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HomeMy WebLinkAbout2017-02-15; Planning Commission; ; GPA 16-02 – 2017 HOUSING ELEMENT UPDATE The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: February 15, 2017 Project Planner: Scott Donnell Project Engineer: N/A SUBJECT: GPA 16-02 – 2017 HOUSING ELEMENT UPDATE – Request for a recommendation of approval of a General Plan Amendment to revise the General Plan Housing Element. As an element of the General Plan, the Housing Element is a policy document applicable city-wide. The project is within the scope of the prior environmental documents certified and adopted in September 2015 for the Comprehensive General Plan Update, and no further environmental documentation is required per CEQA Guidelines Section 15162. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7228 RECOMMENDING APPROVAL of General Plan Amendment GPA 16-02 to the City Council based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND A. Overview The city is updating its Housing Element, one of seven state-mandated elements of the General Plan. The current Housing Element was approved as part of the General Plan in September 2015. Although the approved element provides an eight-year housing plan for the planning period 2013-2021, state law (SB 575, Steinberg) requires the city to develop a mid-planning period (four-year) Housing Element Update. Thus, the current element provides the housing plan for the first half of the planning period, or through April 29, 2017. The proposed update will provide the housing plan for the second half of the planning period, or from April 30, 2017 through April 29, 2021. Public participation in the update process began in September 2016 with a Housing Commission workshop on housing issues. The city created a project website and released the first draft of the updated element in early November and submitted the document to the California Department of Housing and Community Development (HCD) for initial review as required by state law. In December, HCD determined the draft update, revised as required by the agency, met the statutory requirements of state housing element law (Attachment 2). The 2017 Housing Element Update document, revised as required by HCD, is an exhibit to the recommended Planning Commission resolution. Staff posted the revised document on the project website on January 18 and distributed it to the libraries and other city facilities the following day. In addition to Planning Commission review of the project, the Housing Commission will also consider and make a recommendation on GPA 16-02 to the City Council. If the City Council approves the housing element update, staff will again submit it to HCD for a final compliance review. An adopted housing element is due to the state by April 30, 2017. 2 GPA 16-02 – 2017 HOUSING ELEMENT UPDATE February 15, 2017 Page 2 Overall, the proposed changes to the Housing Element can be characterized as more technical update than overhaul, primarily because the recently approved General Plan remains relevant and effective. While numerous tables and charts have been revised to reflect recent demographics and other information, no significant changes to policies or programs are recommended and no land use changes are necessary. Furthermore, the proposed update demonstrates the city continues to produce affordable housing and meet its Regional Housing Needs Assessment (RHNA) obligations. RHNA is discussed in a separate section below. B. Purpose and Contents The Housing Element is designed to provide the city with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing within the community. A priority of both state and local governments, Government Code Section 65580 states the intent of creating housing elements: The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order. Per state law, the Housing Element has two main purposes: 1. To provide an assessment of both current and future housing needs and constraints in meeting these needs; and 2. To provide a strategy that establishes housing goals, policies, and programs. As noted, the Housing Element provides an eight-year housing plan (April 30, 2013 – April 29, 2021), which differs from the city’s other General Plan elements that cover a much longer period. The Housing Element serves as an integrated part of the General Plan, but is updated more frequently to ensure its relevancy and accuracy. Additionally, its mandated review by the state is unique. The existing and proposed Housing Element identify strategies and programs that focus on: 1. Conserving and improving existing affordable housing; 2. Maximizing housing opportunities throughout the community; 3. Assisting in the provision of affordable housing; 4. Removing governmental and other constraints to housing investment; and 5. Promoting fair and equal housing opportunities. Similar to the current Housing Element, the proposed 2017 Housing Element Update has the following major components: 1. An introduction to review Housing Element requirements, the public participation process, and the document’s relationship to the Community Vision and other General Plan elements (Section 10.1); 2. A profile and analysis of the city’s demographics, housing characteristics, and existing and future housing needs (Section 10.2); 3. A review of resources available to facilitate and encourage the production and maintenance of housing, including land available for new construction, financial and administrative resources, and opportunities for energy conservation (Section 10.3); 4. An analysis on housing production and maintenance constraints, such as market, governmental, and environmental limitations to meeting the city’s identified housing needs (Section 10.4); GPA 16-02 – 2017 HOUSING ELEMENT UPDATE February 15, 2017 Page 3 5. An evaluation of housing programs, construction and preservation (Section 10.5); 6. A statement of the Housing Plan to address the city’s identified housing needs, including formulation of housing goals, policies, and programs (Sections 10.6 and 10.7); 7. A table of the city’s quantified housing objectives from 2010 to 2020, identifying units the city expects will be constructed, rehabilitated, conserved and assisted (Section 10.8); 8. Appendices supporting the analysis of housing programs, construction and preservation found in Section 10.5 (Appendix A) and the sites inventory introduced in Section 10.3 (Appendix B). C. Proposed Revisions Following is a summary of changes proposed to each of the Housing Element sections and appendices described above. The summary helps underscore that the proposed element is truly more an update than comprehensive overhaul. 