HomeMy WebLinkAbout2023-07-27; Grand Jury Report Response (Districts - All); Murphy, JeffTo the members of the:
OUNCIL
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Council Me morandum
July 27, 2023
To:
From:
Via:
Re:
Honorable Mayor Blackburn and Members of the City Council
Jeff Murphy, Community Development Director
Gary Barberio, Deputy City Manager, Community Services
Geoff Patnoe, Assistant City Manager @
Grand Jury Report Response (Districts -All)
{city of
Carlsbad
Memo ID# 2023077
The San Diego County Grand Jury published their May 2023 Report titled "Housing in San Diego
County," which included findings and recommendations that affect all 18 cities and the
unincorporated County. This memorandum provides background information on the Grand
Jury, their report, and a copy of the city's response to the Grand Jury's findings and
recommendations.
Background
The Grand Jury is a body of 19 citizens who are charged and sworn to investigate county
matters of civil concern as well as inquire into public offenses committed or triable within the
county. Grand Jury duties, powers, responsibilities, qualifications, and selection processes are
outlined in the California Penal Code.
Generally, the Grand Jury reviews and evaluates procedures, methods and systems utilized by
government to determine whether they can be made more efficient and effective. It may
examine any aspect of county government and city governm·ent, including special legislative
districts and joint powers agencies, to ensure that the best interests of San Diego County
citizens are being served. The Grand Jury may also inquire into written complaints brought to it
by the public.
The Grand Jury has subpoena powers and can summon individuals to testify before them
(closed to the public) on various subject matters. At the conclusion of their investigation, the
Grand Jury publishes a report, which includes findings and recommendations. Pursuant to
California Penal Code section 933(c), affected public agencies are required to review and
provide comments on those findings and recommendations to the Presiding Judge of the
Superior Court by the dated specified in the report.
Discussion
In light of the state housing crisis and the lack of available, affordable housing throughout the
region, the Grand Jury initiated an investigation into the amount of housing that was produced
during the 5th Housing Element cycle (January 1, 2013, through December 21, 2020). Over the
past year, the Grand Jury interviewed and requested information from staff from San Diego
County and the 18 cities that comprise the San Diego Association of Governments (SAN DAG).
Community Services Branch
Community Development Department
1635 Fa raday Avenue I Carlsbad, CA 92008-7314 I 442-339-5088 t
Council Memo -Grand Jury Report Response (Districts -All)
July 27, 2023
Page 2
They also researched and reviewed various housing policies, state statutes regarding housing
and housing development and each jurisdiction's adopted housing element.
In response, a 2022-23 San Diego County Grand Jury Report, titled "Housing in San Diego
County," was published on May 9, 2023 (Attachment A). The report details the methodology
and analysis that was conducted, which resulted in a series of findings and recommendations.
The report was then distributed to the county and 18 cities for review and formal response by
August 8, 2023.
The city provided its response to the findings and recommendations on July 26, 2023
(Attachment B), in compliance with Californ ia Penal Code section 933{c).
Next Steps
No further action is necessary. The Grand Jury report did not identify any legal deficiencies or
code violations that require correction. The Grand Jury report only provided recommendations
the jury members felt might improve housing availability and affordability in the region. And
while the city may disagree with some of those recommendations, the city is not obligated or
required to implement them.
Attachment: A. 2022-2023 Grand Jury Report
B. City response letter dated July 26, 2023
cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Jason Haber, Intergovernmental Affairs Director
Ron Kemp, Senior Assistant City Attorney
Mike Strong, Assistant Community Development Director
Eric Lardy, City Planner
Robert Efird, Principal Planner
,. -·-··----. -
Attachment A
HOUSING IN SAN DIEGO COUNTY
SUMMARY
Housing is a basic need. San Diego as a region is failing to build enough housing for its current
residents and its future residents. Housing construction requires both available land and available
money. However, both have been lacking.
. .
The 2022/2023 San Diego County Grand Jury (Grand Jury) researched this issue by examining
how other areas of the State and the United States have attacked the twin problems of the lack of
land and money to build housing. Our recommendations include several of the methods used by
others to attack the issue of the lack of housing.
INTRODUCTION
At the October 3, 2022 joint meeting between the City Council of San Diego and the San Diego
County Board of Supervisors, Nathan Fletcher made the following comments concerning the
lack of affordable housing in San Diego. "We know that housing is foundational to life, it is the
most basic thing that you need in order to be able to live a fulfilled and thriving life. We also
know that in San Diego County, we have some of the least affordable housing anywhere in the
country." 1 ·
Similarly, Sean Ela-Rivera, City of San Diego City Council President, stated, "Housing is a
human right, and we must make this declaration to ensure we as elected leaders and our whole
community own our responsibility to take the actions necessary to ensure every San Diegan has a
real opportunity to have the decent and stable housing necessary for a dignified and healthy
life."2
The lack of housing, in general and affordable housing, is driving people to leave California or to
move outside of San Diego County to lower cost areas of the state. 3 The State of California and
the San Diego Association of Governments (SANDAG) are pushing for the development of
additional housing at all income levels to address these housing concerns.
The Regional Housing Needs Assessment (RHNA) is mandated by State Housing Law as part of
the periodic process of updating local housing elements, a part of each jurisdictions General
Plan. RHNA quantifies the need for'housing within each jurisdiction during specified 8-year
planning periods, referred to as cycles .. During the 5th Housing Element cycle (January 1, 2013 to
December 31, 2020) the San Diego region was required by the State of California to plan for
161,980 housing units. The 161,980 housing units were divided among the four state-designated
1https://sdcounty.granicus.com/player/clip/3322?view id=9&redirect=true&h=S8a6fa0cc3586blb6379baef710el
99
2https://sdcounty.granicus.com/player/clip/8560?view id=3&redirect=true&h=cfa3ia51efbf80dcc585603256f241
08
3 https ://www ,ppi c.org/blog/ californ ias-popu lation-shifts-mayslead-to-new-i ncome-
divides/#:~:text=People%201eavi ng%20the%20state%20have, for%20income%20patterns%20a cross%20Cal ifornia. . 1
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (fl.led May 9, 2023)
income levels as measured against the Area Median Income (AMI). The income categories and
the number ofho~s.gig units to be planned for were: Very low income (36,450 units), Low
income (27,700 units), Moderate income (30,610 units), and Above moderate income (67,220
units)4. Please see-th~Discussimi-sectfon where income categories ai:ebroken down.
