CA Review __AF__
Meeting Date: Nov. 19, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Eric Lardy, City Planner
[email protected], 442-339-2712
Subject: Implementation program for the Carlsbad Tomorrow Growth Management Citizens Committee’s recommendations to amend the city’s Growth Management Program
Districts: All
Recommended Action
Adopt a resolution approving the implementation program for the Carlsbad Tomorrow Growth Manageme
nt Citizens Committee’s recommendations to amend the Growth Management Program.
Executive Summary
In March 2022, the City Council formed the
Carlsbad Tomorrow Growth Management Citizens
Committee, a resident-led advisory committee to
initiate work on the City Council’s goal to develop
an updated approach to manage growth in
Carlsbad. The committee’s mission was to conduct
a balanced consideration of a range of perspectives
on issues affecting the future growth and quality of
life in Carlsbad. Additionally, the committee sought
to identify the key elements of a new plan to
manage growth in Carlsbad in a way that maintains
an excellent quality of life while also complying
with state law.
Over the course of 15 meetings between March
2022 and April 2023, the committee learned about
and discussed each of the existing Growth
Management Program’s 11 public facility
performance standards. Performance standards
refer to the level of service for public facilities, such as roads, sewer pipes, parks and libraries, that need to be maintained to meet the needs of residents and businesses and ensure Carlsbad’s excellent quality of life.
Nov. 19, 2024
Item #12 Page 1 of 22
,CITY ,COUNCH .
Staff Report
Carlsbad --~
TOMORR W
Growth Management Citizens Committee
FINAL REPORT
APRIL2023
On April 20, 2023, the committee completed its work and the committee’s recommendations (attached to Exhibit 2) were presented to the City Council on July 18, 2023. The following summarizes the committee recommendations that the City Council directed staff to address.
1. C ommittee recommendation: Keep, modify or remove existing public facility performance standards, as specified in the committee’s final report (attached to Exhibit 2).
City Council direction: The City Council directed staff to return to the City Council with an implementation program and options to update the Growth Management Program consistent with the committee's recommendations three months after the completion of the Housing Element Rezone Program.
Status: The subject of this staff report is to request Ci ty Council approval of an
implementation program (Exhibit 1) to implement the committee’s recommendations to keep, modify or remove existing public facility performance standards.
2. Committee recommendation: R
etain the existing park standard and evaluate the feasibility of creating and implementing a distance-based standard to any publicly accessible park.
City Council direction: The City Council did not direct staff regarding the park standard at the July 18, 2023, meeting. Staff stated that more information about a distance-based standard would be provided to the City Council in September 2023 as part of the Parks and Recreation Department Master Plan, and the City Council could direct staff at that time.
At the S ept. 26, 2023, City Council meeting, as part of the presentation on the Parks and Recreation Department Master Plan, staff provided information related to the proximity of recreation facilities to residential areas throughout the city. The City Council did not direct staff to further pursue creation of a distance-based park standard.
Status: C
ompleted . No direction to pursue the matter further. (Not a part of the proposed implementation program).
3. Committee recommendation: Due to increased project costs since 1982, when voters approved a $1 million General Fund expenditure limit through Proposition H, consider a ballot measure to increase the limit and index it to something like the Consumer Price Index so that it can increase over time.
City Council direction: The City Council directed staff to bring back options to address Proposition H, which may include placing a measure on the ballot.
Status: Completed. The City Attorney’s office presented options to the City Council on May 14, 2024, and returned to the council on June 11, 2024, and June 18, 2024, with a ballot measure to amend Proposition H. (Not a part of the proposed implementation program.)
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Item #12 Page 2 of 22
Explanation & Analysis
Growth Management Program
The city’s Growth Management Program was created in the late 1980s and is largely credited with maintaining the city’s excellent quality of life, well-planned infrastructure and financial health over the past 35+ years. It consists of the following documents:
• The city’s Growth Management Ordinance
o Carlsbad Municipal Code Chapter 21.90 specifies the city’s growth management requirements, which include providing public facilities concurrent with development and limiting the number of homes in the city. • The Citywide Facilities and Improvements Plan
o Identifies the performance standards for 11 public facilities. • 25 Local Facility Management Zones and Plans
o The city is divided into 25 local facility management zones, each of which has a local facility management plan that identifies the public facilities needed for development in the zone, how and when the facilities will be provided, and how they will be funded.
• A ballot measure approved by voters (Proposition E)
o Approved by voters in November 1986, Proposition E requires public facilities to be provided concurrent with development and established limits on the number of homes in the city.
In recent years, new state laws have been passed that render some parts of the city’s Growth Management Program unenforceable, including the city’s ability to enforce a limit on how many new homes can be built in the city. In April 2021, the City Council adopted Resolution No. 2021-074 (Exhibit 3), which finds that state laws preempt the city from implementing residential growth management plan caps, residential quadrant limits and residential density control points.
Carlsbad Tomorrow Growth Management Citizens Committee
A goal of the City Council for fiscal year 2021-2022 was to engage the community through a citizens committee to create a new plan to manage growth in Carlsbad in a way that maintains an excellent quality of life while also complying with state law. This is also reflected as an objective to help maintain Carlsbad’s unique community character in the City Council’s 5-Year Strategic Plan. To begin work on this goal, the City Council formed a resident-led committee comprised of 19 primary and 19 alternate members. The committee met 15 times from March 2022 to April 2023.