1. Section 10.1 (Introduction) – Revisions identify new state land use laws (not affecting the housing element) the city will need to address; also, staff has added new text regarding the approval of the current housing element as well as the public outreach and participation related to this update. 2. Section 10.2 (Housing Needs Assessment) – In the current Housing Element, the significant amount of demographic information in this section, based on the Census, the American Community Survey and various state and local sources, is now generally a few to several years old. Staff has updated this data and other information, such as the homeless counts and list of homeless shelters and services providers in Tables 10-10, 10-12 and 10-13. 3. Section 10.3 (Resources Available) – As with Section 10.2, staff has updated information to reflect new projects and improvements. This section also identifies how the city, through recently constructed and approved projects and available vacant and underutilized land, continues to comply with its RHNA growth estimates. Supporting the data is a revised map – Figure 10-1 – that identifies all vacant and underutilized sites. This sites inventory is supported by Appendix B and is updated through April 30, 2016. Additionally, at the end of Section 10.3, staff has reviewed “Opportunities for Energy Conservation” discussion to include new or recent information on the seawater desalination plant, the city’s recycled water network, and the Climate Action Plan. 4. Section 10.4 (Constraints and Mitigating Opportunities) – Again, recommended revisions update facts and figures, such as the cost for vacant residential property in Carlsbad and the city’s development fee schedule; staff has also added a comparison of city development fees to the total development costs for single- and multi-family construction. Further, existing text has been expanded or clarified, for example, to include a summary of the inclusionary housing ordinance and discussions on the flexibility that exists in meeting development standards and the city’s program to defer development impact fees. 5. Section 10.5 (Review of Housing Programs) – To the existing section data on housing construction and progress in the prior (2003-2012) RHNA cycle, staff has added new figures that report construction and progress in the current (2010-2020) RHNA cycle through April 30, 2016. A table analyzing residential development in the Coastal Zone and information on housing preservation also have been updated. Since Carlsbad’s housing stock is new and/or in good condition, housing preservation primarily focuses on protecting the affordability of units. GPA 16-02 – 2017 HOUSING ELEMENT UPDATE February 15, 2017 Page 4 6. Section 10.6 (Housing Plan Overview) and Section 10.7 (Housing Plan Goals, Policies, and Programs) form the Housing Plan, which consists of the city’s long-term housing goals and a menu of shorter- term objectives, policy positions, and programs to achieve the long-term goals. No revisions are recommended to any goals or policies. Instead, changes proposed are updates and clarifications, which demonstrate the continued effectiveness of the city’s Housing Plan. Programs 3.3 and 3.15, for example, have added text to describe new state legislation regarding density bonus regulations and accessory dwelling units (formerly known as second dwelling units) and the city’s objectives and time frames to comply as necessary with the legislation. Otherwise, no substantive modifications are proposed to these or other important programs that have their basis in the Housing Plan, such as Program 2.1: Adequate Sites to Accommodate RHNA; Program 3.1: Inclusionary Housing Ordinance; and Program 3.7: Housing Trust Fund. Staff is proposing deletion of one Housing Element program (Program 1.5: Preservation of At-Risk Housing). This deletion is recommended simply because the program is no longer necessary. Please see further discussion below. 7. Appendix A (2013-2015 Accomplishments) – This completely revised appendix reviews the city’s accomplishments toward the Housing Plan during 2013-2015, or the first three, complete years of the current housing cycle. It replaces entirely the Appendix A in the current Housing Element, which reviewed accomplishments during the previous housing cycle. 8. Appendix B (Sites Inventory Supporting Documentation) – This appendix comprehensively identifies, on a parcel by parcel basis, vacant and underutilized properties available for lower, moderate, and above moderate-income housing development. The information presented in this appendix updates, through April 30, 2016, the data in the current Appendix B that was prepared in 2013 and then adjusted in September 2015 with adoption of the General Plan and corresponding land use changes. All parcels listed in Appendix B are mapped on Figure 10-1 in Section 10.3. All recommended changes are shown in the 2017 Housing Element Update document (an exhibit to the recommended Planning Commission resolution) in underline and strikeout format. D. RHNA Demonstrating compliance with RHNA, or the Regional Housing Needs Assessment, is a significant component of a housing element. Developed by the state and allocated by SANDAG, RHNA