However, for the 5th Housing Element Cycle only the City of Lemon Grove of the 19 SANDAG
jurisdictions was able to permit enough housing at each of the levels of affordability5•
As shown on the Table below all others failed to meet all four of the allocation goals and seven
failed to meet any of the four allocation goals.
Table -Jurisdictions and Results of Fifth RHNA Cycle
Very low Low Income Moderate Above Moderate Income
Jurisdiction Income (Goal) Income (Goal)
(Goal) (Goal)
Carlsbad Unmet Unmet Unmet Met
Chula Vista Unmet Unmet Unmet Met
Coronado Unmet Unmet Unmet Met
Del Mar Unmet Unmet Met Met
El Cajon Unmet Unmet Unmet Unmet
Encinitas Unmet Unmet Unmet Met
Escondido Unmet Unmet Unmet Unmet
Imperial Beach Unmet Unmet Unmet Met
La Mesa Unmet Unmet Unmet Met
Lemon Grove Met Met Met Met
National City Unmet Unmet Unmet Unmet
Oceanside Unmet Unmet Unmet Unmet
Poway Unmet Met Unmet Unmet
San Diego Unmet Unmet Unmet Met
San Marcos Unmet Unmet Unmet Met
Santee Unmet Unmet Unmet Unmet
Solana Beach Unmet Unmet Unmet Unmet
Vista Unmet Unmet Unmet Met
San Diego County Unmet Unmet Unmet Unmet
In recognition that San Diego County is failing to provide enough housing for its current and
future citizens, the Grand Jury decided to look at the failure of the cities and County to meet their
Regional Housing Needs Allocation goals and evaluate steps that could be taken to increase the
regional housing stock. This is particularly timely as we have entered the Sixth RHNA Cycle
(June 30, 2020 to April 15, 2029). During this period the region needs to plan for an increase of
approximately 10,000 housing units over the Fifth Cycle totaling 171,685 units. Again, the
4"5th Cycle Regional Housing Needs Assessment (RHNA) Fact Sheet" SAN DAG, no date,
5 ibid
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
2
,,
I
171,685 housing units were divided among the four income levels: (Very low 42,332), Low
(26,627), Moderate (29,732), and Above moderate (72,992). 6
METHODOLOGY
The .Grand Jury interviewed and requested information from staff from San Diego County and
the 18 cities that comprise SANDAG:
• County of San Diego
• Carlsbad
• Chula Vista
• Coronado
• DelMar
• El Cajon
• Encinitas
• Escondido
• Imperial Beach
• LaMesa
• Lemon Grove
• National City
• Oceanside
• Poway
• SanDiego
• SanMarcos
• Santee
• Solana Beach
• Vista
The·Grand Jury researched and reviewed these documents:
• SANDAG 5th Cycle Regional Housing Needs As.sessment (RHNA), Fact Sheet
• SANDAG Regional Housing Needs Assessment Plan, Fifth Housing Element Cycle,
Planning for Housing in the San Diego Region, 2010-2020
• An AuditReport prepared for the California State Auditor in relation to the audit ordered by
the Joint Legislative Audit Committee.
• The Planner's Guide to Specific Plans
• SANDAG Pro-Housing Best Practices for the San Diego Region
• SAND AG Capital Mapping for the San Diego Region
• SANDAG 6th Cycle Regional Housing Needs Assessment (RHNA.), Fact Sheet
• Appeals and Responses to Appeals by the Cities of Coronado, Lemon Grove, Solana Beach,
and Imperial Beach regarding the Sixth Cycle RHNA allocations
• The Housing Elements from each of the 19 jurisdictions that comprise SAND.AG.
6 https:ljwww.sandag.org/-/media/SANDAG/Documents/PDF/projects-and-programs/regional-initiatives/housing-
land-use/regional-housing-needs-assessment/6th-cycle-regional-housing-needs-assessment-methodology-2019-
11-22.pdf
3
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
The.Grand· Jury also reviewed the following California statutes regarding housing including:
•
•
•
•
•
•
•
The Sustainable Communities and Climate Protection Act (SB375)
The Housing Accountability Act of 1982 and subsequent amendments (SB 167), (AB678),
(AB 15i5), (AB 3194), (SB 330)
Changes to Local Planning (AB1397)
Housing Crisis Act of2019 (SB330)
Streamlined Affordable Housing Act (SB35)
Surplus Land Act (AB 1486)
Housing on Educational Properties (AB2295)
DISCUSSION
Tlte Regional Housing Needs Assessment Process
Since 1969, every eight years, the State of California has required all local governments ( cities
and counties) to plan to meet the housing needs of everyone in the community. 7 This planning
process ends with the creation of the Regional Housing Needs Allocation or RHNA. The
process has four main components 8:
• RHNA Determination -As a first step, the California Department of Finance projects future
population and household formation within the state over an eight-year period. Then, the
California Department of Housing and Community Development (HCD), in consultation
with the local lead agency, projects the regionwide housing need. SAND AG is the local lead ·
agency for San Diego County. The projections are based on vacancy rates, household size,
and other factors. The housing need is subdivided into four income categories based on the
Average Median Income (AMI). For San Diego County, in 2022 the AMI was $106,900 for
a family offour.9 The categories are: Very .low (<50% of AMI), Low (50 to 80% of AMI),
Moderate (80 to 120% of AMI), and Above moderate (> 120% AMI).
• RHNA Plan Methodology-SANDAG and the 18 cities and the County of San Diego
prepare a methodology that distributes the RHNA Determination to each city and the County.
The plan is required to advance state objectives such as Senate Bill 375 10 which requires
consistency between the RHNA Plan and the development pattern of the Sustainable
Communities Strategy (SCS). SB 375 also requires that the SCS land use pattern, and the
RHNA, aid in meeting the greenhouse gas (GHG) reduction targe'ts set by the California Air
Resources Board.
• RHNA Plan Allocation-Using the RHNA Plan methodology, a specific number of housing
units are allocated to each city and the County; in each of the four income categories.