The committee’s charter stated:
The committee’s work will conclude with a committee-supported report recommending to the City Council the key elements of what should be included in a new plan to manage growth and achieve an excellent quality of life while maintaining compliance with state law. The City Council will consider the committee’s recommendations and direct the next steps to create a new growth management plan.
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Item #12 Page 3 of 22
Committee recommendations on growth management standards The Growth Management Plan contained performance standards for 11 public facilities.
Of these existing 11 public facility performance standards, the committee recommended keeping seven as they are, modifying the water distribution system and open space standards and removing the standards for wastewater treatment capacity, city administrative facilities, fire, and schools, which the committee considered to already have plans in place to ensure the city’s needs are met in the future.
Current growth management
public facility
Committee’s
recommendation
Libraries Keep as is
Parks Keep as is
Circulation (mobility) Keep as is
Drainage Keep as is
Sewer collection system Keep as is
Water distribution system Modify
Open space Modify
Wastewater treatment
capacity Remove
City administrative facilities Remove
Fire Remove
Schools Remove
The committee’s report, Exhibit 2, provides more detailed information on the existing public facility standards, the committee’s recommended changes and its rationale.
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Item #12 Page 4 of 22
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Implementation of committee recommendations
Staff has prepared an implementation program (Exhibit 1) that identifies the tasks needed to implement the committee recommendations to keep, modify or remove existing public facility performance standards. Tasks 1 and 2 will be initiated after City Council approval of the implementation program. Tasks 3 and 4 will be initiated after City Council approval of a consultant contract (Task 1).
Task # Task Estimated timing Estimated cost
1 Obtain consultant services for tasks
3 and 4
Prepare scope of work
Release request for proposals
Contract approval
Six to nine months
(after approval of
implementation
program) to return to
City Council with
professional services
agreement
See Tasks 3 and 4
2 Review and update:
Citywide Facilities and
Improvements Plan
General Plan
Zoning Ordinance
City Council Policy 431
12 to 18 months (after
approval of
implementation
program) to return to
City Council with
recommended
amendments
Staff time. No
additional cost.
3 Evaluate and recommend changes
to:
All public facility development
impact fees2
City Council Policy 173
Tax required on new
construction by Carlsbad
Municipal Code Section 5.09
24 months (after
approval of consultant
contract) to return to
City Council with
recommended
amendments
$100,000-
$120,000
4 Review and update:
The local facilities management
plans for the sites rezoned in
2024 as part of the update of the
General Plan’s Housing Element.
These sites are in local facilities
management zones 1, 3, 5, 15,
17, 18, 22 and 23 (Exhibit 4).
Two to four years (after
approval of consultant
contract).
$320,000-
$420,000
1 City Council Policy 43 set the city’s policy for the number and criteria for allocating “excess” dwelling units, those that become available when residential projects are built with fewer dwelling units that would have been allowed by the Growth Management Plan.
2 A public facility development impact fee is a one-time charge imposed on new development projects to help cover the cost of building or expanding public facilities 3 Policy 17 established the requirements necessary to satisfy the Public Facilities Element of the city’s General Plan.
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Item #12 Page 5 of 22
New level of service standard for circulation
The Growth Management Plan had a standard for circulation that called for the city to build and maintain a comprehensive livable streets network that serves all users. The committee did not recommend changing that standard. However, separate from implementation of the committee’s recommendations, the Public Works Department is preparing guidance and a methodology to implement a new level of service standard for all forms of transportation. This work will be presented to the City Council in 2025 and followed by a report to the Traffic Safety & Mobility Commission. With the City Council’s approval of the methodology, staff will prepare an update to the Circulation standard that will be consistent with the methodology, as needed.
Relationship to the current Housing Element
California law requires that all cities demonstrate how they will meet the housing needs of everyone in the community with a Housing Element as part of their General Plans. In April 2021, the City Council approved and in July 2021 the state certified Carlsbad's housing plan, the General Plan’s Housing Element. This plan details how Carlsbad will accommodate projected housing needs through 2029.
State law has forced changes in how the city can enforce the current Growth Management Program. Senate Bill 330, the Housing Crisis Act of 2019, prohibits local jurisdictions from imposing moratoriums on housing development and using residential housing caps or other limits to regulate the number of housing units built in a jurisdiction. This preempted the moratorium requirements and residential housing caps in the current program. The city came into compliance with the Housing Crisis Act in April 2021 when the City Council adopted a resolution (Resolution No. 2021-074) that suspended the residential housing caps and moratorium provisions of the current Growth Management Program.
The city’s housing plan includes this policy (Policy 10-P.15): “Work with the community to modify or replace Measure E (Growth Management Program) relative to the residential growth caps and development moratorium to be in compliance with SB330.” The Carlsbad Tomorrow Growth Management Citizens Committee’s work was the first step in implementing that policy.
The housing plan also contains numerous other programs that must be implemented.
