HomeMy WebLinkAbout2021-03-04; Housing Commission; Resolution 2021-003RESOLUTION NO. 2021-003
A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE GENERAL PLAN TO ADOPT AN UPDATE OF THE
HOUSING ELEMENT FOR THE 2021-2029 HOUSING CYCLE AS
REQUIRED BY THE CALIFORNIA GOVERNMENT CODE.
CASE NAME: HOUSING ELEMENT UPDATE 2021-2029
CASE NO: GPA 2019-0003 (PUB 2019-0009)
WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application with
the City of Carlsbad to adopt a General Plan Amendment for Housing Element Update 2021-2029
(GPA 2019-0003), a document that provides a citywide housing plan for the sixth housing cycle;
and
WHEREAS, the city submitted the Housing Element Update 2021-2029 document to
the California Department of Housing and Community Development (HCD) for initial review as
required by state law, and will continue to work with the state to ensure full statutory compliance
with housing element law; and
WHEREAS, the public outreach for the sixth cycle Housing Element update process
occurred during the COVID-19 pandemic and restrictions on public gatherings prevented the city
from holding traditional public workshops; instead, \he city conducted outreach through a
number of methods. The city utilized online engagement tools, including a community survey,
newsletters, live streamed citizen advisory committee meetings and on line documents to provide
opportunities for the community to share their feedback on housing in general and the Housing
Element Update 2021-2029; and
WHEREAS, public outreach efforts included (1) a City Council-appointed citizens
advisory committee (Housing Element Advisory Committee, or HEAC) to guide Housing Element
Exhibit 4
NOTE:
Exhibit “A” to Housing Commission Resolution 2021-003 is on
file with the City Clerk and available on the city’s website at
https://cityadmin.carlsbadca.gov/civicax/filebank/blobdload.as
px?BlobID=46871.
Community Development
Housing Services 1200 Carlsbad Village Drive Carlsbad, CA 92008 760-434-2810 t
ERRATA SHEET FOR HOUSING COMMISSION AGENDA ITEM #1
Memorandum
Mar. 4, 2021
To: Housing Commission
From: Scott Donnell, Senior Planner
Via David de Cordova, Housing Services Manager
Re: Errata Sheet for Agenda Item #1 – Housing Element Update
On Feb. 22, 2021, the city received California Department of Housing & Community
Development’s (HCD) preliminary comments on the current draft Housing Element Update
(Attachment 1). HCD stated that the draft Housing Element complies with many of the
requirements, but includes 15 comments requesting revisions to be compliant with the
statutory requirements of State Housing Element Law (Article 10.6 of California Government
Code). Since receipt of this letter
The purpose of this errata memorandum is to provide that letter, analysis and revisions based
upon the comments for consideration by the Housing Commission. Table 1 below includes the
15 comments, analysis and proposed revisions to accommodate, and the page number where
they can be found in the draft Housing Element. Attachment 2 includes strikeout and underline
revisions to the draft Housing Element associated with those changes.
Furthermore, on Feb. 23, 2021, the city received a second HCD letter. This subsequent letter
(Attachment 3) opines on the enforceability of the city’s Growth Management Program’s
dwelling unit caps and states “HCD finds that the city’s growth cap provisions to be
impermissible...” under state housing law. The letter further notes “HCD’s opinion is based on
the mandatory criteria established by the Legislature with the passage of SB 330 in 2019, also
known as the Housing Crisis Act of 2019...” Staff’s response to the letter is provided in the
discussion to HCD Comment 6 in the table below.
TABLE 1 – ANALYSIS AND PROPOSED REVISIONS (IF ANY) TO RESPOND TO HCD COMMENTS
# Analysis and Proposed Revisions Page
Number
1
Comment states that the element does not address Affirmatively Furthering Fair Housing
(AFFH) requirements, and that the element must identify sites throughout the community to
foster inclusive communities and affirmatively further fair housing.
Relative to AFFH in general, the element does contain an evaluation of fair housing in the
community throughout the document. HCDs comment letter does provide comments on
10.7.1
(10-
219)
Exhibit B
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specific enhancements to the AFFH discussion under Comments 13 and 14. Please see these
comments for proposed changes.
Regarding the distribution of housing in the community, the city, as part of this element, has
identified all parcels that could be used to support housing, including sites that support high
density housing. Using the city’s growth management plan quadrants as a guide for
distribution, Figure 10-23 illustrates the key housing sites that are planned for redesignation
to support higher density housing. This map shows that there are sites includes in all four
quadrants of the city, showing support for further geographic distribution of higher density
housing in the community. It is acknowledged that there are no new sites identified in the
far southern edges of the community. This is related to a combination of factors, including
environmental constraints (flood zones and steep slopes, and protected open space areas)
and the lack of undeveloped land of adequate size for such developments.
Relative to geographic disbursement, it is also key to look at the city’s Inclusionary Housing
Ordinance. Under this ordinance, developers of small projects with no more than six units
have the option to pay a fee in lieu of providing on-site affordable units. Over six units,
develops must include 15 percent of housing as affordable and to maintain that affordability
for a period of 55 years. The city’s Inclusionary Housing Ordinance is responsible for
producing 1,708 of Carlsbad’s affordable housing units, and these units have been
distributed throughout the community as part of new developments. Under this program,
housing for lower-income families, have successfully been distributed throughout the city,
and this will continue with new developments throughout the community.