7 https:/ /www.hcd.ca.gov/plan ning-an d-com mun ity-deve lopment/regional-ho using-needs-allocation
8 https://www.sandag.org/-/media/SANDAG/Documents/PDF/proiects-and-programs/regional-initiatives/housing-
land-use/regional-housing-needs-assessment/6th-cycle-regional-housing-needs-assessment-fact-sheet-2020-02-
01.pdf
9 https :/ /www .sand i egocounty .gov /sd hcd/ renta 1-assistan ce/in come-Ii m its-a mi/
10 https :/ /legi nfo. I egislatu re. ca.gov /faces/bi 11 N avCli ent.xhtml ?bi ll_i d=200720080S83 75
4
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
• Housing Element Updates-For the final step, each city-and the County are required to
update their Housing Element to_meettheir_allo.catio_os 11• Ihe_Housing Element is that part of
the General Plan that lays out how the city and the County will meet their allocations. The
Housing Element includes an inventory of sites for dev-elopmeni at each of the four income
levels. If necessary, it also identifies sites that could be rezoned to accommodate shortfalls in
the number of sites identified vs the number of sites allocated. Once completed and
approved by the jurisdiction's political leaders, the Housing Elements are reviewed by HCD
for conformance with State laws and mandates. In most cases the HCD will require revisions
to bring it .into compliance with State laws and mandates.
Failure to get HCD approval of its Ho11.sing Element opens a local government to a number of
potential penalties .including exposure to litigation from housing rights organizations, developers
and HCD itself, loss of its ability to issue permits and control development in its jurisdiction,
financial penalties including fines of up to $100,000/month, and court ordered receivership to
bring the jurisdiction's Housing Element into substantial compliance with HCD12•
Cities and Planning for Housing
In 2012, the State of California dissolved redevelopment agencies. Before that, local
governments often had used redevelopment money to acquire land and develop housing on their
own or to assist private developers in creating housing. Instead, cities and the County now use
other planning techniques to increase opportunities for the private sector to develop housing in
general and affordable hous.ing.
The State of California already has many laws in place to encourage the development of housing.
Several local governments have gone above the State minimum requirements to encourage the
development ofhous.ing. Some examples include:
• Poway is planning to include incentives for deed-restricting Accessory Dwelling Units
(ADUs; aka "Granny Flats") and put into place allowances for larger ADUs (up to 1,500
square feet) to meet the needs of larger low-income households. 13
• Encinitas 14 and the County of San Diego 15 have Permit Ready ADU plans for residents to use
in planning and developing AD Us.
• Del Mar, similar to Poway, allows construction of a larger ADU on a lot if the unit is deed
restricted to low-income renters 16•
11 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1398
12 https://abag.ca.gov/sites/default/files/documents/2021-06/Conseguences%20of%20Non-
Compliance%20with%20Housing%20Laws.pdf
13 https://www.poway.org/DocumentCenter/View/8172/Draft-Poway-2020-2029-Housing-Element-Update?bidld=
14 https :// en ci n itasca.gov /p radu
15 https://www.sandiegocounty.gov/content/sdc/pds/bldg/adu_plans.html
16 https://www.delmar.ea.us/DocumentCenter/View/8445/04 Housing-Plan
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
5
• Santee passed Ordinance 592 enacting the Essential Housing program to boost housing
production and improve housing affordability by expediting and incentivizing the
construction of new housing. It allows certain housing developments to be approved
ministerially (essentially over the counter), if they meet specific criteria.17 Under the
ordinance the Planning Director has 30 days to review the application and if it meets the
criteria. 18
• San Diego County encourages the development of ADUs in unincorporated areas by waiving
building permit fees, onsite wastewater fees, development impact fees, park fees, traffic impact fees, and drainage fees.19
City of Lemon Grove
As noted, the City of Lemon Grove successfully met their RIINA housing allocations for each of
the income categories identified by SANDAG in the Fifth RHNA Cycle20• The city benefited
from having the Citronica development (an affordable housing development) in the planning
process prior to the beginning of the Fifth Cycle.
Additionally, Lemon Grove implemented zoning changes (raising height limits, increasing
density) and amended its Downtown Specific Plan to include more housing. Each of these
measures helped the city to meet its allocations in the other income categories. Lemon Grove
also benefited as a developer came in and developed one of the last large vacant tracts of land
within the city during the Fifth RIINA cycle.
Specific Plans
Per the Governor's Office of Planning and Research (OPR), 21 a specific plan addresses
development at a defmed area within a city or county's boundaries. Specific plans may be
general and set forth broad policy concepts, or they may be detailed and give direction for every facet of development including the type, location, and intensity of uses. Specific plans can also
give design guidelines for subdivisions and for infrastructure in the area. One of the benefits of
creating a specific plan is that it can be used to streamline development by providing a framework for development and complying with California Environmental Quality Act
guidelines.
Several cities, besides Lemon Grove, have successfully used specific plans to promote the
development of housing, particularly in areas near mobility hubs. Per SAND AG, a mobility hub is a community with high concentration of people, destinations, and travel choices22• El Cajon
and Chula Vista are just two of the many cities in the County that have used specific plans to
encourage housing development.
17 https://www.sandiegocounty.gov/content/dam/sdc/pds/gpupdate/06-Housing-Element-2021.pdf 18 https://www.cityofsanteeca.gov/services/development-services/plannlng-and-zoning-services/essential-
housing-program
19 County of San Diego, 6th Cycle Housing Element Update, County of San Diego General Plan, July 14, 2021 20 https://www.sandiegocounty.gov/content/dam/sdc/pds/gpupdate/06-Housing-Element-2021
21 https:ljcaliforniareleaf.org/wp-content/uploads/2019/06/0PR-A-Planriers-Guide-to-Specific-Plans.odf
22 https://sandag.org/~/iink.aspx?_id=7C64DSA10SC14CE6873837EB99ASE5Fl&_z=z
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT {filed May 9, 2023)
6
·1
El__Gajon adopted a_Transit District Specific Plan (TDSP)23 to transform the area around the El
Cajon Transit Center. Among.the key goals of the TDSP are to: "Establish a mix of transit-
. : ·:~supp-ortivelancl UStIS~that increase housing opportunities and enhances transit ridership; Improve
the safety and comfort of the mobility corridors for pedestrians and bicyclists to increase the
number of trips made by foot and bicycle to and from the. transit station; Spur revitalization of
the area through public and private investment; Highlight neighborhood identity; and Remove
barriers to smart growth development."