Program 1.1 requires the city to rezone property as necessary to accommodate the city’s Regional Housing Needs Assessment, which establishes the number of homes needed to accommodate forecasted growth through 2029, the end of the current housing planning period.
Program 1.1 was completed on Jan. 30, 2024, when the City Council approved the rezoning program. (Resolution No. 2024-015) Now that the rezoning effort has been completed, the city can estimate the number of housing units remaining to be built under the General Plan and can identify the necessary revisions needed to the citywide Growth Management Program and the directly affected local facilities management zones and the respective local facilities management plans.
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Linking future Housing Element Updates to evaluation of Growth Management Program The implementation program provided as Exhibit 1 also includes a Task 5, which is a future task related to the next Housing Element Update. The current Housing Element plans for the city’s housing needs through 2029. An updated Housing Element will be required to plan for the city’s housing needs through the next housing cycle, which will be the seventh cycle and typically cover an eight-year timeframe. It is anticipated that the next Housing Element update will require another rezoning program to again increase the number of housing units allowed in the city to accommodate the new regional housing needs assessment. Increasing the number of homes impacts the city’s public facility needs and planning.
Because of this correlation, staff recommend that the adequacy of the Growth Management Program, particularly the adequacy of public facility standards, be evaluated concurrently with each update of the Housing Element, beginning with the next one, for the seventh cycle.
Currently, with the adoption of Assembly Bill 1730 in 2019, the city will be required to adopt the seventh cycle revision to the Housing Element within 18 months of the San Diego Association of Governments’ adoption of its update to the Regional Transportation Plan in 2029. Therefore, it is estimated that the updated plan will be due between July 2030 and June 2031. This is reflected in the proposed implementation program (Exhibit 1, Task 5). The 2029 Housing Element update will need to begin two to three years before April 2029 to be completed on time.
Community Engagement
The city’s Communication & Engagement team will work with the selected consultant to develop an outreach strategy.
The Carlsbad Tomorrow Growth Management Citizens Committee’s work included a significant community engagement effort. Beyond the membership of the committee being representative of the community as a whole, all committee meetings were held in public, publicly noticed and included an opportunity for input from the community at each meeting. Committee meetings were streamed live on the city’s website and meeting materials and recordings were posted to the city website. All committee meetings were held in accordance with the open meeting requirements of the Ralph M. Brown Act.
The committee held 15 public meetings between March 2022 and April 2023. Regular updates were shared via the city’s communication channels about the committee’s work and topics on the agenda for discussion throughout the process. This included communicating the availability of the committee’s draft recommendations for public review, which were posted on the city website from March 14 to April 20, 2023. All written public comments are included as an appendix to the committee’s report (Exhibit 2).
Fiscal An
alysis
Staff estimate the total cost for consultant services to complete the implementation program (Exhibit 1) will be $420,000 to $520,000 over a four- to six-year period. After releasing a request for proposals and selecting a consultant, staff will return to the City Council with a request to approve a consultant contract and to appropriate funding for the consulting services.
Nov. 19, 2024
Item #12 Page 7 of 22
Next Steps
Following City Council approval of the implementation program (Exhibit 1), staff will proceed with the next steps outlined in the implementation program, or as otherwise directed by the City Council.
Environmental E valuation
The City Planner has determined that this action is exempt from the requirements of the California Environmental Quality Act in accordance with Guidelines Section 15378(b)(5), in that receiving a report and providing direction to staff to seek consulting services, and to prepare additional studies and reports does not meet the definition of a project. The action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
Exhibits
1. City Council resolution
2. City Council staff report dated July 18, 2023 ( on file in the Office of the City Clerk)
3. City Council Resolution No. 2021-074
4. Local facility management zones and 2024 Housing Element rezone sites Nov. 19, 2024
Item #12 Page 8 of 22
RESOLUTION NO. 2024-262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE IMPLEMENTATION PROGRAM FOR THE
CARLSBAD TOMORROW GROWTH MANAGEMENT CITIZENS COMMITTEE'S
RECOMMENDATIONS TO AMEND THE GROWTH MANAGEMENT PROGRAM
WHEREAS, the Growth Management Program was established in 1986, consisting of the Growth Management Ordinance, Citywide Facilities and Improvements Plan, 25 Local Facilities Management Plans, and voter -approved Proposition E; and
WHEREAS, the Growth Management Program sets forth growth control measures on housing development and performance standard s for certain public facilitie s including city admini stration , library , wastewater treatment capacity, parks, drainage, circulation, fire, open space, schools, sewer collection , and water distribution , which ensured that all necessary public facilitie s were adequate and available concurrent with need to serve new development; and WHEREAS, in response to the state 's housing crisis, the state Legislature has adopted a series of hou sing related bills in recent years to increase housing production. These changes limit the city's ability to fully implement the current Growth Management Program; and WHEREAS, on April 6, 2021, the City Council of the City of Carlsbad, California adopted Resolution No. 2021-074, which found that "Government Code Sections 65583(a)(3) and 65863(a) (SB 166 [2017]) and Government Code Section 66300(b){l){D) (SB 330 [2019]) preempt the city from implementing residential growth management plan caps, residential quadrant limit s, and residential control points. Consequently, the city find s that it cannot and will not enforce these residential caps, quadrant limits, and control points, including but not limited to those contained in the General Plan (including, but not limited to the Land Use and Community Design Element Table 2-3, Section 2.6, Policy 2-P.8(a) and (b), Policy 2- P.16(d), and Policy 2-P.57), Growth Management Plan (Proposition E); City Council Policy Statement No. 43, Carlsbad Municipal Code Chapter 21.90 including but not limited to CMC §§ 21.90.030 (b), 21.90.045 and 21.90.185."