2
Comment states that element must include analysis and programs related to the
accommodation of homeless populations and shelters, including site and operation
characteristics such as parking. The element on page 10-167 identifies that shelters will
require consideration of industrial uses. These comments were made in an abundance of
caution for industrial sites and are general in nature. Carlsbad does have industrial sites
designated in the P-M or M zones that are primarily light industrial in nature. Some of these
industrial areas are planned communities that prohibit heavy industrial that would be
inconsistent with housing or homeless shelters. Sites identified as potential emergency
shelter locations are vacant and flat, range in size from about 2 to 7 acres, and are scattered
about the city’s business parks. So, there are numerous other locations that a facility could
consider if another site is found to have an issue. Further, along with compliance with
federal, state, and local regulations regarding the handling, storage, use and transport of
hazardous materials, a General Plan policy places a high priority on ensuring compatibility of
residential and non-residential uses such as through buffering and transitional methods
(Land Use and Community Design Element Policy 2-P.41). Lastly, there is an included
program requiring that any facilities are not placed in areas that are suitable for single-family
housing:
Program 2.13: Housing for Persons Experiencing Homelessness, Objective k. Facilities
for persons experiencing homelessness, both temporary and long-term, shall not be
placed in environments that would not be suitable for single-family housing.
2.13
(10-
255)
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Emergency shelter parking requirements are determined by the city based on shelter
operating characteristics such as number of employees and beds as well as service
deliveries. La Posada de Guadalupe, a 110-bed shelter in the M Zone, features 10 parking
spaces. This is less parking than would be required for a comparable industrial building of
similar size (approximately 13,800 square feet). Nevertheless, objective g. of Program 2.13
requires emergency shelter provisions to comply with recent state law changes, which may
affect parking or other requirements.
3
Program 2.13: Housing for Persons Experiencing Homelessness, was revised as part of
previous revisions to state compliance with all state laws based on previous conversations
with HCD that the parking requirements need to be amended within the Zoning Code.
Comment requests this be clearly indicated. Program 2.13: Objective h revised to specifically
reference SB 1371 Government Code 65651. Related to Comment 12.
h. Review the low barrier navigation centers, emergency shelters, and supportive
housing provisions to comply with recent changes to state law (Including SB 1371
[Gov. Code 65651] and [Gov. Code 65583{c)(3)] ) and amend the zoning ordinance
and other documents as necessary to comply.
2.13
(10-
254)
4 Comment requests an electronic sites inventory. This comment is noted and will be
submitted when adopted.
N/A
5
The city's density bonus regulations (Municipal Code Chapter 21.86) incorporate all recent
changes to state density bonus law (as of October 2020). The most recent changes passed by
the city in September last year are pending Coastal Commission review. Thus, regulations as
approved by the city already comply with the Government Code Section 65915(f), which
defines density bonus as a density increase over the maximum allowable gross density (e.g.
not discounting for easements, slopes or other environmentally constrained areas).
Furthermore, the city proposes new objective to Program 1.1:
Objective n. Evaluate and revise as appropriate the determination of density (density
definition) for non-density bonus projects (pursuant to CMC 21.53.230) to ensure no
constraints on the ability to achieve the maximum of the applicable density range.
This evaluation will include a report to the Planning Commission explaining the
potential constraint and recommending any necessary amendments by April 2023.
10-182
1.1 (10-
215)
2.3 (10-
241)
6
Growth Management Program. Comment states that the City must immediately suspend
any limits on the number of land use approvals or permits involving housing development
projects, including housing caps, moratorium and requiring unit allocations.
Revisions to Program 2.2 were made to clarify that the program will Propose Replacement or
Modification to Growth Management Plan (GMP). The city has already adopted preemption
findings related to the city’s moratorium regulations, as outlined in Resolution Nos. 2020-
104, 2020-105, 2020-106, and 2020-208. More specifically, “The city finds that Gov. Code §
65863{a) (SB 166 [2017]) and Gov. Code § 66300{b)(l)(B)(i) (SB 330 [2019]) preempt the city
from implementing a moratorium pursuant to Carlsbad Municipal Code §§ 21.90.080 and
21.90.130 and GMP regulations.” The remaining suspension will be addressed by the City per
this letter. This is included as Attachment 2 to this errata memo.
2.2 (10-
239)
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7
The comment references the sections of Municipal Code: Title 19 Zoning Code that speaks to
the process for Affordable housing multi-family residential projects—Site development plan
required (21.53.120). This section explains existing processes, including authority the
Planning Commission and City Council have approving projects. While it is not known to be a
constraint based on inquires with city staff and project history, a program has been added to
the Housing Element to evaluate and remove or modify this requirement to avoid changes to
standards, reductions in density, and promote approval certainty in the process.
Furthermore, the city proposes new objective to Program 1.6:
Objective g: Evaluate and recommend changes to guidance for Site Development
Plans, the Planning Commission and City Council related to all housing projects.
Amend requirements for affordable housing requirements.
10-187
1.6 (10-
231)
8
Comment makes reference to requirements related to residential care facilities. This was
evaluated during previous revisions and Program 1.3 Alternative Housing, Objective g was
added to address this requirement and update the parking standard: “Review and amend
the Carlsbad Zoning Ordinance to review and amend definitions and allowances of uses for
Employee Housing, Residential care facilities, Group Homes and/or Boardinghouses to be
consistent with California Law, including but not limited to Health and Safety Code Sections
17021.5 and 17021.6.”
Based on clarification and conversations with the state on the Health and Safety Code
Section 17021.5 requiring these areas to be allowed for six or fewer residents, the city is in
compliance except for some parking standards. However, based on that clarification the
program is revised to include an evaluation of if those for seven or more residents are a
constraint to housing:
Revised Program 1.3: Objective g: Review and amend the Carlsbad Zoning Ordinance
to review and amend definitions and allowances of uses for the definition of family,
Employee Housing, Residential care facilities, Group Homes and/or Boardinghouses
to review regulations to be consistent with California Law, for six or fewer residents
including but not limited to Health and Safety Code Sections 17021.5 and 17021.6.
Additionally, review and revise, as appropriate, requirements to allow group homes
and residential care facilities in all residential zones for seven or more residents and
ensure no constraint to housing for persons with disabilities.
1.3 (10-
228)
9
Requested program revisions to have discrete timeframes in the following programs.
