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HomeMy WebLinkAbout2024-03-07; Housing Crisis Act (SB 330) Overview and Preliminary Applications (Districts - All); Barberio, GaryCouncil Memorandum March 7, 2024 To: From: Via: Geoff Patnoe, Assistant City Manager {city of Carlsbad Memo ID# 2024019 Re: Honorable Mayor Blackburn and Members of the City Council Gary Barberio, Deputy City Manager, Community Services Branch Jeff Murphy, Community Development~· ctor Housing Crisis Aet (SB 330) Overview an reliminary Applications (Districts -All) This is an update to the Council Memorandum dated January 12, 2023 (Attachment A), which provides information about Senate Bill (SB) 330, commonly referred to as the Housing Crisis Aet (HCA) of 2019 and a general overview of prospective housing development projects that are utilizing the allowances offered under this law. Background The California legislature first enacted the Housing Accountability Aet (HAA) in 1982 to help streamline permit approval processes and promote housing development throughout the state. Over the years, the state legislature passed various revisions and amendments to the HAA, but probably the most significant amendment occurred in 2019 with the passage of the HCA. The HCA is based on the idea that needed housing has largely already been planned for (zoned) by local jurisdictions. However, the housing is not getting built and the development community attributes the lack of housing production to growing regulatory requirements, permit processing delays, and excessive impact and service fees that get imposed on new development. In response, the HCA created several new procedures, mandatory processing timelines, and legislative !imitations on municipalities with the goal of streamlining the entitlement process by slashing the time and cost it takes to secure permits for housing t hat meets the local government's existing ru les. Essentially, the HCA mandates specific processing timelines and significantly limits the ability of a local government to deny a housing project that is consistent with local planning and zoning requirements. SB 330 also prohibits the city from enforcing housing caps as reflected in the city's Growth Management Plan (GMP) or imposing moratoriums or !imitations on housing development for exceedances of the GMP's established performance standards. For additional information on SB 330, an lnformational Bulletin has been developed that provides an overview of how the law affects the city's review and approval process of eligible housing developments (Attachment B). Co mmunity Services Branch Co mmunity Development Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 t Council Memo -Housing Crisis Aet (SB 330) Overview and Preliminary Applications March 7, 2024 Page 2 Discussion In addition to the above summarized legislative !imitations imposed on local cities, the HCA provides eligible housing development projects seeking discretionary approval enhanced streamlining and vesting protections1. As of this writing, the city has received a total of eight, preliminary applications for SB 330. The discretionary application for one project was approved (FPC Residential), two applications have expired (Ponto Beachfront and Cascade Verde) and five applications remain in process. • 4K APARTMENTS, In Process, Encinas Creek Apartments LLC., District 2 (SDP 2024-0004/HDP 2024-0002/HMP 2024-0003) The original application submitted in April 2021, SDP 2021-0021/HDP 2021-0004/HMP 2021-0007, was withdrawn. That project was fora 153-unit multiple-family residential apartment project. The revised project involves a 170-unit, 55.5-foot-tall, four-story, multiple-family residential apartment project on a 7.54-acre parcel generally located approximately 1,200 lineal feet south-east of the corner of Cannon Road and College Boulevard. The project has a proposed density of 22.5 dwelling units per acre. The applicant is requesting a 50% state density bonus and proposes 28 low-income inclusionary housing units (24% of base units; 16.5% of total number of units). To provide access to the site, the project also includes a request to construct an extension to College Boulevard Reach "A" from the current northerly terminus located at the intersection with Cannon Road. The SB 330 application was accepted as complete on August 23, 2023. Discretionary perm it applications were submitted on February 16, 2024. The applications are currently under staff review. • PONTO BEACHFRONT, Expired, Planning Systems, District 4 (CT 2021-0004/PUD 2021-0009/SDP 2021-0022/CDP 2021-0055/HMP 2021-0008) The development application involves development of a mixed-use project on a 11.04- acre (gross) site generally located near the northeast corner of Avenida Encinas and Carlsbad Boulevard with Ponto Drive traversing the property. Residential development of 136 multifamily condominium units, at 21.6 dwelling units per acre on 6.28 acres (net), is proposed on the east side of Ponto Drive; and commercial (retail and restaurant) and open space (habitat restoration and preserve) development is proposed on 3.03 acres (net) on the west side of Ponto Drive. The project is proposing that 20% of the residential units (28 units) be made affordable onsite to low-income households. The application was originally submitted in April 2021, but never resubmitted following the city's comment letter issued a month later. Because the applicant failed to timely 1 Vesting rights limit the city to only applying those ordinances, policies, regulations, fees, and development standards that are in place at the time the preliminary application was filed. This applies to the entirety of the entitlement process. Council Memo -Housing Crisis Aet (SB 330) Overview and Preliminary Applications March 7, 2024 Page 3 resubmit, the vesting protections under the HCA have expired. However, all other HAA provisions and protections still apply. An application could resubmit fora new application under the existing General Plan designation of R-23 (Residential, 15 to 23 dwelling units per acre) for the portion of land located east of Ponto Drive, and GC (General Commercial) for the portion of land located west of Ponto Drive. • FPC RESIDENTIAL, Approved, H.G. Fenton, District 4 (SDP 2022-0003/CDP 2022-0023) The proposal involves a residential project on 4.64 acres, located at 7200, 7290 and 7294 Ponto Drive. The proposed residential project consists of 86 multifamily residential apartment units in a mix of two-and three-story townhome style buildings, at a density of 18.5 dwelling units per acre. The two-story units are 30 feet in height. The three-story units are 35 feet in height with same buildings extending up to 45 feet at stair tower locations. The proposed project includes a 27.5 percent density bonus request with a requirement to provide 13 units affordable to low-income households. The application fora Site Development Permit was received in March 2022 and the Planning Commission approved the project on May 3, 2023. Demolition permits have been issued to raise the buildings at the site. Grading and Building Permits are pending, but grading and construction work are expected to start in Spring 2024. • CARLSBAD VILLAGE MIXED USE, In Process, Tooley lnterests LLC, District 1 (SDP 2023-0014) The project involves the redevelopment of the Smart & Final Shopping Center located at the southwest corner of Carlsbad Vil lage Drive and lnterstate-5. The proposal includes a mixed-use development on a 4.12-acre (net) site consisting of 219 multi-family residential apartment units at 53.1 dwelling units per acre. The preliminary application shows a residential development supported by a large parking garage adjacent to the lnterstate-5 Freeway and 13,800 square feet of commercial space. The project is proposing a 50% density bonus component, which is proposing to provide 27 units affordable at the very low-income level, which is consistent with State law to provide 15% of the base density units at that income level and compliant with the city's inclusionary housing requirements. The application was submitted in May of 2023 and is currently scheduled to be considered by the Planning Commission in Summer 2024 and City Council in Fall 2024. • JUNIPER COAST HOMES, In Process, RREG INVESTMENTS LLC, District 1 (CT 2023-0005/CDP2023-0058/PUD2023-0007) The application involves a residential project on 0.90 acres, located at 270Juniper Avenue. The proposal includes 21 condominium units, including a 5% density bonus and ane low-income inclusionary housing unit. A total of ane concession and five waivers to the development standards are proposed in conjunction with the density bonus Council Memo -Housing Crisis Aet (SB 330} Overview and Preliminary Applications March 7, 2024 Page 4 request. A total of 48 vehicular parking spaces are proposed through a combination of visitor and private garage parking. The application was submitted in November of 2023 and is anticipated to proceed to Planning Commission in Summer of 2024. • CARLSBAD VILLAGE SQUARE, In Process, Kirk Moeller Architects, Ine., District 1 (CT 2023-0002/CDP 2023-0053/SDP 2023-0031} The project involves the redevelopment of the 0.17-acre (gross) Choice Juicery/Crackheads site located at the northwest corner of State Street and Carlsbad Village Drive. The project includes the construction of a 45-foot-tall, four-story