Chula Vista adopted the Palomar Gateway Plan for the portion of the city near the intersection of
~alomar Street ~d Interstate Highway 5. 24 According to the City· of Chula Vista Plan, the goal
of the Palomar Gateway Specific plan is to prov1de additional housing and mixed-use
development (residential and commercial) that take advantage of having a major transit station
within walking distance.
Housing Bonds Issued by Local and Regional Governments
As noted earlier, a major impediment to creating additional housing has been the lack of money
formerly available from redevelopment agencies. As a result, some local and regional
governments elsewhere in California have either issued or are planning to issue bonds to assist in
the development of affordable housing. Some examples are listed below.
In November 2016, Santa Clara County voters approved Measure A, to raise $950 million .for the
construction of affordable housing25 • According to the County of Santa Clara, Office of
Supportive Housing, Measure A was intended to: increase the scope and breadth of supportive
housing for special needs populations, including homeless and chronically homeless persons;
increase the supply of housing that is affordable to extremely low-income households; and
improve coordination and collaboration among the County, the cities, other governmental
agencies, and the affordable housing community.
As of June 2022, Measure A funding has been used to create over 4,000 new apartments, pay for
the renovation of nearly 700 housing units, assist with the construction of 47 housing
developments, and assisted over 200 families to finance their first homes26•
In 2019, the California legislature enacted AB 1487 that, with the governor's signature, created
the Bay Area Housing Finance Authority (BARF A). According to the Legislative Analyst: "One
of the authority's major purposes was to raise, administer, and allocate funding for affordable
housing in the San Francisco Bay area." 27 The bill specifically authorized BARF A to: " ... among
other things, raise and allocate new revenue, incur and issue bonds and other indebtedness,
23 https://www.elcajon.gov/home/showpublisheddocument/18727/638061165873470000
24 https:ljwww.chulavistaca.gov/home/showpublisheddocument/7356/635579674066370000
25 https://osh .sccgov .org/housing-com munity-development/2016-measu re-affordable-housing-bond
26 https://osh.sccgov.org/housing-community-development/2016-measure-affordable-housing-bond/2016-
measure-housing-bond
27 https://leginfo.l egis lature.ca.gov /faces/billTextClient.xhtml ?bi ll_id~201920200AB 1487
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
7
and allocate funds to the various cities, counties, and other public agencies and affordable housing proje<;:,ts within its jurisdiction to :finance affordable housing development projects, preserve and enhance existing affordable housing, and fund tenant protection programs."
(NOTE: Bolding by Grand Jury).
In 2022, the legislature enacted SB 679 that, with the governor's signature, created the Los Angeles County Affordable Housing Solutions Agency28• According to the Legislative Analyst:
"This bill would authorize the agency to, among other things, raise and allocate new revenue,
incur and issue bonds and other indebtedness, and place on the ballot in Los Angeles County, including all of its incorporated cities, funding measures ... "(NOTE: Bolding by Grand Jury).
Last legislative session, California State Senator Ben Hueso, representing San Diego and
Imperial Counties, introduced SB 1105, "The San Diego Regional Equitable and
Environmentally Friendly Housing Act''29• This bill, which did not make it out of committee, would have established the San Diego Regional Equitable and Environmentally Friendly
Affordable Housing Agency. This bill was aimed at increasing housing supply in San Diego
County by providing funding and technical assistance for housing projects and programs,
equitable housing preservation, and rental protection programs. The bill would have authorized the agency to raise money either by taxes and fees of various kinds or by issuing revenue bonds (NOTE: Bolding by Grand Jury).
Taxes and Fees Used to Further Housing Development
Another way some local governments have raised money for housing development is by increasing taxes and fees on businesses and developers. Some recent examples from around the United States and locally are:
In 2021, the City of Seattle implemented a payroll expense tax to help fund housing in the city. According to the Seattle's website, in 2022 the payroll expense tax is required of businesses with $7,386,494 or more of payroll expense in Seattle in 2021, and compensation in Seattle for the current calendar year (2022) paid to at least one employee whose annual compensation
is $158,282 or more. 30
According to the City of Seattle, Department of Finance and Administrative Services, there were over 500 firms paying this tax. 31 Per a recent news article from a Seattle area newspaper the tax
brought in approximately $231 million in its first year. 32 Sixty-two percent of the revenues from the City of Seattle payroll tax are dedicated to the construction of affordable housing33•
28 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill id=202120220SB679
29 https://leginfo.legislature.ca.gov/faces/billNavCllent.xhtml?bill_id=202120220SB1105
30 https://www.seattle.gov/ city-fl nance/buslness-taxes-an d-1 icenses/seattle-taxes/payroll-expense-tax
31 City of Seattle, Department of Finance and Administrative Services, email, December 21, 2022 32 https://www.seattletimes.com/seattle-news/seattles-jum pstart-tax-on-big-businesses-salaries-upheid-by-wa-
court/
33https://library.municode.com/WA/seattle/codes/municipai ·code?nodeld=TITSREFITA SUBTITLE IITA CH5.38PA
EXTA 5.38.0S0ALAP
8
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
The City of San Diego, among other local jurisdictions, charges a fee (the Housing Impact Fee)
on commercial developments within the city. The fees are deposited into the City's Affordable
Housing Fund. The San Diego Housing Commission (SDHC) administers the Affordable
Housing Fund, which helps meet the housing needs of the City's very low, low, and median
income households. According to the SDHC website,34 the Commission controls nearly 600
properties that include over 24,000 affordable units.
Workforce Housing for Personnel in Education
A recent report by cityLAB35, the,research and design center of Architecture and Urban Design
at UCLA, suggested that schools may be a large potential source ofland for housing. cityLAB
noted in their report that on many campuses, prime sites for affordable housing development
include parking lots, portable classrooms, or derelict buildings.
