve Linke Carlsbad, CA 2 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Dear Mayor and City Council Mike Ferrante <mike.ferrante503@gmail.com> Thursday, August 27, 2020 9:42 AM City Clerk Kate E Kessler Against Proposal to Increase Zoning Density at Ponto All Receive -Agenda Item # _j_ For the Information of the: ..--,C}!:,,, COUNCIL Date~ CA ./ CC ~ CM £._ACM ~DCM(3)~ My name is Mike Ferrante and I have lived in Carlsbad for nearly 20 years. I love this City and want to ensure it remains a wonderful place to live and visit. I am aware that there is a proposal to increase zoning density at vacant lots at Ponto and increase the allowable building height to accommodate up to 4 floors of apartment buildings. The city already has a deficit of 30 acres of open space and a deficit of 6.6 of parks in the southwest. I ask that the City NOT approve plans to increase building density, and to budget money in their capital improvement program to purchase Planning Area F and build a park at Ponto to serve residents and visitors alike. Planning Area F is currently for sale and I request the City contact the landowner to explore purchasing the site for a needed park. This land is the entrance to Southern Carlsbad and one of the last remaining pieces of coastal open space, it is a treasure and should be developed into a space for all to enjoy, not squandered on high density residential development that would do best located closer to employment at the Center of Carlsbad. I ask you to Develop Ponto Right-I ask you to build Ponto Park. I request that my comments be put on record in the official public records for all things related to Planning of Ponto, Planning Area F, including the official public records for Carlsbad's City's Budget, draft Local Coastal Program Amendment, and Parks Master Plan Update; and the CA Coastal Commission's consideration of Carlsbad's draft Local Coastal Program Amendment. Thank you, Mike Ferrante 503 Rudder Ave Carlsbad, CA 92011 CAUTION: Do not open attachments or click on links unless 1 Brookfield Properties August27,2020 RECEIVED AUG 2 7 2020 CITY OF CARLSBAD CITY CLERK'S OFFICE Mayor Matt Hall and Members of the Carlsbad City Council . 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: THE SHOPPES AT CARLSBAD AUGUST 27TH CITY COUNCIL MEETING . All Receive --Agenda-Item # _1_._-- For the Information of the: COUNCIL Date CA v CC .,.,,- CM_ _v6CM{3) / ITEM #1 · PROPOSED METHODOLOGIES FOR CHOOSING LOCATIONS FOR FUTURE HOUSING IN CARLSBAD AS A PART OF REQUIRED UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN Dear Mayor Hall and Council Members: As the owner of The Shoppes at Carlsbad, Brookfield fully supports designating this location as a potential candidate site for additional housing density. Adding housing in this location could prove to be very beneficial: • Housing at The Shoppes will support the retail and food and beverage platform to its highest and best use , • Higher density in this location will facilitate affordable housing options as well as provide more attainable market rate housing for Carlsbad's employment base • The site is ideally located with access from the freeway at both El Camino Real and Jefferson Road • With the transit center located at the site, additional housing density along with a reconfigured "mobility hub" could provide good synergies within a mixed-use environment In addition to these benefits, a full suite of land uses and the compounding benefits of mixed-use have the potential to strengthen the economic base for the site creating long-term operational and economic viability for the City. Thank you for considering this site as well as thoughtfully discussing and considering all options for housing to help fulfill City and community objectives. Sincerely, Ted Lohman Sr. Director, Brookfield Properties BROOKFIELD PROPERTIES 733 81h Avenue, San Diego, CA, 92101 T +1 619 321 1111 F +1 619 321 1234 brookfieldproperties.com Tammy Cloud-McMinn ____ from: Jim Burke< > 11 d I ~=---------~~~=~ -----A -Re-ceive~Agen a-1tem-n-=i..:--------i-; ~-- Sent: Thursday, August 27, 2020 1 :13 PM For the Information of the: To: City Clerk CIT){ COUNCIL Subject: 27 Aug Meeting @ 3 PM Date i//J t A Vee ...--- CM ~CM _..---DCM (3) ._,......-- Dear City Clerk, Please ensure the following is presented to and read into the 27 Aug 20 meeting transcript: "We oppose the use of the PONTO area for more high density housing and the proposed widening of Avanida Encinas, a two Jane road. 1. There are already several prefabricated/mobile home parks in the area. The additional overdevelopment of PONTO takes us to the Pacific Beach model of urban blight. Who would this be serving? Sacramento? Definitely NOT the South Carlsbad taxpaying community. 