Programs revised as follows:
• 1.5 (Flexibility in Development Standards) – Previously listed as ongoing. Clarified
that this will be an annual review as part of the Annual Progress Report,
• 1.8 (Mixed Use) – Clarify that this will be part of a Semi-Annual Zoning Code Update
Review starting in Dec. 2023.
• 2.4 (City Initiated Development) – Objective c. is revised from ongoing to Dec. 2024,
and objective d. is revised from Dec. 2023 to Dec. 2024. Objective e. is revised from
ongoing for all years to Dec. 2024 and then ongoing for subsequent years. These
changes are made to be consistent with time frames and content of Program 1.1,
1.5 (10-
230)
1.8 (10-
233)
2.4 (10-
242)
2.5 (10-
245)
2.9 (10-
249)
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objective e. (amend city’s Real Estate Strategic Plan, Apr. 2024) and objective f.
(promote residential development of city-owned sites, Dec. 2024);
• 2.5 (Land Banking) – Both objectives previously listed as ongoing. Program objective
a. will be changed to annual so its implementation can be considered as part of the
Annual Progress Report; objective c. will remain ongoing to reflect that public-
private partnerships are often initiated by the private sector and may occur at any
time; and
• 2.9 (Assistance for Special Needs Populations) - Previously listed as ongoing.
Clarified that this will be an annual review as part of the Annual Progress Report and
the Semi-Annual Zoning Code Update Review starting in Dec. 2023.
10
The city has not committed to re-designate city-owned properties to help meet its Regional
Housing Needs Allocation. Should this occur, programs are in place already to promote their
residential development, actively work with development partners, and use the city’s
ownership as leverage to negotiate a higher percentage of lower income units than would be
required under current city code. Should the sites not be used for Regional Housing Needs
Allocation, Programs 1.1 and 2.4 will still be evaluated for residential use and be made
available if appropriate. Following that evaluation the schedule for development, outreach,
providing financial contributions (land, funding, etc.) will be finalized during the objective
time period. See Programs 1.1 and 2.4 for additional information.
1.1 (10-
215)
2.4 (10-
242)
11
Comment previously requested that copies of the housing element be sent to all water
providers through addition of Objectives l and m in Program 1.1 Provide Adequate Sites to
Accommodate the RHNA. Existing Housing Element has two programs to reference. This
requirement; (1) page 10-203 states "Pursuant to State law, water and sewer providers must
grant priority for service allocations to proposed developments that include housing units
affordable to lower-income households." (2) page 10-238 includes, Policy 10-P.19
"Consistent with State law, provide affordable housing development with priority for
receiving water and sewer services when capacity and supply of such services become an
issue.”
To respond directly to the comment and since the City of Carlsbad City Council serves as the
Board of Directors for the Carlsbad Municipal Water District, the following new objective is
recommended to be added to Program 1.1:
Objective o: Establish written procedures to grant priority to developments with
units affordable to lower-income households if availability of sewer service is
limited.
1.1 (10-
225)
12
Comment repeats findings in A2 to provide housing for persons with disabilities in all zones
where multifamily and mixed uses are permitted. Analysis expanded on page 10-42 and 10-
165. The City made amendments to implement AB 101 and AB 2162 in 2014 and established
a by-right process for transitional and permanent supportive housing in the zones listed in
Table 10-34 (Page 10-161). Based on updated analysis additional changes are required and
included in Program 2.13: Objective h modified as follows:
Objective h. Review the low barrier navigation centers, emergency shelters, and
supportive housing provisions to comply with recent changes to state law (Including
10-42
2.13
(10-
254)
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SB 1371 [Gov. Code 65651] and [Gov. Code 65583{c)(3)] ) and amend the zoning
ordinance and other documents as necessary to comply.
13
In addition to identifying 10 statewide impediments to fair housing choice, Section 10.2.6
also lists both regional and Carlsbad-specific impediments. Contributing factors to these
impediments can be in several different forms. The following list provides further analysis at
the local level of three factors that can contribute to impediments and how the Housing
Element identifies solutions to address them.
Outreach – contributing factor
• Lack of language access – According to the Census, approximately 13.9% of the city’s
population identified as Hispanic. This has implications for accessing information,
which may be overlooked or misunderstood if not provided in a language that
residents are fluent in.
• Solution - Although most Carlsbad residents speak and understand English fluently,
in some areas, over 10 percent of residents have trouble with English fluency.
Program 4.1 addresses the need to provide housing information in Spanish and to
provide training and outreach to community-based organizations to affirmatively
further fair housing practices. Further, the Carlsbad City Library Learning Center
provides a Spanish/English and bilingual library collection for all ages and provides
literacy tutoring in Spanish. The Learning Center is convenient to the Barrio, where
most of the city’s Hispanic population resides. Furthermore, the city contains
policies and a program specifically on community engagement on housing resources
(see Section 10.7.5). Policy 10-P.36 gets to the heart of the matter by calling on the
city to “collaborate with community-based organizations and partners to build and
strengthen historically marginalized communities’ capacity to participate in local
planning, governmental affairs, and policy decision-making through which they can
advocate for equitable, diverse, and just actions, especially as it relates to the
provision and access to fair and affordable housing.”
Segregation and Integration – contributing factor
• Location and type of affordable housing – The location of affordable housing is key
to overcoming potential patterns of segregation, promoting fair housing choice, and
providing access to opportunities, including education, recreation, and employment.
While Carlsbad shares constraints with neighboring jurisdictions in terms of high
land prices due to its coastal location and favorable climate, other aspects unique to
the city can limit affordable housing. For example, federal regulations related to the
operation of McClellan-Palomar Airport restrict or prohibit residential development
in a large area of the city surrounding the airport. In turn, these limitations
contribute to a significant amount of non-residential land; the Carlsbad Palomar
Airport area ranks as the fifth largest employment center in San Diego County, and
combined with two other employment centers in Carlsbad, Carlsbad has the most
employment centers and employees among the cities in North San Diego County.