is expressed as the number of housing units needed to accommodate estimated growth over a specified time period and for all economic segments. San Diego County’s current RHNA determination of 161,980 units corresponds to the housing needs for an 11-year period (January 1, 2010 through December 31, 2020). It is allocated among all county jurisdictions. The City of Carlsbad’s share of the RHNA is 4,999 housing units, or about 3 percent of the overall regional housing need. While RHNA does not obligate jurisdictions to build housing, it does require them to demonstrate availability of residential sites at appropriate densities and development standards to accommodate these units. For its share, Carlsbad must show it can accommodate the 4,999 units according to the following income distribution:  Very Low Income: 912 units (18 percent)  Low Income: 693 units (14 percent)  Moderate Income: 1,062 units (21 percent)  Above Moderate Income: 2,332 units (47 percent) GPA 16-02 – 2017 HOUSING ELEMENT UPDATE February 15, 2017 Page 5 Generally, the state considers vacant and underutilized land zoned for multi-family housing at densities of 20-30 units per acre or more as appropriate for development of housing affordable to lower income families. (Underutilized sites refer to properties whose residential capacity is not fully realized, such as an older home on a lot designated for apartments.) Therefore, the city must prove it has sufficient high density land to accommodate over 1,600 units of very low and low income housing based on the RHNA numbers above. Some constructed units, typically those that are income restricted and required due to the city’s Inclusionary Housing Ordinance, also can help fulfill RHNA. Staff has revised Table 10-30 from Housing Element Section 10.3 to reflect housing approved, under construction, and built in Carlsbad from January 1, 2010, the beginning of the current RHNA period, to April 30, 2016. Similarly, the revised table identifies vacant and underutilized residential sites in the city as of April 30, 2016 (these sites exclude vacant or underutilized sites with an approved, but not yet built development project). Based on Table 10-30, Table 1 below demonstrates the city’s continued compliance with the current RHNA determination. The numbers stated represent potential dwelling units that could be built at densities considered appropriate for each income category. TABLE 1 – ADEQUACY OF SITES IN MEETING RHNA, BY HOUSEHOLD INCOME1 E. Deletion of Program 1.5: Preservation of At-Risk Housing Goal 10-G.1 of the current and proposed Housing Elements, listed at the beginning of Section 10.7, states, “Carlsbad’s existing housing stock preserved, rehabilitated, and improved with special attention to housing affordable to lower-income households.” In the current element, Housing Program 1.5 was included to help implement this goal by focusing on the preservation of at-risk housing. At-risk housing can include apartments subject to losing their affordability restrictions and converting to market rate rents. One project, Santa Fe Ranch, was identified in the current element as being at-risk. A large apartment project near Stagecoach Park in La Costa, Santa Fe Ranch featured market rate units as well as 64 low-income units. It was approved prior to the effective date of the city’s Inclusionary Housing Ordinance and thus was not subject to its 55-year affordability restrictions. However, the units were subject to affordability restrictions the city received in exchange for issuing tax-exempt bonds for the project in 1985; these restrictions would remain in place for 30 years or as long as the bonds were outstanding. Site Type Very Low Low Moderate Above Moderate Total Development Projects2 46 319 182 2,108 2,655 Vacant3 112 376 575 881 1,944 Underutilized3 1,024 96 399 374 1,893 Total 1,182 791 1,156 3,363 6,492 RHNA 912 693 1,062 2,332 4,999 Surplus/Deficit 270 98 94 1,031 1,493 1Table is derived from Housing Element Table 10-30. 2”Development projects” represent housing built, approved and under construction since January 1, 2010. More detail is contained in Housing Element Table 10-24. 3More detail about vacant and underutilized sites is contained in Housing Element Table 10-29. GPA 16-02 – 2017 HOUSING ELEMENT UPDATE February 15, 2017 Page 6 In 2016, the 64 units in Santa Fe Ranch converted from affordable to market rate apartments following repayment of the bonds. While unsuccessful in preserving the Santa Fe Ranch affordable housing (the owner had the option to pay off the bonds at any time and without notice to the city), the city was able to assist in the rent negotiations for 26 of the 64 households affected so that these households could remain despite the rent increases. Table 10-21 in Section 10.2, included in both the current and proposed elements, inventories over 1,600 apartments that are presently affordable to lower income families, with affordability assured pursuant to the city’s Inclusionary Housing Ordinance or other requirement. Table 10-21 in the proposed Housing Element deletes the Santa Fe Ranch project and its units but shows that affordability restrictions for all other units are guaranteed through at least the year 2051. This enables all of Carlsbad’s remaining affordable rental stock to be in compliance with Goal 10-G.1. As there are no other affordable housing projects in danger of converting, Program 1.5 is recommended for deletion. F. Public Participation An important component of the Housing Element Update process is public participation. Section 10.1 discusses the public outreach that has occurred through 2016, including the Housing Commission workshop on housing issues held September 22, 2016, and the draft element’s release for public review. This section will be updated to reflect subsequent actions, including public hearings before the Housing Commission, Planning Commission, and City Council held to consider adopting the element. Section 10.1 summarizes the remarks made at or in response to the Housing Commission workshop and includes staff’s responses to the remarks. Two of the comments were made via email instead of spoken at the meeting, and they are attached. Staff received an additional email on the Housing Element Update prior to the workshop; the email and staff’s response are attached. Following the workshop, staff released the first draft of the 2017 Housing Element Update for public review and requested input during a 30-day review period beginning November 15 and ending December 15. In response, two people provided comments, which are replied to by staff below and also attached.  