City of Carpinteria
Special Joint City Council and Planning Commission
Meeting Agenda
Monday, December 4, 2023
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 5:30 p.m. Special Meeting
In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). • View the meeting live through the City’s website (https://carpinteria.ca.us/cityhall/agendas-meetings) on your computer, tablet or smartphone. • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 849 5178 9727) to listen to the meeting on your phone.
• Join the City’s Zoom webinar from your computer, tablet, or smartphone by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 849 5178 9727.
Public Comments
• Provide a live public comment during the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). Please note the City has the discretion to limit both the overall and individual speaker time for any meeting or agenda matter. Typically, the Council’s practice has been to limit each speaker to three minutes. • Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment (typically, the practice has been up to 3 minutes per speaker on each item). At the end of your comment, staff will once again mute your microphone. • Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of the meeting by either submitting your comment via (1) email to [email protected], or (2) the eComment link on the City's agenda website https://carpinteriaca.gov/cityhall/agendas-meetings/). Please reference the agenda item to which your comment pertains.
City Council Special Meeting Agenda
December 4, 2023
Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment in-person in the City Council Chambers). Additional options may be made available at the meeting.
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
CITY COUNCIL BUSINESS:
The City Council will meet to consider the following item:
1. Presentation on California Density Bonus Law, the Housing Accountability Act and the California Coastal Act.
Recommendation: Receive and file report on implementation of California Housing laws in the Coastal Zone.
PUBLIC COMMENT WILL BE HEARD CONCERNING ONLY THE AGENDIZED ITEM FOR
THIS SPECIAL MEETING
ADJOURNMENT
The next regular City Council meeting will be held December 11, 2023 at 5:30 p.m.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at (805) 755-4403 or the California Relay Service at (866) 735-2929. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.
Materials related to an agenda item submitted to the City Council after distribution of the agenda packet are available for public review at the City Clerk's Office, located at 5775 Carpinteria Avenue, Carpinteria, CA 93013 or by going to the City’s website at https://carpinteriaca.gov/cityhall/agendas-meetings/.
This agenda was posted on Thursday, November 30, 2023, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.
City of Carpinteria
Jotrur Crrv Couttcrt- Rruo PlRttNrNG Gotutwussrott
Meerrruc Aceruoa Srnrr Reponr
December 4,2023
ITEM FOR COUN CIL CONSIDERATION
Presentation on California Density Bonus Law, the Housing Accountability Act and the California Coastal Act.
STAFF RECO MENDATION
Action ltem _; Non-Action ltem X
Receive and file report on implementation of California housing laws in the Coastal Zone.
Motion: I move to receive and file the report on California Density Bonus Law, the Housing Accountability Act and the California Coastal Act.
BACKGROUND
ln 1978 and 1982, the California legislature adopted Density Bonus Law and the Housing Accountability Act, respectively. Density Bonus Law offers incentives for developers that provide a specified percentage of affordable units at certain income levels. The Housing Accountability Act establishes limitations on a local agency's ability to deny, reduce the density of, or make infeasible qualifying housing development projects. Historically, these two laws did not apply to projects within the California Coastal Zone (Coastal Zone) as the laws were explicitly superseded by the California Coastal Act. More recently, however, the Legislature has strengthened the Housing Accountability Act and Density Bonus Law and the State has required localjurisdictions within the Coastal Zone to harmonize Density Bonus Law and the Housing Accountability Act with the Coastal Act, including a localjurisdiction's certified Local Coastal Program (LCP).
lmplementation of Affordable Housing Legislation in the coastalZone December 4,2023
DtscusstoN
The City of Carpinteria is located entirely within the Coastal Zone and thus must implement Density Bonus Law and the Housing Accountability Act in a manner consistent with the California Coastal Act and the City's certified LCP. The presentation will focus on current status of the law regarding implementing these laws in the Coastal Zone and the City's efforts to harmonize Density Bonus Law and the Housing Accountability Act with the Coastal Act. A copy of the presentation slides arsincluded with this repo rt as Attachment A
POLICY SISTENCY
ln addition to complying with State law, the City has the following Land Use policies associated with housing development:
' General Plan Objective LU-1: Establish the basis for orderly, well planned urban development while protecting coastal resources and providing for greater access and recreational opportunities for the public.
' LU-2: Protect the natural environment within and surrounding Carpinteria. ' LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoid ing sprawl development at the city's edge.