In 2016, the California legislature enacted, and the gpvemor signed, SB 1413. 36 The Act
authorized a school district to establish and implement programs to address the affordable
housing needs of teachers and school district employees. In 2019, the California legislature
enacted, and the governor signed, AB 1719, extending this program to community college
districts. 37
In California, there are already some examples of school and university districts developing
workforce housing for educational staff. For example, in 2001 the Santa Clara Unified School
District constructed the 40-unit Casa Del Maestro Apartment Complex for District teachers38•
This program was so supcessful that an additional 30 units were constructed in 2006. The 70
units are rented at below market rate (80%)39• The Casa De1 Maestro Apartment Complex is
located on a school site and includes 1 and 2-bedroom units with a one car garage. Teachers can
sign up for the waiting list if they are within their first 10 years of employment with the District.
In 2019, San Francisco voters passed Proposition E; the Affordable Housing and Educator
Housing proposition 4°. The first project to be built under Proposition Eis the Shirley Chisholm
Village.41 It is currently under construction on a property formerly used by the school district for
storage and will provide new homes for San Francisco Unified School District (SFUSD)
educators and employees at a variety of income levels.
34https://public.tableau.com/app/profile/san.diego.housing.commission.sdhc./viz/CityofSanDiegoAffordableHousi
ngOvervi ew / AffordableHousingOverview
35 https://www.csba.org/-
/media/CSBA/Files/Advocacy/LegislativeAdvocacy/ResearchReport.ashx?la:::en&rev:::2dOb1e2e409f4dc6b3177338
d016cbbl
36 https://legi nfo. legislature.ca.gov /faces/bill N avCI ient.xhtm I ?bill_id:::2015201605B 1413
37 https://leginfo. legislature. ca.gov /faces/bill NavCli ent.xhtml ?b ill_id :::202120220AB1719
38 https://www.santaclarausd.org/Page/3537
39 ibid
40 https://sfelections.sfgov.org/november-5-2019-election-results-summary
41 https://www.scv-midpen.com/
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
9
The University of California at Irvine (UCI) also provides educational workforce housing. The
Irvine Campus Housing Authority (ICHA 42) was created to develop and maintain University
Hills, a for-sale and rental housing community on the UCI campus. The goal was to provide
affordable housing to eligible full-time UCI employees. The community has four apartment
communities, two condominium associations, townhomes, paired homes, single family detached
homes and a few custom homes.
The San Diego Unified School District (SDUSD) was able to pass Proposition U at the last
election. Under Proposition U, SDUSD is planning a program for educator workforce housing. 43
No others among the public school districts, community colleges, and universities in San Diego
County have a similar program. However, we note that the City of Poway does give preference
to Poway Unified School District (PUSD) employees when affordable housing becomes vacant
in city-owned housing units. According to the Draft Housing Element, the city is to: "Support the
Poway Unified School District by coordinating affordable housing activities with the school
district. "44
Transit Agencies and Housing
According to the websites of the two major transit agencies in San Diego County, North County
Transit District (NCTD) and Metropolitan Transit System (MTS), both are actively involved in
furthering development at properties they own or control.
As ofNovember 2022, the NCTD website lists five projects that are in the process of planning or
are actively in the development phase45• These include developments at the Oceanside and
Escondido Transit Centers, two Coaster Stations in Carlsbad, and at seven Sprinter Station
Parking lots. In the last two decades, NCTD had attempted twice to work with the City of Solana
Beach to develop the property it owns there. However, neither effort was successful. 46, 47
Similarly, MTS' s website identifies a number of properties throughout their system available for
joint development opportunities. 48 MTS is also currently actively involved in developing
affordable housing at its Beyer Boulevard Trolley Station, in south San Diego, in conjunction
with Affirmed Housing, an affordable housing developer.49
Religious Institutions and Housing
Another potential source of land that could be available for housing are religious institutions. A
local non-profit, Yes in God's Backyard San Diego (YIGBY San Diego), is seeking to work with
faith communities to build affordable housing in the San Diego Region. According to their
42 https://icha.uci.edu/about-university-hills/
43 https://www.sdvote.com/content/dam/rov/en/sb/SB-ENG-625.pdf#page=128
44 City of Poway, Draft Housing Element 2020-2029, July 2021.
45 https://gonctd.com/real-estate-redevelopment/
46 San Diego Union-Tribune, "Solana Beach council to discuss sand, train station project," January 20, 2007 47 Del Mar Times, "Solana Beach council shown top design for train station," October 5, 2016
48 https://www.sdmts.com/business-center/real-estate
49 https://www.sdmts.com/inside-mts/media-center/news-releases/mts-approves-new-affordable-housing-
development-south-bay
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
10
website, they are pushing to develop 3,000 housing units on land owned or controlled by -
religious institutions here in San Diego by 2025. They state, "Our vision is to be a resource to
faith communities that want to use their surplus land to develop much needed affordable housing
in the San Diego region. Our approach is to help congregations create a triple bottom line where
they are providing mission driven housing solutions, using environmentally sustainable materials
and contributing to their own financial well-being."50
Locally, YIGBY San Diego and the Bethel AME Church in San Diego are moving ahead to
build a transit-oriented development with 26 one-bedroom apartments on church property at
Imperial Avenue and 32nd Street. 51
State Senator Scott Wiener of San Francisco recently introduced SB 4. This bill would reduce
barriers that religious and nonprofit organizations often face when planning multi-family housing
projects on their properties. 52 53 It also allows this to occur even if local zoning prevents this.
According to a recent study by the Temer Center for Housing Innovation at UC Berkeley,54 there
are nearly 40,000 acres ofland controlled by religious institutions throughoutthe State of
California that could be developed for affordable housing. Similar to school districts, areas that
could be developed include parking lots and surplus land owned or controlled by the religious
institutions.
In a public comment on the City of Solana Beach's Housing Element, St. James Catholic Parish,
noted that they had ''been working with the San Diego chapter of Catholic Charities in
identifying potential uses for available land we possess at the south end of our property. We
would like to go on record expressing an interest in developing this land for public benefit,
specifically housing to support low-income individuals. Please consider including this intention
in your Housing Element Update."55
FACTS AND FINDINGS
Finding 01: The City of Lemon Grove met its housing allocation for all the income categories
identified by SANDAG in the Fifth RHNA Cycle.
Finding 02: The County of San Diego failed to meet their housing allocation for all income
levels.
50 https://yigby .org/ a bout-yigby /#top
51 San Diego Union-Tribune, Michael Smolens Column: "Effort to ease housing construction on church land gets a
new life," December 21, 2022
52 https://sdll.senate.ca.gov/legislation
53 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill id=202320240SB4
54 https:/lternercenter.berkeley.edu/research-and-policy/faith-based-housing-development.