December 2 comment from Jean Diaz, Executive Director for the San Diego Community Land Trust. This letter encourages the city to add housing element language encouraging the use of community land trusts (CLT), as the letter explains. In response, staff believes a CLT could be a tool to provide affordable housing in Carlsbad and it could help implement various programs, such as Program 1.3 (Acquisition/Rehabilitation of Rental Housing), Program 3.6 (Land Banking), and Program 3.7 (Housing Trust Fund). However, a CLT has not been proposed in Carlsbad and staff is unaware of any pending applications for its use. While adding language specifically regarding CLTs is not recommended as it is not a utilized tool, staff will continue to monitor for its use.  December 8 comment from Robin Ferencz-Kotfica, a Lakeshore Gardens resident. The comment requests that Carlsbad make a reasonable effort to assist those living in zones designated as affordable housing, such as by establishing rules limiting rent increases. Also requested is city assistance in establishing a requirement that managers of affordable housing properties provide resource referrals to anyone needing assistance regarding their health and safety and that managers personally connect their clients with the County of San Diego Aging and Independence Services and the City of Carlsbad Housing Office, where appropriate. These requests are made by many Lakeshore Gardens residents in the form of a signed petition. GPA 16-02 – 2017 HOUSING ELEMENT UPDATE February 15, 2017 Page 7 In reply, the first part of this comment is responded to in Section 10.1, which states Carlsbad does not have “zones designated as affordable housing” and proposes no programs recommending any kind of rent control. However, the Housing Plan (Sections 10.6 and 10.7) identifies goals, policies and programs to not only develop but also preserve affordable housing; specifically, see Program 1.2: Mobile Home Park Preservation. The comment’s second part regards requiring managers of affordable housing properties to provide resource referrals. Staff notes that Lakeshore Gardens is not an affordable housing property. Further, we do not recommend proposing such a requirement as it would be difficult to regulate and enforce. Additionally, while affordable housing property managers have an interest in ensuring persons and families with low incomes successfully find and occupy housing, they typically do not have the skills or means to provide resource referrals. Adequate means may require additional personnel and special funding. The city does make efforts to help address this latter concern by providing resource information to assist people in making decisions about agencies and organizations to contact. Additionally, the city periodically conducts trainings to assist market rate and/or affordable property managers. Trainings topics have included fair housing laws, first aid and mental health. G. Accomplishments Despite the loss of affordable rental units at Santa Fe Ranch, Carlsbad’s housing programs continue to assist in the production of housing affordable to all economic segments. Housing highlights from 2013 through April 30 of this year include the following:  Projects contributing to the city’s affordable housing stock and completed since 2013 include Tavarua (50 units) and Costa Pointe (nine units). Since passage of the Inclusionary Housing Ordinance in 1991, nearly 2,500 affordable units have been developed in Carlsbad.  In addition to those units already completed, development of more affordable housing continues. In 2015, the city approved 101 senior restricted, low-income units and 56 moderate income units in Robertson Ranch. In March 2016, 64 low income apartments were approved at the Preserve (formerly Quarry Creek). All of these units are now under construction.  Catholic Charities completed a 50-70 bed expansion of La Posada de Guadalupe, an existing 50-bed facility for farmworkers in 2013. A Community Development Block Grant and a $2 million grant from the city’s Agricultural Conversion Mitigation Fund helped fund the project. Additionally, the city’s funding grant stipulated that the farmworker portion of the shelter expansion be converted to accommodate homeless persons, including families, should agriculture in Carlsbad ever diminish to the point that farmworker housing is unnecessary.  Following a two-year trial period beginning in 2013, the ability to defer specified development impact fees was made a permanent developer option in 2015. This option can be an economic stimulator as it offers builders flexibility in how and when certain fees are paid.  