WHEREAS, on May 4, 2021, the City Council of the City of Carlsbad, California adopted Resolution No. 2021-100 directing staff to initiate the process to form a citizens committee to identify the key elements of a new plan to manage growth and maintain an excellent quality of life in Carlsbad while complying with state housing laws; and to return to the City Council with recommendations on the formation of a committee; and
Exhibit 1
Nov. 19, 2024
Item #12 Page 9 of 22
W HEREAS, on Sept. 28, 2021, the City Council adopted resolution No 2021-223 approving the Growth Management Plan Update Advisory Committee Charter, and on March 8, 2022, the City Council made appointments to the Growth Management Plan Update Advisory Committee, later renamed Carlsbad Tomorrow: Growth Management Citizens Committee; and WHEREAS, the Carlsbad Tomorrow: Growth Management Citizens Committee met 15 times from March 2022 to April 2023, and on April 20, 2023, the committee accepted the Carlsbad Tomorrow:
Growth Management Citizens Committee Report, April 2023, on file with the City Clerk, which includes the committee’s recommendations to the City Council on changes to the Growth Management Program; and
WHEREAS, on July 18, 2023, the City Council adopted Resolution No. 2023 -205 directing staff to return to the City Council with an implementation program to update the Growth Management Program consistent with the committee’s recommendations to keep, modify or remove existing public facility performance standards; and
WHEREAS, on January 30, 2024, the City Council adopted Resolution No. 2024-0015 approving the Housing Element rezone program, which increased public facility needs by increasing the number of planned housing units throughout the city.
WHEREAS, an implementation program for the committee's recommendations on changes to public facility performance standards is outlined in Attachment A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council directs the City manager or designee to initiate the implementation program (Attachment A) for the Carlsbad Tomorrow Growth Management Citizens Committee recommendations to revise the Growth Management Program by changing the public facility performance standards, as described in the Carlsbad Tomorrow:
Growth Management Citizens Committee Report, April 2023.
3. That the City Council directs the City Manager or designee to enter into a consultant contract(s) to implement Tasks 3 and 4 of the implementation program (Attachment A), in accordance with the requirements of Chapter 3.28 of the Municipal Code, and return to council to authorize appropriation of funding for the consulting services.
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Item #12 Page 10 of 22
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Nov. 19, 2024
Item #12 Page 11 of 22
Attachment A
IMPLEMENTATION PROGRAM
Objective: Implement the Carlsbad Tomorrow Growth Management Citizens Committee recommendations to update the Growth Management Program.
Lead Department: Community Development
Supporting Departments: City Attorney Finance
Utilities Fire
Parks & Recreation Traffic & Mobility
Library & Cultural Arts Communication & Engagement
Resource needs • 50% Senior Planner in Community Development Dept. • Supporting departments on as needed basis
• Consultant services (cost to be determined)
Carlsbad Tomorrow Growth Management Citizens Committee Recommendations The Carlsbad Tomorrow Growth Management Citizens Committee was charged with identifying key elements of a new plan to manage growth in Carlsbad in a way that maintains an excellent quality of life while also complying with state law.
Over the course of 15 meetings, the committee received in-depth presentations from department heads, Fire and Police Chiefs, and other internal and external experts about each of the existing Growth Management Program’s 11 public facility performance standards. For each performance standard, the committee determined whether the standard should be kept as is, modified or removed from the Growth Management Program, as summarized below.
Current growth management
public facility Committee’s recommendation
Libraries Keep as is
Parks Keep as is
Circulation (mobility) Keep as is
Drainage Keep as is
Sewer collection system Keep as is
Water distribution system Modify
Open space Modify
Nov. 19, 2024
Item #12 Page 12 of 22
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Implementation Program
Implement the Carlsbad Tomorrow Growth Management Citizens Committee recommendations to update the Growth Management Program
Current growth management
public facility Committee’s recommendation
Wastewater treatment capacity Remove
City administrative facilities Remove
Fire Remove
Schools Remove
TASKS TO IMPLEMENT COMMITTEE RECOMMENDATIONS
Task
1. Obtain Consulting Services – Request for Proposals and Contract Approval • Develop scope of work/send request for proposals to complete Tasks 4 and 5, below. • Consultant selection
• City Council contract approval
• ESTIMATED COMPLETION: Six to nine months after approval of this implementation program • ESTIMATED COST: See Tasks 3 and 4.
2. Update Citywide Facilities and Improvements Program (CFIP), General Plan, Carlsbad Municipal Code, and City Council Policy 43
• Update the public facility performance standards as recommended by committee. • Update all sections of CFIP to reflect current status. • Update CFIP to require a review/update of the public facility performance standards/Growth Management Program to occur concurrently with each Housing Element Update (see Task 5). • Update General Plan and Zoning Ordinance to ensure consistency with updated public facility performance standards.