mixed- use condominium building with 2,978 square feet of restaurant/retail commercial on the first floor (unit 1}, and five residential units (units 2-6} ranging from 1,945 square feet to 3,587 square feet on floors two through four. The project is not providing the complete normally required parking pursuant to Assembly Bill 2097 (AB 2097) and is proposing to provide parking lifts for eight parking spaces (two per lift) as well as ane ADA space fora total of nine parking spaces. The project is not a density bonus project. The application was originally submitted in October 2023 and is currently on schedule to be considered by the Planning Commission in Fall 2024 and City Council in Winter 2024. • ALICANTE APARTMENTS, In Process, Lanshire Housing Partners, LLC, District 3 (SDP 2024-0003/HMP 2023-0002/HDP 2024-0001) The 3.68-acre site was previously approved fora 35-unit condominium development project ca I led Cascada Verde. The applicant informed city staff that the project is no longer feasible. The revised project includes 106 residential units, at 28.8 dwelling units per acre on 6.28 acres (net). The project is proposing that 13% of the residential units (14 units) be made affordable onsite to very low-income households. The site is generally located near the northeast corner of Altisma Way and Alicante Road. The SB 330 application and discretionary permit applications were submitted on February 16, 2024. Both the SB 330 application and discretionary permit applications are currently under staff review and may change as staff checks the project design and density calculations. A previous project titled Cascade Verde on the site had a preliminary application SB 330 submitted on July 27, 2023. However, discretionary permits were not submitted prior to the 180-day perm it and the original SB 330 application expired. Council Memo -Housing Crisis Aet (SB 330) Overview and Prelimin ary Applicat ions March 7, 2024 Page 5 Next Steps Staff will continue to process the above referenced development projects consistent with state and local laws and policies. Attachment: A. Council Memorandum dated January 12, 2023 B. lnformational-Bulletin 1B-132 cc: Scott Chadwick, City Manager Cindie McMahon, City Attorney Alegra Frost, Senior Assistant City Attorney Mike Strong, Assistant Director of Community Development Eric Lardy, City Planner Cliff Jones, Principal Planner To the members of the: CITY COUNCIL Date ' {1 ,./z.!, CA V CC ✓ CM __l,L ACM j(DCM (3) L January 12, 2023 Council Memorandum To: From: Honorable Mayor Blackburn and Members of the City Council Gary Barberio, Deputy City Manager, Community Services Branch Jeff Murphy, Community Development p ii:~ctor Via: Geoff Patnoe, Assistant City Manager ~ Attachment A {cityof Carlsbad Memo ID# 2023003 Re: Housing Crisis Aet (SB 330) Overview and Preliminary Applications (Districts -All) A handful of important state housing laws have been passed by the California legislature in recent years, including Senate Bill (SB) 330, commonly referred to as the Housing Crisis Aet (HCA) of 2019. This memorandum provides information about the HCA and a general overview of prospective housing development projects that are utilizing the allowances offered under this law. Background The California legislature first enacted the Housing Accountability Aet (HAA) in 1982 to help streamline perm it approval processes and promote housing development throughout the state. Over the years, the state legislature passed various revisions and amendments to the HAA, but probably the most significant amendment occurred in 2019 with the passage of the HCA. The HCA is based on the idea that needed housing has largely already been planned for (zoned) by local jurisdictions. However, the housing is not getting built and the development community attributes the lack of housing production to growing regulatory requirements, perm it processing delays, and excessive impact and service fees that get imposed on new development. In response, the HCA created several new procedures, mandatory processing timelines, and legislative !imitations on municipalities with the goal of streamlining the entitlement process by slashing the time and cost it takes to secure permits for housing that meets the local government's existing rules. Essentially, the HCA mandates specific processing t imelines and significantly limits the ability of a local government to deny a housing project that is consistent with local planning and zoning requirements. SB 330 also prohibits the city from enforcing housing caps as reflected in the city's Growth Management Plan (GMP) or imposing moratoriums or !imitations on housing development for