Through development projects and vacant and underutilized parcels, the city continues to provide adequate housing sites at appropriate densities and for all economic segments consistent with its RHNA. GPA 16-02 – 2017 HOUSING ELEMENT UPDATE February 15, 2017 Page 8 Housing Element Appendix A outlines accomplishments achieved from 2013-3015 under the city’s various housing programs. III. ANALYSIS The 2017 Housing Element Update is consistent with state housing law and all Carlsbad regulatory and policy documents, including the other elements of the General Plan, the Growth Management Program, and the Local Coastal Program. A summary of the consistency analysis, contained in detail in the attached Planning Commission resolution, is provided below in Table 2. TABLE 2 – COMPLIANCE WITH REGULATORY AND POLICY DOCUMENTS STATE HOUSING LAW The 2017 Housing Element Update: a. Is necessary to ensures consistency with state housing law. b. Ensures the city will continue to provide all required and necessary affordable housing programs, policies and regulations. c. Maintains compliance with RHNA growth projections. Further, the 2017 Housing Element Update meets the statutory requirements of state housing element law as the State Department of Housing and Community Development has determined. GENERAL PLAN The 2017 Housing Element Update makes no substantive changes to the Housing Element or its housing plan adopted as part of the General Plan on September 22, 2015. It also makes no changes to existing land uses, land use patterns, or densities. Therefore, the update maintains consistency with the land use program approved as part of the General Plan on September 22, 2015, and by extension does not conflict with the goals and policies of the elements that have bearing on or are impacted by residential land uses, such as the Mobility Element, Open Space, Conservation, and Recreation Element, Public Safety Element, and Sustainability Element. GROWTH MANAGEMENT The 2017 Housing Element Update is consistent with the City's Growth Management Program in that it does not conflict with Growth Management dwelling unit limitations and performance standards to ensure public facilities and services keep pace with development; and is consistent with a purpose and intent of the Growth Management Program, which is to provide quality housing opportunities for all economic segments of the community and to balance the housing needs of the region against the public service needs of Carlsbad's residents and available fiscal and environmental resources. LOCAL COASTAL PROGRAM The 2017 Housing Element Update is consistent with the City's Local Coastal Program in that none of the proposed policies or programs allow for degradation of sensitive coastal resources, agriculture, or public views or access. The update also maintains a program intending to preserve and/or replace affordable housing within the Coastal Zone, as required by state law. GPA 16-02 – 2017 HOUSING ELEMENT UPDATE February 15, 2017 Page 9 IV. ENVIRONMENTAL REVIEW As part of its approval of the Comprehensive General Plan Update on September 22, 2015, the City Council adopted City Council Resolution 2015-242, certifying Environmental Impact Report EIR 13-02 and adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. The proposed update to the Housing Element is within the scope of the prior environmental review documents, and no further environmental documentation is required per CEQA Guideline Section 15162. ATTACHMENTS: 1. Planning Commission Resolution No. 7228 2. December 20, 2016 State Department of Housing and Community Development letter of compliance 3. Correspondence submitted in response to the September 22, 2016 Housing Commission workshop a. September 15, 2016 email from Mariana Cisneros and staff’s response b. September 21, 2016 letter from Mark Irving c. September 22, 2016 email and petition from Robin Ferencz Kotfica 4. Correspondence submitted in response to the 30-day public review period of the draft 2017 Housing Element Update a. December 2, 2016 email and letter from Jean Diaz b. December 8, 2016 email, comments, and petition from Robin Ferencz Kotfica Mr. Don Neu, Planning Director Page 2 disadvantaged communities (unincorporated island or fringe communities within spheres of influence areas or isolated long established legacy communities) based on available data, including, but not limited to, data and analysis applicable to spheres of influence areas pursuant to GC Section 56430. Additional information can be obtained from these two Technical Advisories issued by the Governor's Office of Planning and Research at: http://opr.ca.gov/docs/SB244 Technical Advisorv.pdf http://opr.ca.gov/docs/Final 6.26.15.pdf. Also, on January 6, 2016, HCD released a Notice of Funding Availability (NOFA) for the Mobilehome Park Rehabilitation and Resident Ownership Program (MPRROP). This program replaces the former Mobilehome Park Resident Ownership Program (MPROP) and allows expanded uses of funds. The purposes of this new program are to loan funds to facilitate converting mobilehome park ownership to park residents or a qualified nonprofit corporation, and assist with repairs or accessibility upgrades meeting specified criteria. This program supports housing element goals such as encouraging a variety of housing types, preserving affordable housing, and assisting mobilehome owners, particularly those with lower-incomes. Applications are accepted over the counter beginning March 2, 2016 through March 1, 2017. Further information is available on the Department's website at: http://www.hcd.ca.gov/financial-assistance/mobilehome-park-rehabilitation-resident., ownership-program/index.html . The Department appreciates the hard work and dedication Mr. Donnell and Mr. de Cordova provided in preparation of the housing element and looks forward to receiving Carlsbad's adopted housing element. If you have any questions or need additional technical assistance, please contact Robin Huntley, of our staff, at (916) 263-7422. ~A~ Glen A. Campara Assistant Deputy Director From:Scott Donnell To:"Mariani Cisneros Via Dropbox" Subject:RE: Housing Date:Monday, September 19, 2016 11:34:00 AM Hello,   Senior housing and the city’s aging population are topics that are discussed in the housing element.  There is a program in the approved housing element (Program 3.10) specifically about senior  housing; it specifically calls for the construction of at least 50 units of senior low-income housing  between 2013 and 2020.     