• Update Carlsbad Municipal Code to reflect current status of Growth Management Program. • Update Carlsbad Municipal Code to require a review/update of the public facility performance standards/Growth Management Program to occur concurrently with each Housing Element update.
• Update City Council Policy 43 to align with revised Growth Management Program. • ESTIMATED COMPLETION: 12 to 18 months after approval of this implementation program. • ESTIMATED COST: Staff time. No additional cost.
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Item #12 Page 13 of 22
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Implementation Program
Implement the Carlsbad Tomorrow Growth Management Citizens Committee recommendations to update the Growth Management Program
3. Evaluate public facility development impact fees and update as necessary • Prepare a development impact fee nexus study, evaluate the city’s existing development impact fees, and recommend changes to fees, as necessary, to ensure public facilities are adequate to serve future development, are consistent with all applicable regulations, as well as the committee’s recommended changes to public facility performance standards. Fees to be evaluated include the Public Facility Fee, Traffic Impact Fee, Drainage Area Fee, Sewer Fee, Local Facility Management Fee, and Park Land In-Lieu Fee. Although the city updated the Park Land In-Lieu Fee in April 2024 and is working on an update to the Traffic Impact Fee, these fees will be included in a comprehensive evaluation of all fees; however, this evaluation is not intended to conflict with those other fee update efforts.
• City Council Policy 17 shall be updated, as needed, to be consistent with any fee update. • The tax required by Carlsbad Municipal Code Section 5.09 shall be evaluated and updated, if necessary.
• ESTIMATED COMPLETION: 24 months after consultant contract approval. • ESTIMATED COST: $100,000 - $120,000
4. Update Local Facility Management Plans (LFMPs)
• Update the LFMPs for the 2024 Housing Element rezone sites, which are within LFMZs 1, 3, 5, 15, 17, 18, 22 and 23.
• ESTIMATED COMPLETION: Two to four years after consultant contract approval. • ESTIMATED COST: $320,000 to $400,000
5. 2029 Housing Element Update (7th Cycle)
• Review and provide recommendations on any necessary changes to the Growth Management Program based on:
o A new Regional Housing Needs Allocation assigned to the city, o Any changes needed to the General Plan,
o Changed conditions in the city’s growth,
o and required updates to facility plans or nexus studies to continue to update fees. • The city will be required to adopt the 7th cycle update to the Housing Element within 18 months of the San Diego Association of Governments adoption of its update to the Regional Transportation Plan in 2029. The 2029 Housing Element update will need to begin 2-3 years before April 2029 to be completed on time.
• ESTIMATED COMPLETION AND COST: Dependent upon scope of work, which will be determined at the time of a request for consultant proposals for the Housing Element update (2-3 years prior to April 2029).
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Item #12 Page 14 of 22
Exhibit 2
City Council S
taff Report Dated July 18, 2023
(on file in the Office of the City Clerk)
Nov. 19, 2024
Item #12 Page 15 of 22
April 6, 2021
Item #6 Page 538 of 570
Exhibit 3
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Item #12 Page 16 of 22
RESOLUTION NO. 2021-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, IMPLEMENTING UPDATED HOUSING ELEMENT PROGRAM 2.2,
BY FINDING THE CITY'S RESIDENTIAL HOUSING CAPS CONTAINED IN THE
GENERAL PLAN, GROWTH MANAGEMENT PLAN (PROPOSITION E), CITY COUNCIL POLICY STATEMENT NO. 43, AND THE CITY'S MUNICIPAL COD£ (TITLE 21 CHAPTER 90) ARE PREEMPTED BY STATE LAW AND
UNENFORCEABLE
WHEREAS, in 1986 the voters of the City of Carlsbad, California adopt ed Proposition E, which has become known as the Growth Management Plan (GMP); and WHEREAS, the GMP amended the city's General Plan by adding the following:
The City of Carlsbad in implemen.ting its public facilities element and growth management plan has made an estimate of the number of dwelling units that will be built as a result of the application of the density ' ranges in the Land Use Element to individual projects. The City's Capital Improvement Budget, growth management plan, and public facilitie s plans are based on this estimate. In order to ensure that all necessary public facilities will be available concurrent with need to serve new development it is necessary to limit the number of residential dwelling units which can be constructed in the city to that estimate. For that purpose, the city has been divided into four quadrants along El Camino Real and Palomar Airport Road. The maximum number of residential dwelling units to be constructed or approved in the city after November 4, 1986 is as follows: Northwest quadrant 5,844; Northeast quadrant 6,166; Southwest quadrant 10,667; Southeast quadrant 10,801; and The total number of residential dwelling units at build out was limited to 54,599; and, WHEREAS, for the sixth housing cycle, the city was assigned a total RHNA of 3,873 housing units, and as of February 28, 2021, only 1,953 residential dwellin g units remain available to reach the 54,599 citywide cap. This number includes the 1,353 units that were removed by the City Council in 2002. The 1,953 total units that remain available are distributed among the quadrants as follows: 417 resident ial dwelling units in the Northwest quadrant, 102 in the Northeast quadrant, 1,127 in the Southwest quadrant and 307 in the Southeast quadrant for a total of 1,953; and WHEREAS, Proposition E also established Growth Management Control Points for General Plan Density Ranges in order to ensure that growth caps would not be exceeded. When a project is approved with fewer dwelling units than would be allowed by the Growth Management Control Point, excess dwelling units are created. These unit s are "deposited" in the Excess Dwelling Unit Bank (EDUB). The City Council enacted City Council Policy No. 43 in part to create a process to allocate these excess units April 6, 2021
