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.