exceedances of t he GMP's established performance standards. For additional information on Community Services Branch Community Development Department 1635 Faraday Ave I Carlsbad, CA 92008 I 442-339-2600 t Council Memo -Housing Crisis Aet {SB 330} Overview and Preliminary Applications January 12, 2023 Page 2 SB 330, an lnformational Bulletin has been developed that provides an overview of how the law affects the city's review and approval process of eligible housing developments 1. Discussion In addition to the above summarized legislative !imitations imposed on local cities, the HCA provides eligible housing development projects seeking discretionary approval enhanced streamlining and vesting protections2. As of this writing, the city has received four preliminary applications that are processing under the HCA allowances. • 4K APARTMENTS, Encinas Creek Apartments LLC., District 2 {SDP 2021-0021/HDP 2021-0004/HMP 2021-0007} The project involves a 153-un it multiple-family residential apartment project, at 20.2 dwelling units per acre on a 7.54-acre parcel. The project is requesting a 35% state density bonus and is proposing that 20% of the units (23 units) will be made affordable to lower income families. The project site is located approximately 1,200 lineal feet south-east of the corner of Cannon Road and College Bouleva rd. The application was originally submitted in Ap ril 2021 and went through three comment reviews. The last comment letter was issued in early summer last year. Because the applicant failed to timely resubmit their application within the state established deadline, the vesting protections under the HCA have expired. However, all other perm it streamlining provisions and protections provided under the HAA still apply. • PONTO BEACHFRONT, Planning Systems, District 4 (CT 2021-0004/PUD 2021-0009/SDP 2021-0022/CDP 2021-0055/HMP 2021-0008) The development application involves development of a mixed-use project on a 11.04- acre (gross) site generally located near the northeast corner of Avenida Encinas and Carlsbad Boulevard with Ponto Drive traversing the property. Residential development of 136 multifamily condominium units, at 21.6 dwelling units per acre on 6.28 acres {net), is proposed on the east side of Ponto Drive; and commercial {retail and restaurant) and open space {habitat restoration and preserve) development is proposed on 3.03 acres {net) on the west side of Ponto Drive. The project is proposing that 20% of the residential units (28 units) be made affordable onsite to low-income households. The application was originally submitted in April 2021, but never resubmitted following the city's comment letter issued a month later. Like the 4K Apartments, because the applicant failed to timely resubmit, the vesting protections under the HCA have expired. However, all other HAA provisions and protections still apply. 1 IB-132: SB 330 Housing Crisis Aet (https://www.carlsbadca.gov/home/showpublisheddocument/8166/63772S763890630000) 2 Vesting rights limit the city to only applying those ordinances, policies, regulations, fees, and development standards that are in place at the time the preliminary application was filed. This applies to the entirety of the entitlement process. Council Memo -Housing Crisis Aet (SB 330) Overview and Preliminary Applications January 12, 2023 Page 3 ø FPC RESIDENTIAL, H.G. Fenton, District 4 (SDP 2022-0003/CDP2022-0023) The proposal involves a residential project on 4.64 acres, located at 7200, 7290 and 7294 Ponto Drive. The proposed residential project consists of 86 multifamily residential apartment units in a mix of two-and three-story townhome style buildings, at a density of 18.5 dwelling units per acre. The two-story unit s are 30 feet in height. The three-story units are 35 feet in height with some buildings extending up to 45 feet at stair tower locations. The proposed project includes a 27.5 percent density bonus request with a I requirement to provide 13 units affordable to low-income households. The application was received in March 2022 and is currently on schedule to be considered by the Planning Commission in Spring 2023. SMART AND FINAL SITE, Tooley lnterests LLC, District 1 (PRE 2022-0059) The preliminary application involves the redevelopment of the Smart & Final Shopping Center located at the southwest corner of Carlsbad Village Drive and lnterstate-5. The proposal includes a mixed-use development on a 4.12-acre (net) site consisting of 219 multi-family residential apartment units at 53.1 dwelling units per acre. The preliminary application shows a residential development supported by a large parking garage adjacent to the lnterstate-5 Freeway and 13,800 square