' LU-4: lnfluence land use decision making, use and development patterns in the unincorporated Carpinteria Valley to be supportive of the California Coastal Act and City objectives to preserve unique coastal resources by establishing openfield agricultural use as the predominant use in the unincorporated Valley. ' LU-S: Maintain availability of agriculture, coastal-dependent industry and visitorserving commercial development including hotels/motels, restaurants and commercial recreation uses.
' LU-6: Create flexible land use and zoning standards for general commercial and industrial parcels that allow opportunities for residentiat use to expand, as determined appropriate by the City, in response to changing needs relative to the jobs/housing balance locally and in the region, and as incentive toward the development of affordable housing.
' LU-7: Adopt and amend as necessary a Sphere of Influence that serves to establish the basis for annexation of certain land contiguous to city limits
FINANCIAL CONSI DERATIONS
No additional funding requested. Minimal staff and City Attorney time to prepare this report is included in the Adopted FY 2023-24 General Fund Budget.
City actions to implement State housing laws may have financial impacts and would be approved by the City Council through separate actions.
lmplementation of Affordable Housing Legislation in the Coastal Zone December 4,2023
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
lmplementation of the Housing Accountability Act, Density Bonus Law and other housing laws in the Coastal Zone generally requires the City to harmonize these laws with CoastalAct policies and the City's certified LCP. Decisions on housing projects pose legal risks to the City that the applicant or interested parties may challenge the City's decision on a housing project to the California Coastal Commission or through the courts.
PRINCIPAL PARTIES EXPECTED AT MEETING
General Public
ATTACHMENTS
Attachment A. Presentation slides
Report Prepared by and Staff Contact:
Cody Sargeant & Mack Carlson,
Legal Counsel on behalf of Brownstein
Attorney of the City of Carpinteria
Hyatt Farber Schreck, LLP acti g c
/
Reviewed by:
Nick Bobroff, Community Development Director
[email protected]; (805) 7 55-4407
Reviewed by:
Dave Durflinger, City Manager
[email protected]; (805) 7 55-4400
7z
t-. D*"P\i^qgtr
Signatu
Signature
Attachment A
Copy of Presentation Slides
lmplementation of California Housing Laws
in the Coastal Zone
Joint City Council and Planning Commission Meeting
December 4,2023
I m plementation of Afforda ble
Housing Legislption in the Coastal
Zone
City of Carpinteria
City Council & Planning Commission
Decembe r 4, 2023
Outline
Density Bonus Law
Housing Accountability Act
CoastalAct
Guidance on Harmonuzing CoastalAct with
Affordable Housing Laws
o
o
o
o
Purpose
Provide anupdate on implementing key State
housing laws in the CoastalZone and the City's
efforts to harmonrze Density Bonus Law and the
Housitrg Accountability Act with the Californra
CoastalAct and the City's certified Local Coastal
Program.
Density Bonus Law
o
What is Density Bonus Law?
Density Bonus Law (Gov. Code 55 65915-6591 8) offers
incentives for developers thatprovide a specified percentage of affordable units at certain income levels.
For housing developments that offer a specified percentage of affordable units, Density Bonus Law offers four categories of o
benefits:
(1)
(2)(3)
(4)
Bonus to base density
C onc e s s ions/Inc entive s
Waivers or Reductions in Development Standards
ReducOd Parking Ratios
Density Bonus: What Projects Apply?
Holtlittg-develpptlents are defined as projects for five or more residential unitso including mixed-usle developments.