This creates a high jobs to housing ratio, impacts price of land and housing in
proximity to those jobs, and, while this creates a need for housing, creation of
10-65
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affordable homes, without government intervention, has been difficult to achieve.
Furthermore, much of the city is set aside as permanent open space to protect
sensitive habitat and lagoons, which adds to the city’s desirability and, at the same
time, land values.
• Solution – Despite apparent limitations, through its inclusionary requirements, the
city has successfully produced over 2,000 affordable housing units throughout
Carlsbad, including coastal locations west of Interstate 5 and near the city’s
employment center. The city has also successfully leveraged its Affordable Housing
Trust Fund to support completion of non-inclusionary affordable units. These
affordable units provide a diversity of housing types – apartments, condominiums,
and accessory dwelling units – in 100 percent affordable and mixed income projects
throughout Carlsbad as evidenced by figures 10-1 and 10-21. Program 1.1 does not
commit the city to any particular property to meet its RHNA share, the location of
potential sites identified (Figure 10-23) does demonstrate the city’s commitment to
provide housing, including affordable housing, throughout Carlsbad. Integration of a
variety of housing types, tenures, and affordability in a variety of locations will
continue through implementation of policies and programs, including:
o Policy 10-P.7: Encourage distribution of development of affordable housing
throughout the city to avoid over concentration in a particular area,
excluding areas lacking necessary infrastructure or services.
o Goal 10-G.2: Sufficient new, affordable housing opportunities in all
quadrants of the city to meet the needs of current lower- and moderate-
income households and those with special needs, and a fair share proportion
of future lower- and moderate-income households.
o Program 1.1: Provide adequate sites to accommodate the RHNA
o Program 2.1: Inclusionary Housing Program (continued implementation)
o Program 2.6: Housing Trust Fund (continued implementation)
Community Opposition – contributing factor
• Issue – Similar to many communities, change can add an unknown that is often
perceived as a threat to the qualities of a neighborhood. This change can often be
associated with adding housing at higher densities into areas that have
predominantly been developed for single family homes.
• Solution – Carlsbad has a long history of housing integration that is attributable to
the city’s Inclusionary Housing Ordinance. Under this ordinance, developers of small
projects with no more than six units have the option to pay a fee in lieu of providing
on-site affordable units. Over six units, develops must include 15 percent of housing
as affordable and to maintain that affordability for a period of 55 years. The city’s
Inclusionary Housing Ordinance is responsible for producing 1,708 of Carlsbad’s
affordable housing units. Under this program, housing for lower-income families,
have successfully been developed and distributed throughout the city. This
familiarity with successful housing mixes goes a long way to helping to offset
community opposition. But, opposition still occurs due to the concern of change.
Program 4.2 discusses actions to enhance community information and
understanding of fair housing provisions. Program 4.3 provides actions designed to
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reduce housing segregation. Section 10.7.5 contains Goal 10-G.5 concerning the
promotion of meaningful dialogue and collaboration to enhance community
engagement and acceptance of change as a positive component of Carlsbad.
14
This comment calls out three actions for the Housing Element to discuss. The three actions
and how they are currently or proposed to be addressed in the Housing Element are
provided below:
• Enhance housing mobility strategies – Under the existing Section 8 tenant-based
Rental Housing Assistance Program, those on a housing waitlist may transfer their
housing application from one San Diego jurisdiction to Carlsbad if an applicant lives
or works in Carlsbad. Further, prioritization is given to vulnerable groups like the
homeless.
• Encourage development of new affordable housing in areas of opportunity – The
goals, policies, and programs outlined under “Housing Opportunities” (i.e., Goal
10.G-1, Policies 10-P.1 go 10-P.12 emphasize and encourage new affordable housing
throughout Carlsbad and discourage its over-concentration in a particular area.
• Placed-based strategies to encourage community revitalization, including protecting
existing residents from displacement – Program 4.3 calls for implementation of a
“placemaking program” for the Village and Barrio Master Plan. Further, the recently
adopted Village and Barrio Master Plan serves as a revitalization tool for the plan
area and identifies many objectives aimed at enhancement, improved mobility and
increased neighborhood identity. Further, the master plan contains anti-
displacement policies, such as:
o Goal 1.5.1 B – Maintain and enhance the predominantly residential
character of the Barrio.
o Goal 1.5.1 D – Promote rehabilitation and adaptive re-use of existing
buildings in the Village and Barrio
To Program 4.3, a new component (fourth bullet point) to objective c. (implement a
placemaking program) is added:
• Evaluation of Village and Barrio Master Plan policies and standards as to
their effectiveness to protect existing residents from displacement. Based
on this evaluation, add provisions as necessary and as part of the
placemaking program to be developed.
10-135,
2.7 (10-
248)
10-199
4.3 (10-
272)
15
The requisite analysis for quantified objectives, as specified by HCD, requires quantification
for New Construction, Rehabilitation, and Conservation/ Preservation. Table 10-44, covers
the first two items directly, but the third item was covered by two rows: Units to be
Rehabilitated and Units to be Conserved. These two rows will be combined into a single row
labeled "Conservation / Preservation." Table 10-44 will keep one additional row not
specified by HCD reflecting Homeless Sheltering (beds) as this was felt to be an important,
and distinct item to report. This has now been placed under the TOTAL row for other
required quantifications.
Updated Table 10-44 is shown below.