feet of commercial space. The project is proposing a 50 percent density bonus component, which is proposing to provide 27 units affordable at the very low-income level, which is consistent with St ate law to provide 15 percent of the base density units at that income level and compliance with the city's inclusionary housing requirements. The preliminary application was submitted in November of 2022 and the response letter was issued on Dec. 27, 2022. Under the HCA, the applicant has 90-days following the response on the preliminary application (March 2023) to formal ly submit a development application and retain its vesting protections. Next Steps Staff will continue to process the above referenced development projects consistent with state and local laws and policies. cc: Scott Chadwick, City Manager Cindie McMahon, City Attorney Ron l(emp, Senior Assistant City Attorney Mike Strong, Assistant Director of Community Development Eric Lardy, City Planner Cliff Jones, Principal Planner Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov SB-330 Housing Crisis Act IB-132 CA Senate Bill 330 (SB-330) amended a number of statutory provisions and added Gov. Code § 66300, commonly referred to as the Housing Crisis Act of 2019 (HCA), which became effective on Jan. 1, 2020. This Info-Bulletin provides an overview of how the HCA affects the city’s review and approval of eligible housing developments. The bulletin has been updated consistent with SB-8 (effective Jan. 1, 2022). BACKGROUND The HCA is based on the idea that needed housing has largely already been planned for by local jurisdictions. According to a 2019 report prepared by UCLA Lewis Center for Regional Policy Studies, cities and counties in the state have collectively approved zoning for roughly 2.8 million new housing units. However, the housing is not getting built. The development community contributes the lack of housing production to growing regulatory requirements, permit processing delays, and excessive impact and service fees that get imposed on new development and growth. In response, HCA created a number of new procedures and legislative limitations on municipalities with the goal of streamlining the entitlement process by slashing the time and costs it takes to secure permits for housing that meets the local government’s existing rules. The following sections provide information on some of the more important provisions of the HCA. It should be noted that the HCA is currently intended to apply to housing developments projects which have submitted a preliminary application before Jan. 1, 2030, and the HCA, as a whole, sunsets on Jan. 1, 2034. PROJECT ELIGIBILITY Projects that are located outside of California Department of Forestry and Fire Protection’s (CALFIRE) mapped “Very-High Fire Severity” zones (Gov. Code §51178) and meet the following definitions of Housing Development are eligible for benefits afforded under the HCA (Gov. Code §65589.5(h)(2)). •Residential unit projects consisting of two or more units (including a single-family residence and Accessory Dwelling Unit); or, •Mixed-use development consisting of residential and nonresidential uses with at least two-thirds of the square footage of the project designated for residential use; or, Documents Referenced The Housing Crisis Act; SB 330 Government Code §65589.5 Government Code §51178 Government Code §65582(j) and (h) Government Code §65650 Government Code §65950 Government Code §65913.4 Government Code §65941.1 Government Code §66300 Prelim Housing Development (SB-330) Pre- Application; P-32 State Density Bonus Law, IB-112 Density Bonus Supplemental Checklist; P-1(H) Informal Preliminary Review Request Form; P-14 Master Fee Schedule CMC Title 21 Definitions; §21.04 Carlsbad Growth Management Plan Webpage Attachment B Page 2 of 5 IB-133_SB330 Housing Crisis Act Dec. 2023 •Transitional Housing or Supportive Housing project (see definitions of each term in Gov. Code §65582(j) and (h), §65650, and Carlsbad Municipal Code (CMC) Title 21 Chapter 21.04). APPLICATION PROCESSES Preliminary Housing Development Pre-Application Eligible projects that seek the vesting and processing benefits offered under SB-330 are first required to submit a Preliminary Housing Development (SB-330) Pre-Application, which the city refers to as the SB-330 Pre-App (Form P-32), and a Density Bonus Application, if applicable (Form P-1(H)). The application needs to include information and supporting documentation as required in the SB-330 Pre-App (Gov. Code §65941.1(a)), as well as payment of the permit fee; charged as a “Preliminary Plan Review – Minor.” The fee is $240 (FY 2021-22) but refer to the city’s master fee schedule for the