55https://www.cityofsolanabeach.org/sites/default/files/Solana%20Beach/Community%20Development/Housing%
20Element%20Update/Solana%20Beach%20Housing%20Element%20Update February2023 Clean.pdf
11
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
Finding 03:. · The following cities did not meet their housing allocations for all income
categories: Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, hnperial
Beach, La Mesa, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana
Beach and Vista.
Finding 04: The San Diego region failed to meet its housing allocations for each of the income
categories identified by SANDAG in the Fifth RIINA Cycle.
Fact: In 2018, the City of El Cajon implemented its Transit District Specific Plan to transform
the area around the El Cajon Transit Center and increase the housing stock in that area.
Fact: In 2013, the City of Chula Vista initiated its Palomar Gateway Specific Plan with the goal
of providing housing and mixed-use development near the Palomar Street trolley station.
Finding 05: Specific plans are useful tools in spurring development, including housing
development, and have been used by El Cajon and Chula Vista among others.
Fact: In November 2016, Santa Clara County voters approved Measure A -the $950 million
affordable housing bond measure.
Fact: As of June 2022, Santa Clara County's Measure A funding has.been used to create new
apartments and housing developments, pay to renovate housing, and allocate money to a first-
time homebuyer program.
Fact: In 2019 the Bay Area Financing Housing Authority was authorized for the San Francisco
Bay Area with the express intention of raising money to finance development of additional
housing throughout the San Francisco Bay Area.
Fact: In 2022 the Los Angeles County Affordable Housing Solutions agency was formed with
ability to raise money to finance development of additional housing throughout Los Angeles.
Fact: The City of Seattle recently implemented a payroll tax on select companies. This year
companies with sales of more than $7,386,494 per year are taxed on the number of employees
making more than $158,282 per year. Over 500 companies paid the tax.
Fact: Currently, the City of San Diego levies a Housing hnpact Fee on commercial
development and the funds levied are deposited into the City's Affordable Housing Fund.
Monies in that fund are used by the San Diego Housing Commission to develop its programs for
affordabfo housing development, housing vouchers, etc.
· Fact: In California, Santa Clara County and the San Franciscq Bay and Los Angeles areas are
using or are planning to use the financing authority given to them to fund the current and future
development of affordable housing.
Fact: Housing impact fees are used to generate funds for affordable housing by the City of San
Diego.
12
2022/2023 SAN DIEGO COUNI'Y GRAND JURY REPORT (filed May 9, 2023)
Fact: In Seattle, the City is using its authority to levy taxes to fund the current and future
development of affordable housing.
Fact: cityLAB identified school districts as government entities that have land available for
construction of affordable housing, particularly for employees of the district.
Fact: SFUSD identified underutilized land it owned and is developing it, in conjunction with the
City of San Francisco, into a residential community with housing set aside for district employees.
Fact: The Santa Clara School District constructed workforce housing for its personnel more
than a decade ago.
Fact: The University of California at Irvine developed housing on the campus for full-time
university employees and their families.
Fact: North County Transit District is making surplus land available for development at several
locations under its ownership or control.
Fact: North County Transit District recently agreed to develop land it controls, in conjunction
with a developer, for a mixed-use development at the Oceanside Transit Center. The
development is to include affordable housing.
Fact: The Metropolitan Transit System has identified surplus land available for development at
several locations under its ownership or control.
Fact: The Metropolitan Transit System is working with a housing developer to construct
affordable housing at its Beyer Boulevard Trolley Station.
Fact: YIGBY San Diego, a local group, is working with religious institutions in the San Diego
region to develop affordable housing on land owned or controlled by those institutions.
Fact: YIGBY San Diego is working with Bethel AME church, to build an affordable housing
development for veterans in the City of San Diego.
Fact: The Temer Center of Housing Innovation identified religious institutions as potentially
having land available for construction of affordable housing.
Finding 06: Both transit agencies in San Diego County (NCTD and MTS) have made land
available for development and are actively developing projects that include housing, among
other uses.
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
13
RECOMMENDATIONS
The 2022/2023 San Diego County Grand Jury recommends that the Chief Administrative
Officer of the County of San Diego, the Mayor and City Council for the City of San Diego,
and the City Managers of the cities of Carlsbad, Chula Vista, Coronado, Del Mar; -El
Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City,
Oceanside, Poway, San Marcos, Santee, Solana Beach, and Vista:
23-01:
23-02:
23-03:
23-04:
Consider, if they have not done so, using specific plans ( as def"med by
the Governor's Office of Planning and Research) to facilitate the
permitting and development of housing, particularly affordable
housing, in their jurisdictions.
Consider working with school districts and community college
districts within their jurisdictions to identify deveJopable land for
housing owned by districts within their boundaries.
Consider working with local religious institutions within their
jurisdictions to identify land developable for housing, particularly
affordable housing.
Consider drafting revenue-generating legislation at the jurisdiction
level, if feasible and legal e.g., the Seattle Jumpstart Tax. Monies
generated by such a tax to fund or assist in funding the construction
of housing, particularly affordable housing.
The 2022/2023 San Diego County Grand Jury recommends that the Chief Administrative
Officer of the County of San Diego, Mayor and City Counc~l of the City of San Diego, and
the City Managers of the cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon,
Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside,
Poway, San Marcos, Santee, Solana Beach, and Vista:
23-05:
23-06:
Consider providing legislative support to re-introducing in the State
Legislature SB 1105, or similar legislation, to create a San Diego
County agency that could raise revenue for housing.
Consider providing legislative support to SB4, which is currently
before the legislature. This bill makes it easier to provide affordable
housing on land owned by religious institutions.
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
14
The 2022/2023 San Diego County Grand Jury recommends that City Manager of the city of
Solana ~each: ·
23-07: Consider requesting proposals for development at the NCTD Coaster
Station property to include affordable housing.
The 2022/2023 San Diego County Grand Jury recommends that the Chief Administrative
Officer of the County of San Diego and the City Managers of the cities of Escondido, San
Marcos, Vista, Oceanside, and Carlsbad:
23-08: Continue working with the North County Transit to identify land
suitable for development of housing, particularly affordable housing,
at major transit stops including Coaster and Sprinter train and bus
lines as appropriate.