The development must meet one of the following: o At least 5% -- very low income o
o
At least l0% -- lower income
At least I0% -- for-sale moderate income condominium
o
o
o
o
o
At least 20% -- for low-income college students
At least 20% -- for low-income transitional foster youth, disabled veterans or homeless persons
Senior cttizen housing development (no affordable units required)
o
Density Bonus: lncome Li mits
family of four
Santa Barbata Countv
in2023
Area Median Income (AMI) - $107.300 for . Income categories foi a family of four:
Very Low Income (up to 5 0% AMI) - $73,950*
Low Income (up to 80o/o AMI) - $ 118,500*
o Moderate Incorne (up to IA|%AMI) - $128,750
o Income limits adjusted based on household size.o Affordable Monthly Rent: (3 0% x Income) I 12 fwith utility allowance] (* Adjusted by HUD)
oa
Density Bonus: Bonus to Base Density
Restricted Afforda ble U n its
or Category
Very Low lncome
Lower lncome
Moderate lncome For-Sale*
Senior Housing
Transitional Foster Youth,
Disabled Veterans,Homeless
Lower lncome Student1,00% Affordable (80%Lower / up lo 20% Moderate)
Minimum
Percentage ofRestricted
Affordable Units
s%
10%
10%
too%
1.0%
20%
1.00%
Percentage ofDensity Bonus
Granted
20%
20%
5%
20%
20%
3s%
80%
Maximum
Percentage of
Restricted
Affordable Units
1.5%
24%
44%
Percentage ofDensity Bonus
Granted
s0%
50%
so%
* No Maximum
for certain
projects
Additional Bonus
for each t%increase in
restricted units
*2.sVo
*t.sYo
-1%o
Density Bon us : Concessio ns/l ncentives . The City is also required to provide one or more "incentives" or "concessions", 'which ate defined as
o d reduction in site development standards (e.g., reduction in setback or sf requirement, parking requirements, height increase)
. Approval of mixed-use zoning; or. Other regulatory incentives or concessions No. of
I ncentives/Concessi ons
Very Low lncome % Lower Income % Moderate lncome %
5% rc% 10%
to% 17% 20%Ls% 24% 30%1.6% 4s%
1,OO% Low/Very Low/Mod (20% Moderate allowed)*
(additional benefits for projects near major transit stop or in low vehicle miles traveled area) **
1,
2 3
4 5
Density Bon us : Concessio ns/l ncentives
o The City-is required to gr arficoncessions/incentives requested by the developer unless it "makes a written findirg, based upon substantial evidence" if it:
o Does not result in identifiable and actual cost reduction; o Has a specific, adverse imp act upon public health and safety or a historical resource that cannot be feasibly mitigated; or o Is contrary to state or federal law.
Density Bonus: WaiveryReductions of
Development Standards
The City cannot apply any development standard thatwould physicully preclude construction of the qualiffing housing developpent with the density bonus or requestedconcession/incentive, unless it makes certain findings.
O
a "Development Standard" means a site or construction condition (e.g., height limit, setb ack, floor atea ratio, open space requlrement, min. lot, area, or parking ratio) that applies to residential devel,gpment.
Dens
Deve
ty Bonus: Waiver/neductions of
opment Standards
City can refuse to grant the requested waiver or reduction of a development standard if it:
Creates a specific, adverse impactupon public health and safety or a historical resource that cannot be feasibly mitigated; or
Has an adverse impact on real property in the CaliforniaRegister of Historical ResourcesIs contrary to state or federal law.
O
o
o
a
Density Bonus: Parki ng Reductions
Upon the developer's request, the City may not require more than the following parking rrtios :
Stu d io l- space
l- space1.5 spaces1.5 spaces
2.5 spaces
1, Bed room
2 Bedroom3 Bedroom
4 Bed room
No parking standards for certain projects near "maJor transit stops" Density Bohus and the Coastal Act
" This section does not supersede or in anv wav alter or lessen the e ctora lication o the Cali rnia Coastal Act o I 976 (Division 20(commencing with Section 30000) of the Public Resources Code) a Any density bonus, concessrons ) incentives, waivers or reductions ofdevelopment standards, andparkingratios to which the applicant is entitled under this section shall be permitted in a mannei that is consistent with this section and [the Culiforniu Coustul Act of 19761".
Housi ng Accou nta bi I ity Act ( HM)
ii
What is the Housing AccountabilityAct?
The Housing Accountability Act (HAA) (Gov. Code 5 65589.5) establishes fmitations on a-City's- ability to deny, reduce the density of or make infeasible quali$ritig housirig develofment projects. r o o The HAA applies to any o'housing development proiect" provided the project is consistenf with the eity's obJective general plan ana zoning standards. o tto ective means lnvo no onal or sub ective u ent a blic )) o CMI andbein unt rm vert o e
en or
cetoane
on aval ean le by both the development applicant or proponent and the public oflicial HM: Li mits on Ciry Discretion
o For all Housing Development Projects:o If a project meets the HAA's criterta, the City cannot deny or reduce the densiff of the project unless it makes written findings supported by a preponderance of the evidence that:
It would have a specific, adverse impactupon the public health or safety; and
There is no feasible method to mitigate or avoid theseimpacts other than by disapproval or approval of a lower density project.
oo
HAA Li mits on Ciry Discretion Affordable
Projects
The HAA further limits the City's discretion to deny a housingdevelopment proj ect for "Itousin or ve Io low- or moderateincome ltouseholds," defined to include:
O
a
20% of the total units sold or rented to lower income
households;
rc}%of the units sold or rented to moderate- or middleincome households.