Item #6 Page 539 of 570
Nov. 19, 2024
Item #12 Page 17 of 22
to future projects. City Council Policy No. 43 can act as a cap on development to the extent that units are available in the EDUB; and
WHEREAS, the City's General Plan Land Use and Community Design {LUCO) Element also incorporates the residential caps and control points from Proposition E, including Table 2-3 and Section
2.6, Policy 2-P.8(a) and {b), Policy 2-P.16(d), Policy 2-P.57; WHEREAS, the City's Municipal Code contains a number of provisions which also implement the GMP housing caps, including but not limit ed to CMC §§ 21.90.030 (b), 21.90.045 and 21.90.185; WHEREAS, in 2017 the California Legislature passed SB 166 which amended the Housing Element law (Gov. Code § 65863(a)) to require the City to ensure that its Housing Element is capable of accommodating the remaining Regional Housing Needs Allocation (RHNA) "at all times;" and WHEREAS, in 2019 the California Legislature passed the Housing Crisis Act of 2019 (SB 330) which added 66300 to the Government Code. It states that California is experiencing a housing shortage of crisis historic proportions. To address the crisis, the legislature has declared a statewide housing emergency until 2025 and suspended certain restrictions on development of new housing during the emergency. Among other things, the Legislature has suspended the ability of cities to establish or implement any provision that:
(i) Limits the Number of land use approvals or permits necessary for the approval and construction of housing that will be issued or allocated within a II or a portion of the affected county or affected city, (ii) Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other t ime period, or {iii) Limits the population of the affected county or affected city.
Government Code 66300 (b)(l)(D); and
WHEREAS, on February 23, 2021 the City of Carlsbad received an opinion from HCD (Attachment A) which states:
The City's GMP appears to be designed to assure that housing development in the City and the provision of public services are closely aligned (City of Carlsbad Mun. Code, §
21.09.010.) However, the City's GMP establishes growth cap numbers ~ity-wide and by quadrant. Moreover, the City's GMP mandates that the City shall not approve any General Plan amendment, zone change, tentative subdivision map or other discretionary approval for a development which could result in the development above the limit in any quadrant. The establishment of such growths caps and development restrictions contradicts Government Code section 66300, subdivision {b)(l)(D).
Accordingly, HCD is of the opinion that such a growth cap under the GMP cannot permissibly be implemented consistent with Government Code section 66300.
April 6, 2021
Item #6 Page 540 of 570
Nov. 19, 2024
Item #12 Page 18 of 22
WHERAS, additional communication with HCD explained the GMP residential unit caps could not prevent consistency with the Housing Element inventory [Gov. Code 65583(a)(3)] and SB 166 [Gov.
Code§ 65863(a)];
WHEREAS, if the City of Carlsbad does not address HCD's concerns and refuses to certify the City housing element in compliance with state law, the City would lose the ability to control residential development. More specifically, the Government Code places the burden on a city to deny housing development projects, and requires a city to adopt specific findings for denial or a reduction in residential density. (Gov. Code,§§ 65589.5(d) and (j), 65863.) This includes findings that (A) a city has adopted a housing element in substantial compliance with state law, (B) a city has met or exceeded its RHNA allocation, and (C) that denial of a housing project is consistent with a city's general plan, including the housing element. (Gov. Code,§§ 65589.5(d)(l).) If these findings cannot be made, a city is generally required to approve a housing project. (Id.) The City is also explicitly precluded for relying upon a land use inconsistency as grounds for denial .of a housing project where it does not have a certified housing element. (Gov. Code,§ 65589.5(d)(5)(B).); WHEREAS, Under the California Constitution article XI, section 7 a city may not enact local laws that conflict with "general" or state laws. Local legislation that conflicts with the general laws of the state is void, including Growth Management Plans; California Building . Industry Assoc. v. City of Oceanside (1994) 27 Cal.App.4th 744, 760-761. Cohen v. Board of Supervisors (1985) 40 Cal 3d 277, 290; similarly, previously valid laws which become inconsistent with state law are also void and unenforceable. Friends of Lagoon Valley v. City of Vacavilfe (2007) 154 Cal.App.4th 807,830; and WHEREAS, Pursuant to Public Resources Code Section 21065, the City's preemption findings which simply recognize controlling state law do not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct and are incorporated herein by reference to include Attachment A as findings set forth in full.