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TABLE 10–44: QUANTIFIED OBJECTIVES 2021-2029
EXTREMELY LOW VERY LOW LOW MODERATE ABOVE MODERATE TOTAL
RHNA 734 577 784 749 1,029 3,873
New Construction 41 75 3,054 578 3,748
Rehabilitation 0 0 90 0 0 90
Conservation/Preservation 145 0 561 0 0 706 TOTAL 186 75 3,705 578 0 4,544 Homeless Sheltering (bed) 145 0 0 0 0 145
Sources: SANDAG, Final Regional Housing Needs Determination, 2018; City of Carlsbad, 2021
ATTACHMENTS:
1. Correspondence from Housing and Community Development on Review of Carlsbad’s 6th
Cycle (2021-2029) Draft Housing Element (Feb. 22, 2021)
2. Amended Pages in the Housing Element (Growth Management Plan)
3. Correspondence from Housing and Community Development on enforceability of the
city’s Growth Management Program dwelling unit caps (Feb. 23, 2021)
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453www.hcd.ca.gov
February 22, 2021
Jeff Murphy, Director
Community Development Department
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
Dear Jeff Murphy:
RE: Review of Carlsbad’s 6th Cycle (2021-2029) Draft Housing Element
Thank you for submitting the City of Carlsbad’s (City) draft housing element received for
review on December 24, 2020 along with revisions on February 8, 2021. Pursuant to
Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by various communications throughout 2020 and to date. In addition, HCD considered comments from the People for Ponto, pursuant to Government Code
section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes revisions needed to comply with State Housing
Element Law.
Government Code section 65588, subdivision (e)(4), requires a jurisdiction that failed to adopt its housing element within 120 calendar days from the statutory due date to revise its element every four years until adopting at least two consecutive revisions by the
applicable due dates. The City is subject to the four-year revision requirement and has satisfied the first four-year update requirement. Provided the City adopts its 6th cycle housing element by the due date (April 15, 2021), the City will satisfy the second consecutive four-year update and return to an eight-year update cycle. Please reach out
to HCD with any questions regarding timing and meeting the second four-year update
requirements.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element
process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.
Attachment 1
Jeff Murphy, Director Page 2
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City will meet housing element requirements for these and other funding sources.
HCD appreciates your hard work and effort; the exemplary cooperation and diligence of
the Carlsbad housing element team: including Don Neu, Jeff Murphy, Scott Donnell and
Eric Lardy. We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Sohab Mehmood, of our staff, at Sohab.Mehmood@hcd.ca.gov.
Sincerely,
Shannan West
Land Use & Planning Unit Chief
Enclosure
APPENDIX CITY OF CARLSBAD
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml. Among other resources, the housing element section contains HCD’s latest
technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A.Housing Needs, Resources, and Constraints
1.A city’s or county’s inventory of land suitable for residential development pursuant to
paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sitesthroughout the community, consistent with paragraph (10) of subdivision (c) of
Section 65583, that can be developed for housing within the planning period and
that are sufficient to provide for the jurisdiction’s share of the regional housing need
for all income levels pursuant to Section 65584 (Gov. Code, § 65583.2(a).)
The analysis shall determine whether the inventory can provide for a variety of typesof housing, including multifamily rental housing, factory-built housing, mobilehomes,
housing for agricultural employees, supportive housing, single-room occupancy
units, emergency shelters, and transitional housing (Gov. Code, § 65583.2(c).).
Affirmatively Furthering Fair Housing: The element does not address thisrequirement. The element must identify sites throughout the community to foster
inclusive communities and affirmatively further fair housing.
Zoning for a Variety of Housing Types: The element must demonstrate zoning for avariety of housing types, as follows:
•Emergency Shelters: The element describes a zone to permit emergency
shelters without discretionary action but must also evaluate the available
acreage for characteristics like parcel size or potential redevelopment orreuse opportunities and describe development standards. The analysis mustalso address the appropriateness of allowable uses, particularly as noted onpage 167, the presence of chemicals or hazardous materials and whether
parking requirements are limited to staff working in the emergency shelters
and do not require more parking than other residential or commercial uses inthe zone. The element must include programs as appropriate based on theoutcomes of this analysis.
•Permanent Supportive Housing: Supportive housing shall be a use by-right inzones where multifamily and mixed uses are permitted, includingnonresidential zones permitting multifamily uses pursuant to GovernmentCode section 65651. While the element includes an indication that zoning willbe amended to comply with housing laws (Program 2.13) regarding
supportive housing, the element must clearly demonstrate compliance with
this requirement by including specificity in the program.
Electronic Sites Inventory: Pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housing-element/index.shtml#element for a copy of the form and
instructions. Finally, the City can reach out to HCD at sitesinventory@hcd.ca.gov for
technical assistance.
2.An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilitiesas identified in the analysis pursuant to paragraph (7), including land use controls,
building codes and their enforcement, site improvements, fees and other exactions
required of developers, local processing and permit procedures, and any locally
adopted ordinances that directly impact the cost and supply of residential
development. The analysis shall also demonstrate local efforts to remove
governmental constraints that hinder the locality from meeting its share of theregional housing need in accordance with Section 65584 and from meeting the need
for housing for persons with disabilities, supportive housing, transitional housing,
and emergency shelters identified pursuant to paragraph (7). (Gov. Code, § 65583,
subd. (a)(5).)
Land Use Controls: The element must identify and analyze all relevant land usecontrols for impacts as potential constraints on the cost, supply, timing and approval
certainty of housing. Specifically, the element must analyze:
•Definition of Density: Based on communications with the City, the zoningcode implements a definition of density that potentially limits the number ofallowable units in a development. The element must analyze this definition
and include programs as appropriate. In additions, while the elementincludes Program 2.3 to update zoning to implement State Density BonusLaw (Government Code section 65915), please note, pursuant toGovernment Code section 65915, subdivision (f), density bonus means adensity increase over the maximum allowable gross residential density.
•Growth Management Program: Based on communications, HCDunderstands the City continues to require an allocation under the GrowthManagement Program. Any limits on the number of land use approvals orpermits involving housing development projects, including housing caps,
moratorium and requiring unit allocations, must be void pursuant to
Government Code section 66300, subdivision (b)(1)(D), As a result, thisactivity must immediately be suspended.