Similar protections for farmworker housing and emergency shelters.
HM: Li mits on City Discretion
Afforda ble Projects Cont.
The City cannot deny or render infeasible a housing development project for very low, low-, or moderate-income households, farmworker housing, or an emergency shelter (collectively an "Affordable Project"), unless it makes written findings, based on substantial evidence of one of the five findings:
1. A loc al agency has a,"substantially compliant" Housiqg Element and has "met orexceeded" its share of RHNA for the income category propos,gd by the project
2. The AffordablelProject would hav e "a signifi carrt, quantifiable, direct, ffidunavoidable impact" on public health or safety thatcannot feasibly be mitigated HM: Li mits on,City Discretion
Afforda ble Projects Cont.
3. The Affordable Project violates a "specific state or federal law" and there is "no feasible method" to comply without rendering the project "unaffordable to low- and moderate-rncome households" or financially infeasible
4. The Affordable Project site is zoned for agricultural or resource preservation that is surrounded on atleast two sides by land beingused for agricultural or resources preservation purposes, or it lac[s adequate water or wastewater service.
5. The Affordable Project is inconsistent with the local agency's zoning and the land use designation of its general plan, and the local agency has adopted a substarfirally compliant Housing Element.
HAA and the Coastal Act
"Nothitrg in this section shall be construed to relieve the local asencv frorn comDlvins with . . . the Culiforntu
Coastul Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code)."
State Housing, Laws and Coastal Act
Historicallr magy uffordabl. l-tor'rlitrg. laws, including density bonus, wefe explicitly not applicable-in the'Coast al Zone.
Kalnel Gardens afftrmed this position with regards to Density Bonus. v
AB 2797 oveffuled Kalnel Gardens arrd required thatthe two laws be harrnontzed.The courts and leeislature have not weiehed in on how to interpret the HAAs coastal saviil$ clau-se or how to "harm onize".Case law supports "hannontzatton" of two statutory schemes in a
manner that glves effect, when possible, to all the frovisions of both schemes. o
o
o
o
O
+t (J
-(u+t ln(tt oU
Coastal Act Policies
New residential development in the coast al zone must be consistent with all Chapter 3 policies of the Coastal Act, including o Protecting public access and recreational opportunities (Pub. Res.
Code $$ 30210-3022\;
o Protecting marine habitats and water quality (Pub. Res. Code $ $ 30230 and 30231);
o Requiring adequate public services (Pub. Res. Code $ 30250); and o Protecting visual resources (Pub. Res. Code, $ 30ZSI).
Coastal Act Policies Cont.
Additional Coastal Act and coastal zone policies related to affordable housing:
O "I{othin in e Coastal Act shall exem t local vernments o
m meetin the re uirements
o state
a era ctw
with
res ect to rovt tn ow- and
m
o
erate-income oustn
ation ene ts) or any other
o ligation
by
$3
existing law or any law
hereafter
0007.)
The Lggislature finds and declares that it is rtant for the commlsslon to encoura e the rotection
o
rmpo
existi
n and the
rovtston
o /l€W,'CI,
r ersons
o
ow and mo
erate tncome ln e coasta zone. Res. Co e,$
30604(e).)
o
a ehousln
o ortunities
Coastal Act Policies Cont.
o "The commission shall encourage housing opportunities for persons of low and moderate. income. In reviewing residential development applications for low- and moderate-income housiog, as defined in [the HAA], the issuing agency, or the commission on appeal, mav not requrre measures that reduce residential densities below the densify sought by an applicant if the densify sought is within the permitted _d_gnsity or range of densify established by loc al zoning plus the additional density permitted under [Density Bonus Law], qnlgss the issuing agency or the commission on appeal makes a
finding, based on substantial evidence in the recofd , thatthe density sought by the applicarfi cannot feasibly be accommodated on the site in a manner that is in conformity with [the Coastal Actl or the certified local coastal program." (Pub. Res. Code, $ 30604(f).) a
City Coastal Land Use Pl an/Local Coast
Program Policies o Objective LU-l: Establish the basis for orderly, well planned urban dev'elopment while protecting coastal resources' andpiqylding for greatef access and r'ecreation6l opportunities for the ilublic. o LIJ-}: Protect the natural environment within and suffounding Carpinteria.
o LU-3: Preserve the small beach town character of the built environment o f C arp interia, enc ouraging comp atible revitahzatton and avoiding sprawl development at the city's edge.
of
o
ciry Coastal Land Use Pl an/Local Coast
Program Policies Cont.