The 2022/2023 San Diego County Grand Jury recommends that the Chief Administrative
Officer of the County of San Diego and the City Managers of the cities of El Cajon, La
Mesa, Lemon Grove, National City, and Chula Vista:
23-09: Continue working with the Metropolitan Transit District to identify
land suitable for development of housing, particularly affordable
housing, at major transit stops including trolley and bus lines as
appropriate.
REQUIREMENTS AND INSTRUCTIONS
The California Penal Code §933(c) requires any public agency which the Grand Jury has
reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the
Superior Court on the findings and recommendations pertaining to matters under the control of
the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its
report (filed with the Clerk of the Court); except that in the case of a report containing findings
and recommendations pertaining to a department or agency headed by an elected County official
(e.g. District Attorney, Sheriff, etc.), such comment shall be made within 60 days to the
Presiding Judge with an information copy sent to the Board of Supervisors.
Furthermore, California Penal Code §933.0S(a), (b), (c), details, as follows, the manner in which
such comment(s) are to be made:
(a) As to each grand jury finding, the responding person or entity shall indicate one of the
following:
(1) The respondent agrees with the fmding
(2) The respondent disagrees wholly or partially with the finding, in which
case the response shall specify the portion of the finding that is
disputed and shall include an explanation of the reasons therefor.
(b) As to each grand jury recommendation, the responding person or entity shall rep01t
one of the following actions:
(1) The recommendation has been implemented, with a summary
regarding the implemented action.
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
15
(2) The recommendation has not yet been_implemented, hut will be
implemented in the future, with a time frame for implementation.
(3) The recommendation requires further analysis, with an explanation and
the scope and parameters of an analysis or study, and a time frame
for the matter to be prepared for discussion by the officer or head
of the agency or department being investigated or reviewed,
including the governing body of the public agency when
applicable. This time frame shall not exceed six months from the
date of publication of the grand jury report.
( 4) The recommendation will not be implemented because it is not
warranted or is not reasonable, with an e~planatign therefor.
( c) If a finding or recommendation of the grand jury addresses budgetary or personnel
matters of a county agency or department headed by an elected officer, both the
agency or department head and the Board of Supervisors shall respond if
requested by the grand jury, but the response of the Board of Supervisors shall
address only those budgetary or personnel matters over which it has some
decision-making authority. The response of the elected agency or.department
head shall address all aspects of the findings or recommendations affecting his or
her agency or department.
Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code
§933.05 are required from the:
Resl!onding Agenc::f Recommendations Date
Chief Administrative Officer, 23-01 through 23-06, 8/9/2023
County of San Diego 23-08 through 23-09
Mayor, City of San Diego 23-01 through 23-06 8/9/2023
City Council, City of San Diego 23-01 through 23-06 8/9/2023
City Manager, City of Carlsbad 23-01 through 23-06, 23-08 8/9/2023
City Manager, City of Chula Vista 23-01 through 23-06, 23-09 8/9/2023
City Manager, City of Coronado 23-01 through 23-06 8/9/2023
City Manager, City of Del Mar 23-01 through 23-06 8/9/2023
City Manager, City of El Cajon 23-01 through 23-06, 23-09 8/9/2023
City Manager, City of Encinitas 23-01 through 23-06 8/9/2023
City Manager, City of Escondido 23-01 through 23-06, 23-08 8/9/2023
City Manager, City oflmperial Beach 23-01 through 23-06 8/9/2023
16
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
Resnonding Agency Recommendations Date
City Manager, City of La Mesa 23-01 through 23-06, 23-09 8/9/2023
City Manager, City of Lemon·Grove 23-0l through 23-06, 23-09 · 8/9/2023
City Manager, City of National City 23-01 through 23-06, 23-09 8/9/2023
City Manager, City of Oceanside 23-01 through 23-06, 23-08 8/9/2023
City Manager, City of Poway 23-01 through 23-06 8/9/2023
City Manager, City of San Marcos 23-01 through 23-06, 23-08 8/9/2023
City Manager, City of Santee 23-01 through 23-06 8/9/2023
City Manager, City of Solana Beach 23-01 through 23-07 8/9/2023
City Manager, City of Vista 23-01 through 23-06, 23-08 8/9/2023
17
2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT (filed May 9, 2023)
July 26, 2023
Attachment B
( Cicyof
Carlsbad
Honorable Michael T. Smyth
Presiding Judge
San Diego County Superior Court
1100 Union Street
San Diego, CA 92101
RE: CITY OF CARLSBAD RESPONSE TO SAN DIEGO COUNTY GRAND JURY REPORT: "HOUSING IN SAN DIEGO
COUNTY"
Dear Judge Smyth:
Pursuant to California Penal Code.sections 933 and 933.05, the following specific responses are submitted
to you regarding the 2022-2023 Grand Jury Findings and Recommendations as reflected in Grand Jury
Report titled "Housing in San Diego County." Findings 1 and 2 as well as Recommendations 23-07 and 23-09
do not pertain to the City of Carlsbad i:)nd therefore do not require a response.
Finding 03
Response
Finding 04
Response
The following cities did not meet their housing allocations for all income
categories: Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas,
Escondido, Imperial Beach, La Mesa, National City, Oceanside, Poway, San Diego,
San Marcos, Santee, Solana Beach, and Vista.
The City of Carlsbad agrees with this finding, to the extent that it only applies to the
City of Carlsbad. It should be noted, however, that the Regional Housing Needs
Allocation (RHNA) is a process by which the state requires local jurisdictions to plan
for the construction of new homes and the affordability of those homes. The role of
the local agency is limited to planning for residential development, not the actual
construction of residential units. Delivery of residential units is, with few exceptions,
the role of private developers.
It is important to note that the City of Carlsbad, through the adoption of a certified
Housing Element, met its obligations to state law and demonstrated sufficient
planning of housing allocations for e.ach income category for the 5th Housing Element
cycle. Additionally, the City of Carlsbad also adopted a Housing Element for the 6th
cycle on Ap ril 6, 2021, that was determined to follow all the applicable state laws on
July 13, 2021, by the California Department of Housing and Community
Development. Even though the city has a limited role in the construction of new
units beyond the planning process, the city continues to support the development of
affordable housing through programs like its inclusionary housing ordinance.