Processing and Permit Procedures: The element indicates a Site Development Plan (SDP) is required and in some cases, the Planning Commission or City Council may impose special conditions or requirement that are more restrictive than development
standards for a variety of provisions such as density, parking and other provisions that can limit the supply of housing or impact costs and approval certainty. The
HCD Review of Carlsbad’s 6th Cycle Housing Element Page 4
February 22, 2021
element must include an analysis of this requirement and specific programs to address and remove or mitigate the requirement. Housing for Persons with Disabilities: The element shows (Table 10-34) that group homes for seven or more persons are excluded in some zones allowing residential
uses (e.g., R-E, R-A, R-1 and R-2 zones). In addition, the element notes parking
requirements of two space plus 1 space per three beds for residential care facilities. Both of these requirements must be evaluated as potential constraints and programs added or modified as appropriate.
B. Housing Programs 1. Include a program which sets forth a schedule of actions during the planning period,
each with a timeline for implementation, which may recognize that certain programs
are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to
implement the policies and achieve the goals and objectives of the housing element
through the administration of land use and development controls, the provision of
regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an
identification of the agencies and officials responsible for the implementation of the
various actions. (Gov. Code, § 65583, subd. (c).) Programs must include definitive implementation timelines to demonstrate a “beneficial impact” in the planning period. Several programs include timelines such
as “ongoing” despite having clear deliverables in the planning period. These
programs must be revised with discrete timelines (e.g., annual, within 1 year). Program to be revised include: 1.5 (Flexibility in Development Standards), 1.8 (Mixed Use), 2.4 (City Initiated Development), 2.5 (Land Banking) and 2.9 (Assistance for Special Needs Populations).
2. Identify actions that will be taken to make sites available during the planning period
with appropriate zoning and development standards and with services and facilities
to accommodate that portion of the city’s or county’s share of the regional housing
need for each income level that could not be accommodated on sites identified in the
inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning,
and to comply with the requirements of Section 65584.09. Sites shall be identified as
needed to facilitate and encourage the development of a variety of types of housing
for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room
occupancy units, emergency shelters, and transitional housing. (Gov. Code, §
65583, subd. (c)(1).)
HCD Review of Carlsbad’s 6th Cycle Housing Element Page 3 February 22, 2021
As noted in the Finding A1, the element does not include a complete analysis. Based on the results, programs may need to be added, or revised. In addition:
City-owned Sites: The element identifies several city-owned sites that are essential
to demonstrating adequate sites to accommodate the housing needs of lower
income households. As a result, the element must include specific commitment with timelines to encourage development on the City owned site. Actions include additional incentives, schedule for development, significant outreach with developers of affordability housing, reducing fees and seeking financing or supporting
applications for funding.
Water and Sewer Priority: Given the City controls most water service, the element must include a specific program to establish written procedures to grant priority to developments with units affordable to lower-income households.
3.Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons withdisabilities. The program shall remove constraints to, and provide reasonable
accommodations for housing designed for, intended for occupancy by, or with
supportive services for, persons with disabilities. Supportive housing, as defined in
Section 65650, shall be a use by right in all zones where multifamily and mixed uses
are permitted, as provided in Article 11 (commencing with Section 65650). (Gov.
Code, § 65583, subd. (c)(3).)
As noted in the Finding A2, the element does not include a complete analysis andbased on the results of a complete analysis, may need to add or revise programs.
4.Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race,
religion, sex, marital status, ancestry, national origin, color, familial status, or
disability, and other characteristics protected by the California Fair Employment and
Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2),
Section 65008, and any other state and federal fair housing and planning law. (Gov.
Code, § 65583, subd. (c)(5).)
Affirmatively further fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2. (Gov. Code, § 65583, subd. (c)(10)(A)).
While the element lists statewide impediments to fair housing, the element must alsolist and prioritize contributing factors to fair housing issues that are specificallytailored to Carlsbad. Contributing factors create, contribute to, perpetuate, orincrease the severity of fair housing issues and are fundamental to adequate goals
HCD Review of Carlsbad’s 6th Cycle Housing Element Page 4 February 22, 2021
and actions. Examples include community opposition to affordable housing, land use and zoning laws, lack of regional cooperation, location and type or lack of affordable housing and lack of public or private investment in areas of opportunity or affordable housing choices. HCD will send additional examples under separate cover.
Based on the outcome of a complete analysis, the element should include actions to
enhance housing mobility strategies and encourage development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protect existing residents from displacement. The element includes many meaningful
actions such as expanding housing choices in high opportunity areas through the
City’s inclusionary requirement and promoting access to opportunity such as safe routes to school in the Village and Barrio Master Plan areas, However, the element should include additional actions to enhance housing mobility, encourage place-based strategies to revitalize communities and protect existing residents from displacement. Several programs could be enhanced to assist in meeting these
requirements, including : Programs 2.7 (Section 8 Housing Choice Vouchers and Similar Housing Cost Offsets), 2.8 (Assistance for Homebuyer Down Payment and Closing Cost), 3.1 (Pursue State and Federal Funding), 3.3 (Mobilehome Park Preservation), 3.4 (Acquisition/Rehabilitation/Retention of Rental Housing), 3.5
(Rehabilitation of Owner-Occupied Housing) and 4.1 (Fair Housing Services). Also,
the element should include specific action to protect existing residents from displacement in the Village and Barrio areas. HCD welcomes the opportunity to discuss additional actions with the City.
C.Quantified Objectives
A statement of the community’s goals, quantified objectives, and policies relative to the
maintenance, preservation, improvement, and development of housing. It is recognizedthat the total housing needs identified pursuant to subdivision (a) may exceed available
resources and the community’s ability to satisfy this need within the content of the
general plan requirements outlined in Article 5 (commencing with Section 65300). Under
these circumstances, the quantified objectives need not be identical to the total housing
needs. The quantified objectives shall establish the maximum number of housing units
by income category, including extremely low-income, that can be constructed,
rehabilitated, and conserved over a five-year time period. (Gov. Code, § 65583, subd.
(b).)