most current fees. The application materials are reviewed by city staff at a filing appointment to determine whether the required submittal items are present so the city can accept the submittal and “deem complete” the application. While not required under state law, deemed complete applications will be approved (signed) by staff at the filing appointment. An approved application allows a development project to be submitted under the permit streamlining provisions of SB-330, and generally limits the city to only applying those ordinances, policies, rules, regulations, fees (excluding annual adjustments), and development standards that are in place on the date the SB-330 Pre-App was approved. (Gov. Code §65589.5(o)(1)) Discretionary Permit Application The SB-330 Pre-App is not intended to represent an in-depth analysis of the proposed project and does not take the place of required discretionary applications and approvals. The project is still subject to all required discretionary permits, processing procedures, hearings and timelines governed by state law, including the California Environmental Quality Act (CEQA) and the Coastal Act. Development applications must be submitted within 180 days from submittal of the Pre-App. State law requires public agencies to determine the completeness of a development application within 30 days based on specific contents of the application, rather than information deemed relevant by the individual planner. If the city does not make this determination within 30 days, the application is automatically deemed complete. If a project application is determined incomplete, the city is required to provide the applicant with a list of items that were not complete. The list must be limited to those items actually specified on the city’s application submittal requirement checklist. Furthermore, the city cannot request that the applicant provide any new information that was not stated in the initial list of items that were listed as incomplete. This does not preclude the city from requesting additional information as part of the CEQA process. (CEQA Guidelines §§ 15060, 15084.) Once the discretionary permit application is deemed complete, for residential developments proposing 150 units or fewer, the city has 30 days from the date that an application is deemed complete to determine whether the project is IB-133_SB330 Housing Crisis Act Dec. 2023 Page 3 of 5 “deemed consistent” with applicable plan, program, policies, ordinances, and standards. Cities have 60 days for residential developments proposing greater than 150 units. (Gov. Code §65589.5(j)(2)(A).) Different timelines apply for ministerial applications. (Gov. Code §65913.4(c)(1).) Failure to meet this deadline automatically deems the project consistent. Following certification of an Environmental Impact Report (EIR), jurisdictions generally have 90 days, to approve or disapprove the project. For low- income projects seeking tax credits or public funding, that time frame is 60 days. Following approval of a Negative Declaration or a CEQA Exemption, jurisdictions have 60 days to approve or disapprove the project. (Gov. Code §65950.) IMPORTANT TIMELINES FOR APPLICANT To retain the benefits granted through the SB-330 Pre-Application process, a project must meet the following timelines and project thresholds: •The application must be filed with the city’s Planning Division and deemed complete prior to filing a formal application requesting approval of any discretionary action for an eligible housing development project. •If the SB-330 Pre-App for the development project is not deemed complete at the filing appointment, the applicant shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. •Once the city accepts a complete SB-330 Pre- App, the applicant has 180 calendar days from the acceptance date to submit a discretionary permit application to the city for processing. •The project proposed in the discretionary permit application can deviate by no more than 20 percent from the project reflected in the SB-330 Streamline Application (exclusive of any increase resulting from the receipt of a density bonus, concession, waiver, or similar provision). (Gov. Code § 65941.1(c).) •If the applicant does not submit the requested information to address an incomplete Pre-App within the 90-day period, or a formal application is not received within the 180-day period from pre-application acceptance, then the SB-330 Pre-App shall expire and have no further force or effect. (Gov. Code §65941.1(d)) •Construction of the project must commence within three and one-half (3½) years following the date that the formal discretionary project receives final approval. “Final