The San Diego region failed to meet its housing allocations for each of the income
categories identified by SAN DAG in the Fifth RHNA Cycle.
The City of Carlsbad agrees with this finding.
Office of the City Manager
City of Carlsbad I 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 442-339-2820 t
Honorable Michael T. Smyth
July 26, 2023
Page 2
Finding 05
Response
Finding 06
Response
Recommendation
23-01
Response
Recommendation
23-02
Response
Specific plans are useful tools in spurring development, including housing
development, and have been used by El Cajon and Chula Vista among others.
The City of Carlsbad agrees with this finding to the extent that specific plans can
provide for predictable, orderly development in a given area. The City of Carlsbad
has extensively used Specific Plans and Master Plans in the provision of housing
within the city. Unless paired with a separate program for financing or
incentivization, however, the specific plan itself may not "spur development"
beyond any other code consolidation or streamlining effort.
Both transit agencies in San Diego County (NCTD and MTS) have made land
available for development and are actively developing projects that include
housing, among other uses.
The City of Carlsbad agrees with this finding. The City of Carlsbad has consulted with
NCTD on land use requirements and process as they make their land available for
development at their Carlsbad Village and Poinsettia Coaster Stations.
Consider, if they have not done so, using specific plans (as defined by the
Governor's Office of Planning and Research) to facilitate the permitting and
development of housing, particularly affordable housing, in their jurisdictions.
The City of Carlsbad supports this recommendation. The city currently contains eight
different privately initiated specific plan areas and will utilize this tool when
circumstances prove beneficial. While not a specific plan, the city initiated the
preparation of the Village and Barrio Master Plan to provide a roadmap for
development within the historic center of the city, which balances new development
(subject to the inclusionary housing ordinance) with the retention of naturally
occurring affordable housing units and unit types. Several affordable housing
projects have been built or are under construction in the Village and Barrio Master
Plan area in the past 10 years, including Tavarua, Pacific Wind, and Windsor Pointe
which added a total of 187 rent restricted units, including units for low income
families, seniors and severely mentally ill individuals experiencing chronic
homelessness.
Consider working with school districts and community college districts within their
jurisdictions to identify developable land for housing owned by districts within
their boundaries.
The City of Carlsbad supports this recommendation and is open to working with any
interested school districts and community college districts. To date, the city has
been able to accommodate sufficient capacity for housing units of all income
categories without relying on school district properties, but this could become an
additional opportunity for future housing cycles.
Honora ble Michael T. Smyth
July 26, 2023
Page 3
Recommendation
23-03
Response
Recommendation
23-04
Response
Recommendation
23-05
Response
Recommendation
23-06
Response
Consider working with local religious institutions within their jurisdictions to
identify land developable for housing, particularly affordable housing.
The City of Carlsbad supports this recommendation. The city's 6th Cycle Housing
Element contains a program laying the groundwork for such partnerships. Program
2.13 Objective J states the city will "[e]valuate the potential to allow for emergency
shelter or other temporary housing on properties owned by religious institutions."
As required under its certified housing element, staff presented their research and
recommendations to the Planning Commission on April 19, 2023, where the
Planning Commission received the report for further consideration. While staff's
research and recommendations were tailored to emergency shelters and temporary
housing, many of the potential opportunities and constraints for establishing t hese
housing types on religious institution properties would also apply to other forms of
affordable housing.
Consider drafting revenue-generating legislation at the jurisdiction level, if feasible
and legal e.g., the Seattle Jumpstart Tax. Monies generated by such a tax to fund
or assist in funding the construction of housing, particularly affordable housing.
The City of Carlsbad does not support this recommendation. Pursuant to Article XIIIC
of the California Constitution, all local taxes must be approved by a vote of the
electorate and cannot be imposed by local legislative action alone.
Consider providing legislative support to re-introducing in the State Legislature SB
1105, or similar legislation, to create a San Diego County agency that could raise
revenue for housing.
The City of Carlsbad does not support this recommendation. As established by the
city's 2023 Legislative Platform, the City of Carlsbad supports efforts to develop
financial support for programs which provide affordable housing; however, the city
opposes the framework outlined in SB 1105 due to concerns that: a) individual cities,
such as Carlsbad, are not guaranteed direct representat ion in the new agency, and
b) while the new agency would be empowered to impose taxes and fees on Carlsbad
residents and businesses, there is ho guarantee that those funds would be used to
produce affordable housing in Carlsbad.
Consider providing legislative support to SB 4, which is currently before the
legislature. This bill makes it easier to provide affordable housing on land owned
by religious institutions.
The City of Carlsbad does not support this recommendation. A guiding principle of
the city's adopted Legislative Platform is the maintenance of local control, including
a policy of opposing measures that seek to preempt local land use authority. SB4
goes against this guiding principle. As addressed in the city's responses to
Recommendations 23-02 and 23-03, the City of Carlsbad will consider working with
local school districts and has already investigated housing opportunities on land
owned by religious institutions. While the City of Carlsbad supports SB 4's intention
Honorable Michael T. Smyth
July 26, 2023
Page 4
Recommendation
23-08
Response
of reducing barriers to affordable housing, the city is dedicated to ensuring that it
maintains regt:1latory authority over zoning and redevelopment decisions.
Continue working with the North County Transit to identify land suitable for
development of housing, particularly affordable housing, at major transit stops
including Coaster and Sprinter train and bus lines as appropriate.
The City of Carlsbad supports this recommendation. The city has already
incorporated this recommendation as one of the strategies in its 6th Cycle Housing
Element. As identified within the element's potential housing sites, Sites 14 and 17
are owned by North County Transit District (NCTD) and are adjacent to the LOSSAN
rail corridor and the Carlsbad Village and Poinsettia rail stations, respectively. NCTD
is responsible for initiating and approving site development and has already started
the request for proposal process. NCTD anticipates that development could begin as
early as 2025. In addition, housing Site 2 is at the location of a regional bus hub
operated by NCTD, although this site is located within the city-owned parking lot of
the Shoppes at Carlsbad .
Thank you for your consideration. Please reach out if you have additional questions or would like to discuss
th ·ty's response 2023 Grand Jury Report on Housing in the San Diego County region as described in this
I ter
Scott Chadwick
City Manager