Along those lines, we do have two senior projects that were approved in 2015 and 2016 in the  Robertson Ranch master planned community. One features 101 apartments that are rent-restricted  to low income individuals; it is now under construction. The other has 98 units with 20 of the units  rent-restricted. It is along the south side of Cannon Road but is not under construction.   We’ve also approved Dos Colinas, a large senior project near Rancho Carlsbad mobilehome park. It is  an “age in place” project similar to but not as big as La Costa Glen. Though approved quite some  time ago,  there is no start date for Dos Colinas’ construction. It too will have market rate and  income restricted apartments.   Thank you for your interest.   Scott Donnell Senior Planner 1635 Faraday Avenue Carlsbad, CA  92008-7314 www.carlsbadca.gov   760-602-4618 | 760-602-8560 fax | scott.donnell@carlsbadca.gov   From: Mariani Cisneros Via Dropbox [mailto:]  Sent: Thursday, September 15, 2016 10:27 AM To: Scott Donnell <Scott.Donnell@carlsbadca.gov> Subject: Housing I got and email informing me about the Housing Element Update. I'm hoping the discussion about 55 and older housing comes up or maybe is already a topic you guys are going to address. Please keep me informed about that. I'm really looking forward to stay in Carlsbad but we need an increase in affordable and smaller houses in the area for active adults. I recently visited Del Sur and they are building an Active Adult community and is beautiful. It's not too affordable by any means but the concept is amazing. Thank you so much for your attention, Mariani Cisneros Carlsbad resident September 21, 2016 Mr. Scott Donnell Senior Planner C_ity of Carlsbad 1635 Faraday Avenue Carlsbad, CA 920Q8 Re: Housing Element Update Elimination of Housing Quadrants Dear Scott: UHC, COMMUNITIES As a resident of Carlsbad and a developer of affordable housing, I would be supportive~ of the elimination of the housing quadrant requirements related to development of inclusionary affordable housing. I believe that the aoility to develop inclusionary affordable housing throughout Carlsbad would result in a greater number of affordable units built and the units buiit sooner than they otherwise would be developed within a market rate project.. The opportunity cost to develop inclusionary affordable housing often exceeds the effective cost to develop nearly twice as many units on alternative sites. This is particularly true in the Southwest Quadrant w.here a few larger projec~s are currently proposed. In this quadrant, the alternative sites are for the most part, non-existent, typically between industrial buildings. The ability to apply funds throughout the City would allow the consolidation of' inclusionary ~ requirements to larger and more efficient projects. The ability t~ develop affordable housing throughout the city will motivation market rate -developers to address their affordable requirements sooner. In part, there will be a fear of missing out, as well as the desire and ability to more economically fulfill their affordable requirements in other areas. . Allowing for the development of inclusionary affordable housing requirements throughout Carlsbad instead of within specific quadrants would result in more affordable units that would be developed sooner than the number of inclusionary units would otherwise be developed within a market rate project. I would be in support ?f elimination of the hous!ng quadrant _requirement. Thank you,_ Jd!:o Mark Irv!ng Carlsbad, CA 92011 Director of Land Planning . uhcllc.net 2000 E. Fourth Street, Suite #205 Santa Ana, CA 92705 tel 714.835.3955 fax 714.835.3275 From:Robin Ferencz Kotfica To:Scott Donnell Cc:Jessica Padilla Bowen Subject:Housing element plan discussion Date:Thursday, September 22, 2016 4:14:35 PM Attachments:Housing Commission request 9-22-16.pdf Dear Scott Donnell and Jessica Padilla Bowen, Many of us are concerned that affordable housing may become unaffordable for seniors who are living there. Please see the attached file with some of our concerns we hope you may be able to handle at no cost to the City of Carlsbad. Please share them with others as appropriate. Hope to see you at the meeting tonight. Thanks for your help. Sincerely, Robin Ferencz Kotfica Carlsbad, CA 92011 The Housing Commission has invited public comment regarding the housing element update for the housing plan for 2017–2021 and we thank you for that. The residents of Lakeshore Gardens Mobile Home Park, a senior community, has concerns about the future. We would like the Housing Commission to consider our views. In order to conserve existing affordable housing, the City of Carlsbad should make a reasonable effort to assist those for whom affordable housing alternatives were established. This effort should include establishing a rule whereby the rents for seniors, disabled, low income families and others living in zones designated as affordable housing may not be increased by landlords arbitrarily, but should be limited to Consumer Price Index increases, unless an additional need for increase in rent is demonstrated. This rule should be included in the housing element. Also, if landlords fail to comply with this reasonable request, those properties designated as affordable housing should be subject to eminent domain takeover by the City, and the management of those properties should be subsequently supervised by the City of Carlsbad's Department of Housing and Neighborhood Services. In the interest of preserving the health and safety of the "protected" classes of people living in affordable housing, managers of affordable housing properties should be required to provide resource referrals to anyone needing assistance regarding their health and safety. They should personally connect their clients with the County of San Diego Aging and Independence Services 800-510-2020 and the City of Carlsbad Housing Office 760-434-2810, where appropriate. Thank you for your consideration. From:Jean Diaz, Executive