approval” includes all necessary approvals (including other agencies’ approvals and permits) to be eligible to obtain building permits, and all appeal periods or statutes of limitations have been exhausted or resolved in favor of the housing development project. (Gov. Code § 65589.5(o)(2)(D)) IMPORTANT JURISDICTIONAL LIMITATIONS As previously noted, SB-330 was intended to help the state address the housing supply crisis by removing barriers to the approval process for residential and mixed-use projects. Below are some of the more significant provisions of the HCA that limit the city’s land use authority. •Cities may only apply those rules, regulations, fees and development standards that are in place on the date the SB-330 Pre-App was deemed complete. •Cities are prohibited from enforcing caps on housing development. As such, the citywide and quadrant housing caps listed in the city’s Growth Management Plan (GMP) cannot be applied to new housing development projects, Page 4 of 5 IB-133_SB330 Housing Crisis Act Dec. 2023 as documented in City Council Resolution No. 2021-074. •Cities are prohibited from enacting a development policy, standard, or condition that would have the effect of imposing a moratorium or limitation on housing development, unless the city finds that there is an imminent threat to the public health and safety. As discussed in Resolution No. 2020- 104, 2020-208, No. 2021-003, these limitations have prevented the city from adopting moratoria in response to exceedances of the city’s Growth Management Plan Performance Standards. •Only objective design standards can be applied to eligible housing development projects. Development standards that are subject to interpretation and subjective in nature cannot be applied to the project. •Cities are limited to holding no more than five hearings on housing development projects which comply with applicable objective standards after development applications have been found complete. A “hearing” covers any public hearing, workshop, or similar meeting that is held by the City Council, Planning Commission, or other departments. If the city continues a hearing, the continued hearing counts as one of the five hearings. These provisions do not apply to projects requesting legislative approvals. •The City Council generally cannot deny a Housing Development project unless it is able to make written findings, pursuant to Gov. Code §65589.5(d), based on the preponderance of the evidence in the record that either: o The city has already met its Regional Housing Needs Assessment (RHNA) requirement; o There is a specific adverse impact upon the public health or safety and this impact cannot be mitigated; o Approval of the project would violate State or Federal law and this violation cannot be remedied; or, o The project is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, o The project does not have adequate water or wastewater facilities to serve the project. o The project is inconsistent with the zoning ordinance and general plan land use designation. NO NET-LOSS OF UNITS In addition to the items listed above, HCA generally limits a city’s ability to reduce the permitted residential density below that in place on January 1, 2018 without concurrently increasing density on other property. This is referred to as the “no net- loss” provision. (Gov. Code, §66300(b)(1)(A).) SB-8, which becomes effective January 2022, clarified the definition of “concurrent” in the HCA to mean the action is approved at the same meeting of the legislative body. However, if the action that would result in a net loss is requested by an applicant for a housing project, “concurrently” means “within 180 days.” PRE-APPLICATION REVIEW (OPTIONAL) Early consultation with the city is strongly recommended since codes, standards and housing requirements may apply to your project that could affect the anticipated scope of a project. Although it is not required, staff recommends applicants informally discuss their preliminary review application with Staff (P-14) to obtain input PRIOR IB-133_SB330 Housing Crisis Act Dec. 2023 Page 5 of 5 to submitting a Preliminary Housing Development (SB-330) Pre-Application (Form P-32). This review could assist in scoping the development project, may provide a road map for what discretionary applications will be required, and may raise important issues of concern as the project design is developed. This will help further streamline the review process, consistent with the intent and purpose of the HCA. YOUR OPTIONS FOR SERVICE To schedule an appointment or to learn more about this process, please contact the Planning Division at 760-602-4610 or via email at Planning@carlsbadca.gov.