LU-s : Maintain avarlfuility of agriculturg, co-astal-dependent induptry and visitor-serving commercial development including hotels lmotels, restaurants and commercial recre^ation uses. o
O
o LU-7: Adopt and amend as necessary a Sphere of Influence that serves to establish the basis for annexatioir of certain land contiguous to city limits
Guidance on Ha rmon izing Legislation
Guidance on Harmontzing Legislation
190 West Cliff Drive Mixed-Use (July 12,2023)
o The Project approved based on state dens ity bonus law and allowed for some deviation from LCP requirements
o Strive to "appropri ately protect coastal resources while accommodating both housing and affordable housing in
developed areas"
Coastal Commission blesses the inclusion of certain
density bonus projects in the Coastal Zone so long asdoing so does not lead to signiJicunt coustul resoarce impucts.
o
G u ida nce on Ha rmon iztng Legislation
SB 9 Coastal Commission Guidance (January 2I ,2022)
Projects that "cause significant adverse imp.agts to coastal resources such as pubTic access, sensitive hebitats, and recreationareas" are inconsistent with the Coastal Act.
Example: New residential develgpsJnt projects adlacent to environmentally sensitive areas (pSUAian"d sited in away that would significantly degrade those areas.
Proiects should not conflict with immediate shoreline, between the-first public road and the sea, near designated sceni c areas, andnear sensitive habitat arcas.
Similar to Coastal Commission's ADU Guidance
Oo
o
o
Guidance on Harmonizing Legislation
SB 423
Extends SB 35 affordable housing streamlining into portions of the Coastal ZoneExtended into all areas except:
a
o
o Portions of the Coastal Zone closest to the beach;
o Tidelands, submerged lands, & public trust lands within 100 feet of any wetland, esfuary or stream;
o Coast al areas vulnerable to up to 5 f,f. of sea level rise; o Parcels within the coastal zone not zoned for multi-family housing.
O
Considerations When Reviewi ng
Applicable Projects
If there is no conflict with Coastal Act artdthe City's LCP policies, City should review the project as required under Density Bonus Law and the HAA.
If there is a conflict, the City should attempt to harmontze the conflicting laws to the extent possible.
If not possible to harm onuze, City should make specific findings supported by asubstantial evidence connected to objective standards.
o
o
o
Considerations When Reviewi ng
Applicable Projects
Factors that the State has indicated may be critical in harmonizing laws with the Coastal Act:
o Significant impact to a coastal resource thatcannot be mitigated?
o Between the first public road and the sea?
o Within 100 feet of any wetland, estu&ty, or stream? o vulnerable to up to 5 f,f. of sea level rise? o Located on the periphery of develope d arcas or inladjacent to ESHA? : . Conflict with protected scenic areas?
O
O
O
What the Ciry Cannot Do
Ignore HAA, Density Bonus Law, and other applicable state housing laws in the Coastal ZoneThrough2034, downzone or reduce the intensity of residential land uses unless necessary to implementlarrtend the City's Local Coastal Programor the City W-zones other areas (Gov. Code, $ 66300(b).) Choose not to update its Housing Element and Zone Code lLocalCoastal Pro grarrl a
o
Whatthe Ciry is Doing
Housing Element Update
Housing Element Zone Code Update
Downtown Obj ective Design Standards
City's Density Bonus Ordinance Updates (CMC Chap . 14.77) Anti -D i sp lacement Measure s
General Plan and CoastalLartd Use Plan Update
O
a
o
a
o
Summary
Density Bonus Law, the HAA and other applicable state housing laws in the Coast al Zone limit the City's discretion over housing proj ects.
The City still retains limited discretion over housing projects when specific circumstances apply or the City can make certain findings In effect, the City has less control over project outcomes for housing proj ects
o
o
QUESTI ONS
&
COMMENTS