April 6, 2021
Item #6 Page 541 of 570
Nov. 19, 2024
Item #12 Page 19 of 22
2. Consistent with Updated Housing Element Program 2.2, the City Council finds that Government Code Sections 65583(a)(3) and 65863(a) (SB 166 [20171) and Government Code Section 66300(b)(l)(D) (SB 330 [20191) preempt the city from implementing residential growth management plan caps, residential quadrant limits, and residential cont rol points. Consequently, the City finds that it cannot and will not enforce the_se residential caps, quadrant limit s, and control points, including but not limited to those contained in the General Plan (including, but not limited to the Land Use and Community Design Element Table 2-3, Section 2.6, Policy 2-P.B(a) and (b), Policy 2- P.16(d), and Policy 2-P.57), Growth Management Plan (Proposition E); City Council Policy Statement No. 43, Carlsbad Municipal Code Chapter 21.90 including but not limited to CMC §§ 21.90.030 (b), 21.90.045 and 21.90.185.
3. If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of April, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Blackburn, Acosta, Bhat-Patel.
Hall, Schumacher.
None.
MATT HALL, Mayor
~WhD0YY!et~ nv
BARBARA ENGLESON, City Clerk
(SEAL)
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
February 23, 2021
Celia A. Brewer, Ci
ty Attorney
Office of the City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Ce lia Brewer:
RE: Request for HCD Opinion
on Enforceability of City’s Growth Cap
Letter of Technical Assistance
This le tter is to as
sist the City of Carlsbad (City) in the implementation of Government Code 66300, part of the Housing Crisis Act (Senate Bill 330) of 2019, as requested in the City’s letter dated August 04, 2020. The City’s letter requested the opinion of the California Department of Housing and Community Development (HCD) as to the enforceability of the City’s growth cap provisions within the Growth Management Program (Proposition E or GMP). For the reasons explained below, HCD finds that the City’s growth cap provisions to be impermissible under Government Code section 66300, subdivision (b)(1)(D).
HCD’s opi nion is based on t
he mandatory criteria established by the Legislature with the passage of SB 330 in 2019, also known as the Housing Crisis Act of 2019, which added section 66300 to the Government Code. The State of California is experiencing a housing supply shortage of crisis proportions. To address this crisis, the Legislature declared a statewide housing emergency until 2025 and suspended certain restrictions on development of new housing during the emergency period. (Housing Crisis Act of 2019, Chapter 654, Statues of 2019, section 2(b).) Among other things, the Legislature suspended the ability of cities and counties to establish or implement any provision that: (i) “Limits the number of land use approvals or permits necessary for the approval and construction of housing that will be issued or allocated within all or a portion of the affected county or affected city,” (ii) “Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other time period,” or (iii) “Limits the population of the affected county or affected city.” (Gov. Code, § 66300, subd. (b)(1)(D).
Attachment A
April 6, 2021
Item #6 Page 542 of 570
Nov. 19, 2024
Item #12 Page 20 of 22
The City’s GMP appears to be designed to assure that housing development in the City and the provision of public services are closely aligned (City of Carlsbad Mun. Code, §
21.09.010.) However, the City’s GMP establishes growth cap numbers City-wide and by quadrant. Moreover, the City’s GMP mandates that the City shall not approve any General Plan amendment, zone change, tentative subdivision map or other discretionary approval for a development which could result in the development above the limit in any quadrant. The establishment of such growths caps and development restrictions contradicts Government Code section 66300, subdivision (b)(1)(D).
Accordingly, HCD is of the opinion that such a growth cap under the GMP cannot permissibly be implemented consistent with Government Code section 66300.
Thank you for reaching out to HCD for this guidance. Please contact Melinda Coy of our staff, at [email protected], with any questions.
Sincerely,
Shannan West
Land Use and Planning Chief
April 6, 2021
Item #6 Page 543 of 570
Nov. 19, 2024
Item #12 Page 21 of 22
LFMZ 1
LFMZ 1
LFMZ 1
LFMZ 15
LFMZ 3
LFMZ 5 LFMZ 5
LFMZ 3
LFMZ 5 LFMZ 17
LFMZ 17
LFMZ 18
LFMZ 22
LFMZ 22
LFMZ 23
Exhibit 4
Nov. 19, 2024
Item #12 Page 22 of 22
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1 Miles
I ask you to motion , and then vote to pull this agenda item and properly and honestly address Carlsbad Citizens ' overwhelming desires and the Committee's work on open space .
Sincerely ,
Shirley Keating-Hudson
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Copyright © 2024 People For Ponto, All rights reserved .