While the element includes quantified objectives for new construction (Table 4-1), itmust include additional quantified objectives for rehabilitation and conservation and
preservation by income group, including extremely low-income households.
HCD Review of Carlsbad’s 6th Cycle Housing Element Page 5 February 22, 2021
HCD D raft (Revised)February 2021 10-239
General Plan
10 Housing Funding
Departmental Budget
Lead Agency
Planning Division
Housing Services Division Time Frame (Years/Months)
Objectives 21 22 23 24 25 26 27 28 29
a.Complete a Gap Analysis of the city’s inclusionary housing in‐lieu fee
to determine a fee amount necessary and appropriate to reflect
market conditions and ensure fees collected are adequate to
facilitate the development of affordable units.
SEP
b.Amend the city’s inclusionary housing ordinance to reflect the
updated in‐lieu fee, or linkage fee, and revise the ordinance as
necessary to maximize production of affordable units without
adversely affecting market‐rate development.
APR
c.For those specific properties identified in Table A of Planning
Commission Resolution 7114 (approved by City Council Resolution
2015‐243 for the 2015 General Plan Update), provide affordable
housing in excess of inclusionary housing ordinance requirements as
indicated in Resolution 7114.
og og og og og og og og og
Quantified Objectives During the planning period, the city anticipates
application of the Inclusionary Housing Ordinance
will produce 15 percent lower‐income units,
estimated at 140 units.
LEGEND
an = annual JAN (January) | FEB (February) | MAR (March) | APR (April) | MAY (May) | JUN (June),
og = on‐going JUL (July) | AUG (August) | SEP (September) | OCT (October) | NOV (November) | DEC (December)
Program 2.2: Propose Replacement or Modification to Growth
Management Plan (GMP)
As noted in the previous sections, the city currently implements a voter-initiated
Growth Management Plan (Proposition E) that limits the amount of residential
development in the city (housing caps) and ensures availability of adequate
public facilities and services to serve all new development.
The Housing Crisis Act of 2019 (SB 330) enacts changes to local development
policies, permitting, and processes that will be in effect through January 1, 2025.
One aspect of the SB 330 relates to local growth management regulations. Under
SB 330, a city or county is prohibited from establishing or implementing any
growth-control measure that:
limits the number of land use approvals for housing either annually
or for some other period of time,
acts as a cap on the number of housing units that can be constructed,
or
limits the population of the city or county.
Attachment 2
10-240 February 2021 HCD D raft (Revised)
City of Carlsbad
10 Housing Furthermore, the city has a RHNA allocation of 3,873 units, that are required to
be accommodated in an inventory [Gov. Code 65583(a)(3)] throughout the sixth
housing element cycle (2021-2029). In discussions with California Department
of Housing and Community Development (HCD), the city was informed that
the city’s GMP could not be used to limit growth while SB 330 [Gov.
Code,§ 66300(b)(l)(B)(i)] was active (it has a sunset date of January 1, 2025);
HCD also stated the GPM unit caps could not prevent consistency with the
inventory [Gov. Code 65583(a)(3)] and SB 166 [Gov. Code§ 65863(a)]. While
SB 330 will sunset during the planning period for this Housing Element, HCD is
requiring that the city prepare and propose amendments for modification or
replacement to the GMP to allow conformance with local housing needs and to
meet the RHNA numbers provided. Program 2.2 may not be required if the City
Council adopts preemption findings related to the housing caps requirements
contained in the Growth Management Plan (Proposition E).
Funding
General Fund
Lead Agency
City Manager’s Office
Planning Division Time Frame (Years/Months)
Objectives 21 22 23 24 25 26 27 28 29
a.Develop an alternative solution that will replace or modify the City’s
Growth Management Plan (GMP).DEC
b.Provide guidance on infrastructure planning and finance as part of
the revised Growth Management Plan that emphasizes
infrastructure priorities based on housing location for lower‐income
households.
DEC
c.Propose changes in the Growth Management Plan into other
appropriate planning documents, including the General Plan, so that
these are consistent with the updated Plan and do not create caps or
other limits that constrain the community’s ability to meet housing
obligations, under California law, at all income levels and in keeping
with Carlsbad’s RHNA.
DEC
d.Replace or modify City Council Policy Statement 43 to align with new
Growth Management Plan.DEC
Quantified Objectives Supportive. Removal of city’s GMP limits will reduce
constraints on development and development
locations within community. This will support the city
meeting its RHNA obligations. This is quantified as
part of other programs.
LEGEND
an = annual JAN (January) | FEB (February) | MAR (March) | APR (April) | MAY (May) | JUN (June),
og = on‐going JUL (July) | AUG (August) | SEP (September) | OCT (October) | NOV (November) | DEC (December)
10-154 February 2021 HCD D raft (Revised)
City of Carlsbad
10 Housing Aware that development was creating public facility impacts on the community,
the city began working on its Growth Management Plan. Among the first actions
taken was reduction of the General Plan’s residential capacity by approximately
one-half in 1985. Subsequent actions included the adoption of a series of interim
ordinances to restrict development while the formal Growth Management Plan
was finalized. In 1986, Carlsbad adopted a citywide Facilities and Improvements
Plan that established much of the foundational aspects of the program. That
year, the program was permanently enacted by ordinance. Further, in November
1986, passage of a voter initiative established the ultimate number of dwelling
units that could be built in the city.
Growth Management Plan Constraints Findings
With the passage of SB 330 in 2019, a “city shall not enact a development policy,
standard, or condition that would…[act] as a cap on the number of housing units
that can be approved or constructed either annually or for some other time
period.” As the Growth Management Plan establishes caps on the number of
dwelling units and imposes a moratorium (under certain conditions) on new
development (including residential) that fails to meet certain standards, the city
may need to eliminate or modify parts of the Growth Management Plan.
However, to the extent permitted by state law, Carlsbad will continue to
implement the Growth Management Plan.