Director To:Scott Donnell Subject:Comments on Draft Housing Element Date:Friday, December 02, 2016 4:46:21 PM Attachments:Draft CLT Housing Element Language.pdf Hello Scott. I am the Executive Director for the San Diego Community Land Trust. We have met with housing staff some time ago but I’m not sure that you know about community land trusts and the important role that they can play in providing permanently affordable ownership opportunities for low and moderate income families. Attached is a paper providing some background and suggested language for inclusion into Housing Elements. Affordable home ownership is virtually impossible for families even earning up to 120% of area median income and that is our target. We currently have two projects: 9 3 bedroom attached homes in Lemon Grove and 16 3 and 4 bedroom homes in San Diego. The homes will be priced to be affordable to families earning from 80% to 120% of San Diego Area Median Income. I would love to answer any questions you may have. Jean Diaz, Executive Director 10620 Treena Street, Suite 230 San Diego, CA 92131 858-375-8947 jeandiaz@sdclt.org 1 Draft Housing Element Language Adding the Community Land Trust Model to First Time Homebuyer Options by San Diego Community Land Trust First-time Homebuyer Programs for Low and Moderate Income Households Cities and counties in California have traditionally enabled low and moderate income households to purchase their first homes using the Mortgage Credit Certificate Program and providing silent second home loans that are re-paid when the home sells. Some cities have also required market-rate homebuilders to sell a percentage of their developments to low & moderate income homeowners. This document proposes to add an additional program that cities can use to meet their home ownership goals: the Community Land Trust model of home ownership. How a Community Land Trust Works A community land trust is a nonprofit organization formed to hold title to land to preserve its long- term availability for affordable housing and other community uses. A land trust typically receives public or private donations of land or uses government subsidies to purchase land on which housing can be built.1 The homes are sold to lower-income families, but the CLT retains ownership of the land and provides long-term ground leases to homebuyers. The CLT also retains a long-term option to repurchase the homes at a formula-driven price when homeowners later decide to move. The “classic” CLT balances the multiple interests of homeowners, neighborhood residents, and the city as a whole in serving as the steward for an expanding stock of permanently affordable, owner- occupied housing. Homeowners leasing and living on the CLT’s land (leaseholder representatives), residents of the CLT’s service area (general representatives), and individuals representing the public interest (which may include municipal officials) each make up a third of a typical board of directors. This tripartite structure ensures that different land-based interests will be heard, with no single set of interests allowed to dominate. On an operational level, CLTs take on a range of responsibilities for developing and stewarding their lands. Some focus on creating only homeownership units, while others take advantage of the model’s flexibility to develop rental housing, mobile home parks, commercial space, and other community facilities. Most CLTs initiate and oversee development projects with their own staff, but others confine their efforts to assembling land and preserving the affordability of any buildings located upon it. In their capacity as stewards, CLTs provide the oversight necessary to ensure that subsidized units remain affordable, that occupants are income-eligible, and that units are kept in good repair. Because they retain permanent ownership of the land under housing and other structural improvements, CLTs are closely connected to the homes and to the households that live in them. And as the landowner, 1 See the Lincoln Institute Policy Report “The City-CLT Partnership: Municipal Support for Community Land Trusts”, June 2008, available for download: http://www.lincolninst.edu/pubs/1395_The-City-CLT-Partnership. 2 the CLT collects a modest monthly ground lease from every homeowner, allowing the CLT to monitor its assets, protect its investment, and support residents who experience financial difficulties. Although specific stewardship roles differ from one community to the next, nearly every CLT performs the following tasks: • assembling and managing land; • ensuring that owner-occupied homes remain affordably priced; • marketing the homes through a fair and transparent process; • educating prospective buyers about the rights and responsibilities of owning a resale- restricted home; • selecting income-eligible buyers for the homes; • monitoring and enforcing homeowner compliance with contractual controls over the occupancy, subletting, financing, repair, and improvement of their homes; • verifying that homeowners maintain property insurance and pay all taxes; • managing resales to ensure that homes are transferred to other income-eligible households for no more than the formula-determined price; and • intervening in cases of a homeowner’s mortgage default. At least one California City has included this model in their most recent housing element. The City of Petaluma has identified that the Housing Land Trust of Sonoma County will be the primary means that they achieve their home ownership goals. Proposed Housing Element Policy/Program Language The following language can be used as a model for each jurisdiction to add to their housing element. The city shall encourage the use of community land trusts (San Diego Community Land Trust) for first time homebuyers in the following manner: 1. Donate city-owned residential property for the development and/or rehabilitation and sale of homes for first-time homebuyers with a ground lease held by the community land trust. 