You are receiving this email because you opted in via our website. 2 Eric Lardy, City Planner
Community Development Department
November 19, 2024
Plan to Implement Growth Management
Committee Recommendations
TODAY’S PRESENTATION
• Background summary
• Overview of Growth Management Program
• Summary of Growth Management Committee Recommendations • City Council direction on July 18, 2023
• Proposed plan to implement committee recommendations
• Next steps
ITEM 12: Growth Management Recommendations
OVERVIEW OF GROWTH
MANAGEMENT PROGRAM
Adequate Public
Facilities
Provide
facilities with
development
Facility
standards
Limit Residential
Growth
Proposition E
Limits
number of
houses
ITEM 12: Growth Management Recommendations
ITEM 12: Growth Management Recommendations
Voters
Examples of Key City Documents that Guide and Manage Growth (Adopted by City Council)
Growth
Management
Program
General
Plan
Local Coastal
Program
Other Municipal Code
Development Standards
Public Master
Plans
Proposition E:
Housing Caps
Policies for many
topics including:
land use, mobility,
recreation, safety,
housing
Guides
development in
the Coastal Zone
consistent with the
Coastal Act
Subdivision
Ordinance,
Building Code
Parks and Trails
Mobility
Utilities
Growth
Management
Ordinance
Citywide Facilities
Management Plan
Local Facility
Management Plans
Municipal Zoning Code
(Title 21)
CITYWIDE FACILITIES AND
IMPROVEMENTS PLAN
City admin. facilities Circulation
Libraries Drainage
Parks Sewer Collection
Open space Water distribution
Schools Wastewater treatment capacity
Fire response
ITEM 12: Growth Management Recommendations
BACKGROUND SUMMARY
• State law made components unenforceable
• Growth Management Citizens Committee
formed in March 2022
• 15 committee meetings 2022-2023
ITEM 12: Growth Management Recommendations
COMMITTEE
RECOMMENDATIONS
• July 18, 2023 - Final report presented
to City Council
• Recommends key public facilities to
be addressed in a new plan to manage
growth
ITEM 12: Growth Management Recommendations
COMMITTEE RECOMMENDATIONS
Libraries Water distribution system
Parks Open space
Circulation (mobility) Wastewater treatment capacity
Drainage City Administrative Facilities
Sewer collection system Fire
Schools
ITEM 12: Growth Management Recommendations
OTHER COMMITTEE RECOMMENDATIONS
ITEM 12: Growth Management Recommendations
JULY 18, 2023
CITY COUNCIL DIRECTION
1. Return with plan to implement committee
recommendations for facility standards
2. Present information about a distance-based
parks standard for Parks during the Master
Plan Update
3. Evaluate options for a Ballot Measure to
amend Proposition H
ITEM 12: Growth Management Recommendations
JULY 18, 2023
CITY COUNCIL DIRECTION
• Return with plan to implement
recommendations to keep, modify and
remove facility standards
• Status: this report includes a proposed
implementation plan
ITEM 12: Growth Management Recommendations
JULY 18, 2023
CITY COUNCIL DIRECTION
• Regarding evaluation of distance-based park
standard:
• Sept. 2023 Parks & Recreation Master Plan
Update – staff presented evaluation on
proximity of parks to residential areas
• City Council did not direct staff to further
evaluate a distance-based park standard
ITEM 12: Growth Management Recommendations
JULY 18, 2023
CITY COUNCIL DIRECTION
• Regarding ballot measure to increase $1M
expenditure limit:
• City Council directed staff to return with
options
• Status – Complete. Ballot measure as part
of November 2024 Election.
ITEM 12: Growth Management Recommendations
IMPLEMENTATION PROGRAM
Keep, Modify and Delete Facility Standards
# Task Estimated Timing Estimated Cost
1 Obtain consultant for Tasks 3 & 4 6-9 months See Tasks 3 & 4 2 Review and update
• Citywide Facilities and
Improvements Plan
• General Plan
• Zoning Ordinance
• City Council Policy 43
12-18 months Staff time
No additional cost
ITEM 12: Growth Management Recommendations
IMPLEMENTATION PROGRAM
Keep, Modify and Delete Facility Standards
# Task Estimated Timing Estimated Cost
3 Evaluate and update as needed
• Development impact fees
• City Council Policy 17
• Municipal Code Sec. 5.09
24 months $100,000 - $120,000
ITEM 12: Growth Management Recommendations
IMPLEMENTATION PROGRAM
Keep, Modify and Delete Facility Standards
# Task Estimated Timing Estimated Cost
4 Update Local Facility Management
Plans for 2024 Housing Element
Rezone sites
• Local Facility Management Zones
1, 3, 5, 17, 18, 22, and 23
2-4 years $320,000 -
$420,000
ITEM 12: Growth Management Recommendations
Task 5: Next Housing Element Cycle, expected 2030/2031
PROPOSED ACTION
Adopt a resolution:
- Approving an implementation program for
the Growth Management Committee
recommendations
ITEM 12: Growth Management Recommendations
Eric Lardy, City Planner
Community Development Department
November 19, 2024
Plan to Implement Growth Management
Committee Recommendations
MODIFY OPEN SPACE STANDARD
G r o w t h M a n a g e m e n t F i n a l R e c o m m e n d a t i o n s Existing Standard Modified Standard (Summary)
Fifteen percent of the total land area in the
Local Facility Management Zone (LFMZ)
exclusive of environmentally constrained
non-developable land must be set aside for
permanent open space and must be
available concurrent with development.
[Applies to Local Facilities Management
Zones 11-15 and 17-25]
➢ Specify that open space is required in all Local
Facility Management Zones, consistent with city
policies and regulations.
➢ Require 15% open space, as currently required,
and clarify which Local Facilities Management
Zones it does and does not apply, pursuant to the
Citywide Facilities and Improvements Plan
adopted by the City Council in 1986.
➢ Refer to the rationale used in 1986 to determine
where to apply the 15% open space requirement.
Carlsbad Tomorrow: Open Space Summary
• Quality of Life Concerns and Recommendations Summary