2. A proposal to widen Avenida Encinas is ludicrous for many reasons. I've read the General Plan. Overlooked with the intentions of mixed commercial/residential use is the assumption that Avenida Encinas can legally and effectively handle the mass volumes of traffic both during construction and operation of the proposed projects. It is a two Jane road which at its narrowest {56') (the RR overpass) falls short of the 60' required by California for a four lane road . Where would the pedestrian and bike Janes go? You can't seriously be considering replacing the overpass. The time and expenses involved would be prohibitive. 3. The proposal to "rebuild the Coast Highway in South Carlsbad" may be an interesting engineering project but to what end? Taxpayer dollars wasted on this should be redirected to positive outcomes for our community. PROPOSAL. Our Ponto Beach area needs to viewed and developed as a whole, as follows: The most valuable use of the areas north and south of Avenida Encinas would be to serve the park and recreational needs of CURRENT residents by providing: 1. Multi-use fields (baseball/softball/soccer/concert) 2. Children's playgrounds 3. Additional beach parking 4. Skateboard park 5. Community center 6. Satellite library 7. Dog walking trails and "Dog Park" area 8. Open space Additionally we should announce our southern city area with the same type of art-deco signage used in Carlsbad Village. Please acknowledge receipt. Thank you. Jim and Terry Burke Carlsbad CA 92011" 1 ,I All Receive - Agenda Item #____ For the Information of the: CITY COUNCIL Date:08/26/2020 CA X CC X CM X ACM X DCM (3) X Exhibit 2 All Receive - Agenda Item #____ allocate dwelling units to North County Plaza so as to allow us to create an exciting, mixed-use development which would significant assist the City of Carlsbad to meet California's RHNA requirements. I would be happy to provide your Committee with more information on our plans if requested. Mark Wendel KIMCO REALTY CORP. Director of Development I Western Region cc: Don Neu, Carlsbad City Planner Paul Klukas, Planning Systems Exhibit 3 Tammy Cloud-McMinn From: RECEIVED nda Geidner All Receive -Agenda Item# J_ For the Information of the: Sent: ednesday, August 26, 2020 7:04 PM ity Clerk CTYCOUNCIL To: Cc: AUG 2 7 2020 on Neu; Carolyn Luna Date B :). 7cA .......-cc ., CM /ACM v DCM (3) .,,,..- Subjec CITY OF CARLSBAD CITY CLERK'S OFFICE omment on Agenda Item #1 Council meeting 8-27-2020 Dear Council Members, These comments are my personal opinions, however for transparency please note that I am a member of the Planning Commission. 1. The location/zoning for Ponto housing could be shifted from beachfront to several properties located near the intersection of Poinsettia and Avenida Encinas. Currently the Ponto property is zoned for up to 200 units (R-30), . potentially more with the State mandated density bonus for inclusionary units. There are a number of advantages to moving the housing away from Ponto: o It supports the community Vision to keep our beach community character, protect natural resources and support recreational uses. o It would create a walkable neighborhood still close to the beach . o The density and number of units can be increased so we get more units. o It is closer to the freeway so it will minimize traffic impacts. o It puts housing within 1 mile of the train station vs about 2 miles away. 2. I suggest we identify several transportation nodes in addition to train stations and locate the higher density housing near those nodes. They would ideally be located along the freeway to decrease the load on surface streets. Two examples are Poinsettia at 1-5 and El Camino at Highway 78. 3. The General Plan currently allows housing on sites zoned Local Shopping Center (L), General Commercial (GC) and Regional Commercial (RC). See table 2-3 on page 2-18 of the General Plan. Unless the plan has been amended this table states that the density allowed on these sites is R-15 to R-30 and that the RHNA numbers assume an R-15 count. lfwe just change that assumption from R-15 to R-301 how many additional units do we get toward our RHNA count? Wouldn't that be a good place to start? Please also forward a copy to the Housing Element Advisory Committee and thank you for the opportunity fo participate. Kind Regards, Linda Geidner en attachments or click on links unless ou reco nize the sender and know the content i 1