2. Grant local, state or federal funds designated for first-time homebuyer subsidy to the CLT to acquire homes to be sold to first-time homebuyers with a ground lease held by the community land trust. 3. Encourage market rate developers that have an inclusionary requirement to partner with a community land trust to develop, market and steward the for sale units required by the inclusionary ordinance with a ground lease held by the community land trust. 4. Provide grants or contracts to the community land trust to improve the capacity of the land trust to develop and provide the ongoing stewardship of the land trust properties. 5. Consider contracting with the community land trust to monitor compliance of all outstanding city first-time homebuyer loans and other agreements with long term affordability requirements that are enforceable by the city. From:Robin Ferencz-Kotfica To:Scott Donnell Cc:Wilmot Barb; Debbie Fountain Subject:Comments on Draft Housing element plan Date:Thursday, December 08, 2016 7:14:16 AM Attachments:Comments on the Draft Element.docHousing Commission request 9-22-16.pdf Subject: Re: Comments on Housing element plan Dear Scott Donnell, Our Lakeshore Gardens Residents Association has reviewed the attached Comments on the Draft Housing Element plan and would like it included in the public responses to it. I also attached our original appeal at the discussion meeting including many signatures. Thank you for your help. Sincerely, Robin Ferencz Kotfica Carlsbad, CA 92011 760-431-2093 -----Original Message----- From: Scott Donnell Sent: Thursday, November 10, 2016 2:37 PM To: Robin Ferencz Kotfica Subject: RE: Housing element plan discussion Hello Ms. Ferencz Kotfica, I'm writing to let you know the draft housing element has been released and is available for review at city facilities such as the libraries and online at http://www.carlsbadca.gov/services/depts/planning/housingelementupdate.asp. Next week, you will receive a notice in the mail about the release. Comments on the draft element are being collected through December 15. On pages 10-11 and 10-12 of the element, city staff has provided brief responses to the items raised at the September 22 Housing Commission meeting, including a response to your comment about the city making a reasonable effort to assist those living in zones designated for affordable housing. Thank you. Scott Donnell Senior Planner 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov Comments on the Draft Element On pages 10-11 and 10-12 of the element, city staff has provided brief responses to the items raised at the September 22, 2016 Housing Commission meeting, including a response to comments about the city making a reasonable effort to assist those living in zones designated for affordable housing. The Draft included the following regarding Public Participation 2016-2017 on page 10-11. • The request (from a mobile home park resident) that Carlsbad make a reasonable effort to assist those living in zones designated as affordable housing, such as by establishing rules limiting rent increases. Reply: Carlsbad does not have “zones designated as affordable housing” and proposes no programs recommending any kind of rent control. However, the Housing Plan (Sections 10.6 and 10.7) identifies goals, policies and programs to not only develop but also preserve affordable housing; specifically, see Program 1.2: Mobile Home Park Preservation. The request from a mobile home park resident was accompanied by a letter signed by 66 other Carlsbad residents and included a request to consider helping to preserve the health and safety of the "protected" classes of people living in affordable housing. A recommendation was made to require managers of affordable housing properties to provide resource referrals to anyone needing assistance regarding their health and safety. It is recommended that managers should personally connect their clients with the County of San Diego Aging and Independence Services 800-510-2020 and the City of Carlsbad Housing Office 760-434-2810, where appropriate. This portion of the public comments made was not responded to by the City of Carlsbad. Comments and assistance to legislate this new procedure would be welcomed. The Housing Commission has invited public comment regarding the housing element update for the housing plan for 2017–2021 and we thank you for that. The residents of Lakeshore Gardens Mobile Home Park, a senior community, has concerns about the future. We would like the Housing Commission to consider our views. In order to conserve existing affordable housing, the City of Carlsbad should make a reasonable effort to assist those for whom affordable housing alternatives were established. This effort should include establishing a rule whereby the rents for seniors, disabled, low income families and others living in zones designated as affordable housing may not be increased by landlords arbitrarily, but should be limited to Consumer Price Index increases, unless an additional need for increase in rent is demonstrated. This rule should be included in the housing element. Also, if landlords fail to comply with this reasonable request, those properties designated as affordable housing should be subject to eminent domain takeover by the City, and the management of those properties should be subsequently supervised by the City of Carlsbad's Department of Housing and Neighborhood Services. In the interest of preserving the health and safety of the "protected" classes of people living in affordable housing, managers of affordable housing properties should be required to provide resource referrals to anyone needing assistance regarding their health and safety. They should personally connect their clients with the County of San Diego Aging and Independence Services 800-510-2020 and the City of Carlsbad Housing Office 760-434-2810, where appropriate. Thank you for your consideration.