Compliance with the Growth Management Plan is planned for and provided
through a three-tiered or phased planning process:
Citywide Facilities and Improvements Plan, which adopted the
eleven public facility performance standards (e.g., circulation, parks,
open space), defined the boundaries of 25 local facility management
zones, and detailed existing public facilities and projected the
ultimate public facility needs.
Local Facilities Management Plans have been adopted for each of
the 25 zones. They implement the provisions of the Growth
Management Plan. These plans phase all development and public
facilities needs in accordance with the adopted performance
standards, provide a detailed financing mechanism to ensure public
facilities can be provided, are reviewed by city staff for accuracy, and
are approved by the City Council after a public hearing. These plans
are not seen as a constraint to development, but rather as a vehicle
to provide information upfront about the capacity and availability
of infrastructure.
Individual Projects must comply with the provisions of the Local
Facilities Management Plans, as well as implement provisions of the
citywide plan. The third phase of the program includes the review
of individual projects to ensure compliance with all performance
standards prior to the approval of any development permits.
HCD D raft (Revised)February 2021 10-155
General Plan
10 Housing The 1986 Citywide Facilities and Improvements Plan estimated the number of
dwelling units that could be built as a result of the application of the General Plan
density ranges to individual projects. For the entire city at buildout, the estimate
was 54,599 dwelling units (21,121 existing units plus 33,478 future units), which
resulted in an estimated buildout population of 135,000. The plan further divided
the estimated future dwelling units among four city quadrants (the axis of the
quadrants is El Camino Real and Palomar Airport Road), as follows:
Northwest Quadrant 5,844 units
Northeast Quadrant 6,166 units
Southwest Quadrant 10,667 units
Southeast Quadrant 10,801 units
The purpose of this estimate was to provide an approximate ultimate number of
future dwelling units and population citywide and for each quadrant for facility
planning purposes. The city’s Capital Improvement Plan, Growth Management
Plan, and public facilities plans are all based on this estimate. To ensure that all
necessary public facilities will be available concurrent with the need to serve new
development, it was necessary to set a limit on the number of future residential
dwelling units which can be constructed in the city based on the estimate.
On November 4, 1986, Carlsbad voters passed Proposition E, which ratified the
Growth Management Plan and “locked in” the maximum future dwelling units
in each of the four city quadrants per the estimates specified in the Citywide
Facilities and Improvements Plan. Proposition E also mandated that the city not
approve any General Plan amendment, zone change, tentative subdivision map
or other discretionary approval that could result in future residential
development above the dwelling unit limit in any quadrant. As discussed in
Program 2.2, the City is addressing conflicts between state law and the city’s
housing caps. The city has already adopted preemption findings related to the
city’s moratorium regulations, as outlined in Resolution Nos. 2020-104, 2020-
105, 2020-106, and 2020-208. More specifically, “The city finds that Gov. Code §
65863{a) (SB 166 [2017]) and Gov. Code § 66300{b)(l)(B)(i) (SB 330 [2019])
preempt the city from implementing a moratorium pursuant to Carlsbad
Municipal Code §§ 21.90.080 and 21.90.130 and GMP regulations.”
Change to the text of Proposition E may necessitate a majority vote of the
Carlsbad electorate. See Policy P-10.15 and Program 2.2 in Section 10.7.
Growth Management Control Point Density
Before Proposition E was drafted in 1986, one major concern was how best to
link development to the provision of public facilities and assure that once the
facilities were installed subsequent development would not exceed their
capacities. When Proposition E was drafted, it created for each residential general
plan designation a “Growth Management Control Point” (GMCP) density
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
February 23, 2021
Celia A. Brewer, City Attorney Office of the City Attorney
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
Dear Celia Brewer:
RE: Request for HCD Opinion on Enforceability of City’s Growth Cap Letter of Technical Assistance
This letter is to assist the City of Carlsbad (City) in the implementation of Government
Code 66300, part of the Housing Crisis Act (Senate Bill 330) of 2019, as requested in the City’s letter dated August 04, 2020. The City’s letter requested the opinion of the California Department of Housing and Community Development (HCD) as to the enforceability of the City’s growth cap provisions within the Growth Management Program (Proposition E or GMP). For the reasons explained below, HCD finds that the
City’s growth cap provisions to be impermissible under Government Code section 66300, subdivision (b)(1)(D).
HCD’s opinion is based on the mandatory criteria established by the Legislature with the passage of SB 330 in 2019, also known as the Housing Crisis Act of 2019, which
added section 66300 to the Government Code. The State of California is experiencing a housing supply shortage of crisis proportions. To address this crisis, the Legislature declared a statewide housing emergency until 2025 and suspended certain restrictions on development of new housing during the emergency period. (Housing Crisis Act of 2019, Chapter 654, Statues of 2019, section 2(b).) Among other things, the Legislature
suspended the ability of cities and counties to establish or implement any provision that: (i) “Limits the number of land use approvals or permits necessary for the approval and construction of housing that will be issued or allocated within all or a portion of the affected county or affected 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 county or affected city.” (Gov. Code, § 66300, subd. (b)(1)(D).
Attachment 3
Celia A. Brewer Page 2
The City’s GMP appears to be designed to assure that housing development in the City
and the provision of public services are closely aligned (City of Carlsbad Mun. Code, § 21.09.010.) However, the City’s GMP establishes growth cap numbers City-wide and by quadrant. Moreover, the City’s GMP mandates that 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 the development above
the limit in any quadrant. The establishment of such growths caps and development restrictions contradicts Government Code section 66300, subdivision (b)(1)(D). Accordingly, HCD is of the opinion that such a growth cap under the GMP cannot permissibly be implemented consistent with Government Code section 66300.
Thank you for reaching out to HCD for this guidance. Please contact Melinda Coy of our staff, at Melinda.Coy@hcd.ca.gov, with any questions.
Sincerely,
Shannan West
Land Use and Planning Chief